Anyone help? Switch from tier 5 to spouse visa

[maimai2911]

Hi guys,

I am from vietnam and i am currently in the uk under tier 5 government authorise exchange visa. My visa will run out on 14th of September this year and i am planning to get married with my fiancé then switching to spouse visa.

A bit of background about us: We met when we were studying at the same uni. We have known each others for 3 and a half year. I finished my study, found a job and moved to london. He then sold his house and moved in together with me. We have been in our new place for the past 4 months. Our wedding ceremony will be by the middle of august then after that i will apply for spouse visa. He is a data engineer with salary of 22.5k a year and i am an architectural intern with salary of 23k a year.
(Sorry for the lengthy background:p)

I have done some homework but There are a few things which i am not sure about and it would be great if you guys could help me :

Firstly is it possible for me to switch from tier 5 to spouse visa? I suppose it is "yes" because my tier 5 visa length is 1 year. However ,when i did tier 5 visa last year one condition is that i cannot continue to stay in uk after the end of my visa and i have to move home immediately?

2. If the answer for the above question is "yes", i will apply for spouse visa on september before my visa run out and it will take 8 weeks to get the result. Is it legal for me to continue working at the same firm while staying in the uk and waiting for my visa' result? Because the other condition in my tier 5 visa is that my company cannot continue employing me after my tier 5 visa runs out?

3. Could my salary be added into finance calculation ?i am working in the uk so i guess it could be added in to the calculation .However ,i am not sure if my job under tier 5 government authorise exchange could be defined as permanent job in order to be calculated in finance requirement. My boss is really happy with me and would love to write a letter to ukvi confirm that he will continuing my contract if i still stay in the uk.

4. Our wedding ceremony will only have two of us and two people, one is his brother and the other is my best friend. The reason behind is my sister is sick and she needs to go to Singapore for treatment at least once every month. Therefore she and my mom couldn't make it( take 3 weeks at least for her visitor visa and we just couldn't risk it- i could provide paper work to prove it) now it gets complicated because we don't want to have a ceremony with everyone except my mom and my sister. My fiance also think it is unfair for me to not have my family with me and only his side of family attend. His family cannot afford to go to vietnam for a vietnam wedding though. Therefore, we decided we will just have a really nice wedding of only "man and his wife" (haha)we will wait till my sister gets well again then we will organise some renew vows ceremony. Now i am not sure if they will think that our relationship is genuine due to the fact that there are only 4 people in it. Also because we don't know when will my sister would get better so we don't have a fixed date for the second ceremony. (Our family and friends know about this too)

i am afraid they will cling to this reason to refuse us. I love the man with all my heart and it would be heart broken if i cannot get my visa( even though i think we will still be fine tho, move somewhere else together maybe ?haha)

Apart from thAt, we could provide everything else including payslips, employment letter, tons of images together with friends and family, chat history, shared bills, tenancy agreement, joint account and all sort

Thank you guys for reading my long post :p

[vinny]

1. Yes, if your spouse is eligible and you satisfy the requirements of Appendix FM-SE, etc.

2. Yes, if you make a valid in-time application.

3. Yes, subject to Appendix FM-SE.

4. If your marriage satisfies the requirements, then it should be okay.

[Casa]

Bear in mind that a postal FLR(M) application may well take longer than 8 weeks to process. You could apply in person for the premium fee of £1049 and applications submitted at a PSO are generally decided on the same day.
In addition to the visa fee you will also have to pay the new NHS Surcharge of £500 before submitting your visa application
https://www.gov.uk/healthcare-immigrati ... n/overview

[kaytee86]

I was just successful this week in obtaining a spouse visa after switching from Tier 5 (Youth Mobility Scheme) - I'm Canadian, not sure if your Tier 5 is very similar. We only just got married 12 June in Vegas with very few people there. As we did our application in person (Liverpool) they didn't request any photos or know anything about our wedding aside from having a certified copy of our marriage certificate.

