Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?

[ter345]

Question about eligibility for spouse visa (first time applying). I've been living in the UK for 6 years legally and continuously (first on student visa and then work visa), and I've just read that I am not eligible to apply for spouse visa (FLR(M)) because my current work visa (Tier 2) is less than six months. Here is what the guidance says: "the applicant must not be in the UK with valid leave granted for a period of 6 months or less". Honestly both myself and my partner are devastated. Even though the eligibility rule is pretty clear, would it be possible to interpret it in a way that the applicant's first entry to the UK was 6 years ago, he has lived here continuously for 6 years, and therefore it shouldn't matter how their current visa is long for? I am just trying to be hopeful, but honestly feel very sad at the moment. I'll call the Home Office tomorrow to ask them as well. I really appreciate if anyone was in the same situation or other form of suggestions.

We are relying on my income as my partner doesn't work, so I cannot leave and apply from outside as she won't be meeting MIR by herself.

[seagul]

If you mean that your tier 2 visa has less than 6 months of expiry then this rules wont apply to you rather you can marry and switch in to it before your visa expiry. That rule only applies where someone has a visitor visa/any other short term visa less than 6 months.

[ter345]

Hi. Thanks for the reply. Sorry I should have been clearer - my current visa (Tier 2) is only for 4 months (from Sept 2019 to Jan 2020). It was an extension to my current contract. My previous Tier 2 visa for 1.5 years.

[seagul]

Hi. Thanks for the reply. Sorry I should have been clearer - my current visa (Tier 2) is only for 4 months (from Sept 2019 to Jan 2020). It was an extension to my current contract. My previous Tier 2 visa for 1.5 years.

Than previous advise might not work.

When you cannot get a family visa

In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa

You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:
•you have permission to be in the UK as a visitor
•your visa is for 6 months or less

However, you might be able to switch to a family visa in the UK if you have either:
•a 6-month family visa as a fiancé, fiancée or proposed civil partner
•permission to stay in the UK for the outcome of a family court case or divorce

[CR001]

The piece you are quoting refers to a visa issued for 6 months or less, ie a short term visa, as it clearly states and not a longer term visa with less than 6 months validity.

[CR001]

Hi. Thanks for the reply. Sorry I should have been clearer - my current visa (Tier 2) is only for 4 months (from Sept 2019 to Jan 2020). It was an extension to my current contract. My previous Tier 2 visa for 1.5 years.

Than previous advise might not work.

When you cannot get a family visa

In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa

You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:
•you have permission to be in the UK as a visitor
•your visa is for 6 months or less

However, you might be able to switch to a family visa in the UK if you have either:
•a 6-month family visa as a fiancé, fiancée or proposed civil partner
•permission to stay in the UK for the outcome of a family court case or divorce

Please post the link to information so it can be read in context.

[ter345]

Hi both, many thanks for the replies.

@seagul - I don't think the quote applies to me as my partner is British citizen, and I plan to apply for spouse visa (FLR(M)). Or did I misunderstand you?

@CR001 - many thanks for the reply. In my case, my current Tier 2 visa with 4 months of validity is not considered a short term visa because Tier 2 visas are usually long term? Or am I misinterpret what you wrote? Sorry, I am trying to be hopeful.

[CR001]

Presumably you have been on tier 2 for longer as you state you have lived in the UK for some time?

If you only got a 4 month extension, have you reached the 6 year limit for tier 2?

If yes to the above, why have you not applied for ILR?

[ter345]

Presumably you have been on tier 2 for longer as you state you have lived in the UK for some time?

That's correct. I had Tier 4 visa first. Then found a job, which gave me Tier 2 visa for 1.5 years, which was extended last month for another 4 months, which is my current Tier 2 visa. Unfortunately it is very unlikely that they will extend the contract again.

I really appreciate your help!

[CR001]

Can't you find another sponsor?

How long have you and your partner been together?

[ter345]

Can't you find another sponsor?

How long have you and your partner been together?

Hi. Been married for 3 months now. I'm applying for jobs like crazy and will also ask my current employer for another extension. But wanted to make sure I exhaust all possible options. Very upsetting

[seagul]

Presumably you have been on tier 2 for longer as you state you have lived in the UK for some time?

That's correct. I had Tier 4 visa first. Then found a job, which gave me Tier 2 visa for 1.5 years, which was extended last month for another 4 months, which is my current Tier 2 visa. Unfortunately it is very unlikely that they will extend the contract again.

I really appreciate your help!

You stated first that you are continuously living from 6 years initially on student visa then got extension for 1.5 years and then again for 4 months. So are you really sure you have reached to the maximum limit of 6 years on tier 2. If your present extension of 4 months is not due to tier 2 cap of 6 years then previously given advice will stand correct otherwise maybe other member's advise might be correct. Despite all since you giving information bits as you indicated to have been already married so you can also apply flrfp if above doesnot work.

