Tier 2 General or Spouse Visa Help please

[IjMia]

Hello All,

I have a question, more like needing advice. I am currently on an Employer sponsored visa , for a year and a month approximately. This visa is valid for slightly less than 2 years. I have only just realized that employer sponsored visas are usually 3 years then extended for 2 or so. I wonder why mine is 23 months. Wondering if that was a mistake or just based on the time given to the UKBA by my employer in the COS. I had zilch to do with the application, all I did was submit my passport and some documents and turned up for bio-metrics at my local post office.
Anyway I recently got married to my husband a British national and have been wondering what the pros and cons are of sticking with employer as opposed to switching to Spouse visa. I would like to get my ILR as soon as possible so I did not want to switch to Spouse visa and start counting again. Also I believe if married to a Brit National, that means I can apply for a passport as soon as I get my ILR. Is that true or did I make that up.

Also, if I do switch to Spouse visa, can my time on Tier 2 General count towards ILR. I was previously on student visa for a year and then PSW for 2 years, i know those ones do not count


I look forward to your response.

Thank you

[CR001]

Hello All,

I have a question, more like needing advice. I am currently on an Employer sponsored visa , for a year and a month approximately. This visa is valid for slightly less than 2 years. I have only just realized that employer sponsored visas are usually 3 years then extended for 2 or so. I wonder why mine is 23 months. Wondering if that was a mistake or just based on the time given to the UKBA by my employer in the COS. I had zilch to do with the application, all I did was submit my passport and some documents and turned up for bio-metrics at my local post office.
Anyway I recently got married to my husband a British national and have been wondering what the pros and cons are of sticking with employer as opposed to switching to Spouse visa. I would like to get my ILR as soon as possible so I did not want to switch to Spouse visa and start counting again. Also I believe if married to a Brit National, that means I can apply for a passport as soon as I get my ILR. Is that true or did I make that up. If you switch to spouse visa, your ILR clock will reset and you will have to wait 5 years from when you spouse visa is granted (unless you reach 10 years residence first). The advantage of the spouse visa is that you can take up ANY employment you wish, you will not be restricted as you are now. You are correct in your statement that as soon as you obtain ILR, you can apply for British citizen by applying to naturalise and once you have received approval and attended the ceremony ONLY then can you apply for a British passport

Also, if I do switch to Spouse visa, can my time on Tier 2 General count towards ILR. I was previously on student visa for a year and then PSW for 2 years, i know those ones do not count No, it will only count if you reach 10 years residence before completing 5 years on a spouse visa. Student and PSW will count if applying for ILR through 10 years residence.


I look forward to your response.

Thank you

[IjMia]

Thank you very much CR001.

And just to clarify, do I have to travel back to my home country to apply for a spouse visa or it can be done in country. I was sure I saw on the gov.uk site that it was possible to switch in-country but speaking to a friend yesterday and she said a colleague is currently on employer visa because she didn't want to go back to China to apply for spouse visa

Muchos gracias

[CR001]

You can switch to FLR(M) in country and do it using either through PEO in person or by post.

Just make absolutely sure your spouse earns the requirement income level etc.