Waiting for biometrics appointment - does spouse have to leave UK?

[usernameg]

I am a naturalised British Citizen and plan on marrying my partner this summer. She has been a resident in the UK on a Tier 2 ICT Visa. There is a range of varying advice online and I will be grateful if someone can help me with a few questions:

1) After our marriage, is Family Visa possible for her to switch to from an ICT Visa and can we make this application from within the UK? Does it matter that I am a naturalised citizen and not by birth? Are there any other dependent visas she can switch to?

2) Am I correct in understanding that she will be eligible for her ILR after 5 years on a Family Visa and her time in the UK on a Tier 2 ICT visa does not count towards the duration eligibility?

Is there any other rule that we need to be aware of? Thanks in advance.

[CR001]

1) After our marriage, is Family Visa possible for her to switch to from an ICT Visa and can we make this application from within the UK? Does it matter that I am a naturalised citizen and not by birth? Are there any other dependent visas she can switch to?

Yes, No, No. FLR(M) spouse visa is the only visa.

2) Am I correct in understanding that she will be eligible for her ILR after 5 years on a Family Visa and her time in the UK on a Tier 2 ICT visa does not count towards the duration eligibility?

Correct yes, for ILR based on 5 years residence. ILR based on 10 years long residence, all visas count.

Is there any other rule that we need to be aware of?

Meeting the English and Financial requirements are mandatory.

[usernameg]

Thank you so much! I appreciate it.

[usernameg]

Hi,

I am a British Citizen and we submitted my wife's Family Visa (Spouse) application this morning.

As expected, there are no biometric appointments available on UKVCAS website. Our documents are all ready and have been uploaded on the system - we have not yet submitted them as not sure if we should wait until we get a biometric appointment slot. Does anyone know the merits of submitting our documents early - does submission means that UKVI will receive our documents and start our case and we are more likely then to be invited for a biometric slot? Or is there practically no difference for the UKVI if our documents are uploaded or submitted until the biometric process is done.

[CULLINAN]

If your documents are complete, the best approach would be to submit via the UKVCAS portal.
Next steps will be communicated to you via email; if you will be chosen to attend biometrics OR selected for reusing your previous biometrics.
Either way, what will you loose in uploading and submitting your documents on the UKVCAS portal? It can only be beneficial.

PS you only get to submit ONCE. Make sure all your documents are complete before you choose to submit. You can add more documents at biometrics appointment or via IDV app (depending on your circumstance) later on.

PS follow UKVCAS flash message for updates.

https://www.ukvcas.co.uk/flash-message- ... geId=74833

[usernameg]

Hi - my wife is currently on a Tier 2 ICT Visa that expires in September. We have submitted an application to the Home Office to switch her visa to a Family (Spouse) Visa but given the current delays, unable to book a day for her to submit her biometrics.

In the now realistic scenario, if we are unable to find a biometric submission appointment before her current Tier 2 ICT ends, does she have to leave the UK or can she stay until we have heard back from the Home Office. If she can stay, what rights (work etc.) does she have after the expiry of her ICT?

Thanks

[CR001]

Topics Merged!!

In the now realistic scenario, if we are unable to find a biometric submission appointment before her current Tier 2 ICT ends, does she have to leave the UK

No.

or can she stay until we have heard back from the Home Office. If she can stay, what rights (work etc.) does she have after the expiry of her ICT?

The same conditions of her Tier 2 ICT continue under Section 3C of the Immigration rules while an application is pending with HO.

https://www.gov.uk/government/publicati ... d-3d-leave