Keep in mind that if you plan to marry in the UK the Home Office just recently changed to rules in March 2015 - they may take up to 70 days to accept your intent to marry rather than the normal 28 days for any UK citizen. So you will want to start this process ASAP if you haven't already. As a foreign citizen, your intent to marry also has to be registered at select registry offices which can take awhile to get an appointment at - this is why we just decided to go with Vegas as we plan on having a larger celebration in a year or so!

[maimai2911]

Thank you Vinny ,Casa, and Kaytee88 for answering my questions.

My situation has changed to a more complicated turn. My now husband (yes we just got married last saturday! yay! ) has just got a job offer for a much better job and decided to change job. He will continue working for his current company until the end of September because he has to give them one month notice. His new job will start immediately after so no gap in employment. His new job offer 30k a year so it satisfies the finance requirement . my tier 5 visa will run out on 14th of september (before he move to his new workplace). Therefore, i am thinking of still applying to switch under finance calculation category A with his current employment( assuming what happens at the time i hand in the application is what they count for?). I will write a cover letter explaining the situation, his current employment letter, contract and 6 months pay slips, along with his new employment letter and contract. I also state as soon as we get his first month pay slip we will send them it. I wonder if it is enough to cover this situation?

or should i opt to category B 12 months calculation instead?

I have been working with my current employment for 12 months with the first 8 months of 20k/year and the past 4 months of 23k/year

He has been working with his current employment for 6 months with salary of 22.5k/year. With his previous employment he made 15k/year

Is that mean if we go for category B, only my income satisfies the requirement? Therefore it is better to stick with category A calculation instead?

@Kaytee88: Thank you for your advice. I am under tier 5 government authorised exchange so i am a little bit different from you. We actually got married in the UK and have been warned about the 70 days rule . A week after handing in our marriage notice, we each got a letter from the home office states that they wont investigate our case. However, they says they may carry investigation when we apply for spouse visa later. I hope this may help other people.

Many thanks

[maimai2911]

Is that mean if we go for category B, only my income satisfies the requirement? Therefore it is better to stick with category A calculation instead?

.

Many thanks

Sorry guys for my silly question. I forgot my case will be a combination of my salary and my husband salary. So if i go for category B It will be 23k+22.5k =45.5k for part 1? And part 2 calculation would be:
Mine for 12 months : [(20:12)x8]+[(23:12)x4] =20.9
His for 12 months :[(15:12)x6]+[(22.5:12)x6] =18.75
=> our combine income is 39.65

Again i am not sure which way to calculate is better? I am trying to make things as simple as possible for UKVI case workers

[maimai2911]

Hi Guys,

I wonder has anyone ever in the same situation with me? my current visa runs out on 14th of September so i have to apply before that date. My husband has been working for his current company for 6 months and he will changes his job from 1st of October. Both his old and new job satisfies financial requirements. We will be able to provide contract and employment letter from his new job but we couldn't get his first pay slip until the end of October.

Is it ok for him to change job while my application is in progress as long as we have inform the home office about it? we will also send the payslip as soon as we have it to them?

Should I apply for category A or category B in this situation? For category A it is pretty straight forward:

I made 20k per annum and he made 22.5k-> 42.5k

For category B, i am confused???? (

i made 20k per annum for 7 months and 23k per annum for 5 months
He made 15.5k per annum for 6 months and 22.5k for 6 months

So how should i calculate this?

Thank you guys for reading my post

[t2016]

Hello maimai2911 '

It seems a bit lated post but I have lots of questions. Did you get your FLR-M Visa ?
Hope you back soon x

[CR001]

Hello maimai2911 '

It seems a bit lated post but I have lots of questions. Did you get your FLR-M Visa ?
Hope you back soon x

User maimai2911 hasn't logged into the forum for more than 8 months.

Application was successful though, see link below.

http://www.immigrationboards.com/immigr ... l#p1267323

Can I suggest that if you have a question, to please start your own topic rather than digging up old threads.