Tier 2 ICT to Spouse Visa

[kkhanna1989]

Hi There,

Thanks in advance for taking your time out for this post.
I came to UK on Tier 2 ICT short term visa for 6 months in September 2015 and then it got extended for 2 more months now my Visa will expire by end of April (nearly 1.5 months from now).
I have a girlfriend (UK Citizen) whom I wish to marry but I am unsure on what conditions I can stay in UK after marrying her. if we get married before April:
1. Can I continue to stay in UK or I would have to go back to my home country?
2. If I can stay then on which Visa category I will be on?
3. Will I be able to work?
4. How much time whole process will take? and what if it takes longer than April?
5. I read if in case we got divorced(no intentions of doing that) within 5 years I would have to go back to my home country? is it true?

[Casa]

Before any other points are considered, you should be aware that as a foreign national you will have to give notice to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both if they choose to do so, before the wedding can take place.
It appears that you may have left it too late. You certainly won't have time to marry before April even if the 28 day period isn't extended.

1. Yes
2. FLR(M)
3. Yes
4. Postal application up to 3 months. In-person application for a premium fee, generally a same day decision.
5. If divorced before ILR (5 year route), possibly.

[CR001]

1. You can apply to switching within the UK if you have been given permission to marry and have a valid visa.

2. Spouse settlement visa - form FLR(M) - first visa will be for 2.5 years after which you will have to apply for an extension for another 2.5 years. You need to meet the £18,600pa financial requirement and English A1 and you will have to pay the £500 immigration health surcharge.

3. Yes

4. If your current visa expires or is close to expiry, you will have to leave the UK and apply from your home country on VAF4A and your spouse will have to meet the financial requirement of £18,600pa to sponsor you.

5. Yes, your status is linked directly to being in a subsisting marriage with your spouse/sponsor. If you are not, you can't extend your visa after the initial 2.5 year visa or apply for ILR after 5 years residence. For the extension and ILR, you have to submit evidence of cohabitation and subsisting marriage.

Before you can even get married, you have to give 28 days notice at one of the designated Registry office. The Registry office is obliged to inform HO when a non EU migrant wishes to get married and this notice period can be extended to 70 days for HO to investigate and interview you and your future spouse to determine if it is a genuine relationship or not before you will be granted permission to marry.

I suspect that you will therefore not have valid leave to remain if the time is extended to 70 days.

Edit : # Casa

[kkhanna1989]

Thanks so much for quick response. It really helped.

1. Regarding the visa expiry date, there are chances my current Visa may get extended till August.
if it does then I think I will be ok to proceed, right?

2. There is a cooling off period of 12 months for ICT short term visa, is it waived when you apply for Spouse visa?

3. and regarding 5 Year route, is there a shorter route also available? I read about 2 year route but unsure if I am eligible for that.

4. suppose one is taking 5 year route, after 2.5 years he got extension for another 2.5 years and after getting further extension withing 2 months they got divorced so one can stay till he completes his 2.5 years or he has to leave immediately.

[CR001]

1. Yes

2. Cooling off period DOES NOT apply to spouse settlement visas

3. No, there is no shorter route. It used be 2 years on a spouse visa and then ILR, but the rules changed in July 2012. All visas now require a minimum of 5 years residence.

4. No, you cannot stay on a spouse visa if you are divorced from the spouse who sponsored you. Your ex spouse has an obligation to inform HO. If you are divorced, you won't be able to apply for ILR either.

[kkhanna1989]

thank you!

[Casa]

It doesn't bode well for a genuine marriage if you're overly concerned about the time-scale for a divorce and retaining legal residence. Hopefully you'll be more positive if/when you both attend a HO interview before you are permitted to marry.

[CR001]

It doesn't bode well for a genuine marriage if you're overly concerned about the time-scale for a divorce and retaining legal residence. Hopefully you'll be more positive if/when you both attend a HO interview before you are permitted to marry.

+1 - thought the same casa, not a good mindset to have when not even married (hope it is genuine )

[kkhanna1989]

it is genuine, just that I have habit to prepare or atleast know about all the possible scenarios.

[Casa]

it is genuine, just that I have habit to prepare or atleast know about all the possible scenarios.

You'll have to convince the HO of that. Be aware that if you are interviewed this will be separately, with up to 500 questions and the answers will be expected to match.