[ter345]

Presumably you have been on tier 2 for longer as you state you have lived in the UK for some time?

That's correct. I had Tier 4 visa first. Then found a job, which gave me Tier 2 visa for 1.5 years, which was extended last month for another 4 months, which is my current Tier 2 visa. Unfortunately it is very unlikely that they will extend the contract again.

I really appreciate your help!

You stated first that you are continuously living from 6 years initially on student visa then got extension for 1.5 years and then again for 4 months. So are you really sure you have reached to the maximum limit of 6 years on tier 2. If your present extension of 4 months is not due to tier 2 cap of 6 years then previously given advice will stand correct otherwise maybe other member's advise might be correct. Despite all since you giving information bits as you indicated to have been already married so you can also apply flrfp if above doesnot work.

Hi, thanks for the replies and apologies for any ambiguity. I was on tier 4 for 4.5 years, and then on tier 2 for 1.5 years, and now again on tier 2, which is from Sept 2019 to Jan 2020.

[seagul]

Presumably you have been on tier 2 for longer as you state you have lived in the UK for some time?

That's correct. I had Tier 4 visa first. Then found a job, which gave me Tier 2 visa for 1.5 years, which was extended last month for another 4 months, which is my current Tier 2 visa. Unfortunately it is very unlikely that they will extend the contract again.

I really appreciate your help!

You stated first that you are continuously living from 6 years initially on student visa then got extension for 1.5 years and then again for 4 months. So are you really sure you have reached to the maximum limit of 6 years on tier 2. If your present extension of 4 months is not due to tier 2 cap of 6 years then previously given advice will stand correct otherwise maybe other member's advise might be correct. Despite all since you giving information bits as you indicated to have been already married so you can also apply flrfp if above doesnot work.

Hi, thanks for the replies and apologies for any ambiguity. I was on tier 4 for 4.5 years, and then on tier 2 for 1.5 years, and now again on tier 2, which is from Sept 2019 to Jan 2020.

Above given advise will stand correct. If your sponsor is British/ILR holder than you may apply flrfp.

When you cannot get a family visa

In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa

You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

https://www.gov.uk/uk-family-visa

@CR001 I am fully aware (see my very first reply) what you are saying and thanks for refreshing my knowledge about it.

[CR001]

Why did you not switch to flr m instead of a tier 2 extension?

[ter345]

That's correct. I had Tier 4 visa first. Then found a job, which gave me Tier 2 visa for 1.5 years, which was extended last month for another 4 months, which is my current Tier 2 visa. Unfortunately it is very unlikely that they will extend the contract again.

I really appreciate your help!

You stated first that you are continuously living from 6 years initially on student visa then got extension for 1.5 years and then again for 4 months. So are you really sure you have reached to the maximum limit of 6 years on tier 2. If your present extension of 4 months is not due to tier 2 cap of 6 years then previously given advice will stand correct otherwise maybe other member's advise might be correct. Despite all since you giving information bits as you indicated to have been already married so you can also apply flrfp if above doesnot work.

Hi, thanks for the replies and apologies for any ambiguity. I was on tier 4 for 4.5 years, and then on tier 2 for 1.5 years, and now again on tier 2, which is from Sept 2019 to Jan 2020.

Above given advise will stand correct. If your sponsor is British/ILR holder than you may apply flrfp.

I have searched further guidance on FLR (FP) and found that I can also not apply for that because I am not considered eligible - see: https://assets.publishing.service.gov.u ... .0-ext.pdf (page 26)

Or am I missing something?

[ter345]

Why did you not switch to flr m instead of a tier 2 extension?

Neither me or my partner knew about this 6 months rule - which was a huge stupidity on our part!

[seagul]

You stated first that you are continuously living from 6 years initially on student visa then got extension for 1.5 years and then again for 4 months. So are you really sure you have reached to the maximum limit of 6 years on tier 2. If your present extension of 4 months is not due to tier 2 cap of 6 years then previously given advice will stand correct otherwise maybe other member's advise might be correct. Despite all since you giving information bits as you indicated to have been already married so you can also apply flrfp if above doesnot work.

Hi, thanks for the replies and apologies for any ambiguity. I was on tier 4 for 4.5 years, and then on tier 2 for 1.5 years, and now again on tier 2, which is from Sept 2019 to Jan 2020.

Above given advise will stand correct. If your sponsor is British/ILR holder than you may apply flrfp.

I have searched further guidance on FLR (FP) and found that I can also not apply for that because I am not considered eligible - see: https://assets.publishing.service.gov.u ... .0-ext.pdf (page 26)

Or am I missing something?

Usually flrfp can be granted to those who are the partner/parent of British person/child and cannot meet the english language requirement/they or their uk sponsor cannot meet the income requirement/they either dont have correct visa/have overstayed their visa. But it is one of the most time consuming, stressful and costly type of application with no guarantee of success and usually applying spouse visa from backhome is more cheaper and quicker. There are plenty of threads about it, search yourself.