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HSMP work Visa to Spouse Visa

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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johnsyk
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Posts: 16
Joined: Thu Sep 06, 2007 8:25 am

HSMP work Visa to Spouse Visa

Post by johnsyk » Wed Dec 26, 2007 11:01 am

Im currently in the UK on a HSMP work Visa and working for a multinational company. I plan to get married to my fiancee who is a british citizen by birth. I have a few doubts and would be greatful if anyone could kindly clarify these points:-

1 - My work visa is a 2 year permit which runs out in nov 2009. We plan to get married 3 months before that so that I dont need to renew my HSMP and automatically move to a spouse visa. Is it as simple as that?

2 - Once im in a spouse visa, do i need to complete 2 years in that Visa for an ILR or will the time spent on my work visa count for my ILR. That means..since I have spent almost 2 years lawfully on a HSMP work visa, do that count towards my ILR and Naturalisation...or will i need to wait an additional 2 more years in spouse visa for ILR?

3 - Are there chances of the home office refusing permission to marry?
4 - Do i need to leave the country and apply for a spouse visa or would i be able to change my visa without leaving england?

Thanks in advance.

j

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

HSMP work Visa to Spouse Visa

Post by vinny » Thu Dec 27, 2007 3:28 am

1. You have to satisfy paragraph 285 of the Immigration Rules. See also Chapter 8 - Family members, Section 1 - Spouses and Chapter 8 - Family members annexes, Annex F - Family members - Maintenance and accommodation

2. Time spent on HSMP will not count towards SET(M) applications. You would need an additional two years after the granting of FLR(M) before you may apply for SET(M). Don't forget to read the requirements of SET(M) as soon as possible. However, time legally spent in the UK, including when on HSMP, during the qualifying period for naturalisation, may be counted.

3. See also Certificates of Approval.

4. Immediately after marriage and before your HSMP expires, you may apply for FLR(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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johnsyk
Newly Registered
Posts: 16
Joined: Thu Sep 06, 2007 8:25 am

Post by johnsyk » Thu Dec 27, 2007 7:32 am

thanks a ton!!

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