Switch from Tier 2 to Dependant/Spouse visa

[linhlinh]

Both me and my fiance are in the UK under Tier 2 (general). We have decided to get married and my partner can switch to Tier 2 dependant visa as his visa is expiring soon and yet to find a new sponsor. I wanted to ask if he can remain in the UK and switch to this visa category without having to go back to our country and apply from there.

Secondly, I wanted to ask if the Home Office would accept the marriage certificate issued by our Embassy in the UK as a legitimate evidence of marriage, or we would have to register for marriage at our local council and attend the ceremony at a register office? I am asking this because on our embassy's official website it says the UK law of marriage does not recognise two foreigners registering for marriage at foreign embassies in the UK. I am not sure if we are bound by the UK law of marriage in this case for immigration purposes.

Appreciate your help!

[linhlinh]

Hi all,

My partner currently holds Tier 2 visa and has recently been qualified to apply for ILR. I currently hold Tier 2 visa which expires soon. I would like to ask what would the best option for me in this case.

1. Applying to switch to Tier 2 dependant visa. If this is the case, do I have to switch to spouse visa when my partner is granted ILR? And whether the 5-year period for me to be entitled to settlement will start when I am granted leave under as a Tier 2 dependant?

2. Waiting until after my partner has got his ILR and apply as a spouse. I know this option may sound risky given my current visa is expiring soon but we can hopefully hear back from the HO soon if applying with Priority service? That can hopefully save time and money switching from Dependant visa to Spouse visa later if that's something I need to do.

• Another question - Can I and my partner both apply to switch to a new visa category at the same time or should only do one at a time?
  
  Appreciate all your help.
  
  Many thanks in advance!

[CR001]

1. Applying to switch to Tier 2 dependant visa. If this is the case, do I have to switch to spouse visa when my partner is granted ILR? And whether the 5-year period for me to be entitled to settlement will start when I am granted leave under as a Tier 2 dependant?

They can only apply to switch to tier 2 dependent BEFORE you apply for ILR and must be granted their visa BEFORE you apply for and get ILR. NO need to change visas after you get ILR provided you are applying for ILR based on 5 years Tier 2 and NOT based on 10 years long residence. You haven't stated what route to ILR you are applying for. The rules for dependents differ depending your your ILR route.

2. Waiting until after my partner has got his ILR and apply as a spouse. I know this option may sound risky given my current visa is expiring soon but we can hopefully hear back from the HO soon if applying with Priority service? That can hopefully save time and money switching from Dependant visa to Spouse visa later if that's something I need to do.

If you apply for a tier 2 dependent visa, they will only get a visa with the same expiry date as your current visa. Applying as a spouse on FLR(M) after you get ILR has more requirements to be met than tier 2 dependent, which only has the 90 days maintenance fund requirement.

Another question - Can I and my partner both apply to switch to a new visa category at the same time or should only do one at a time?

See my first response above.

[AmazonianX]

Hi all,

My partner currently holds Tier 2 visa and has recently been qualified to apply for ILR. I currently hold Tier 2 visa which expires soon. I would like to ask what would the best option for me in this case.

1. Applying to switch to Tier 2 dependant visa. If this is the case, do I have to switch to spouse visa when my partner is granted ILR? And whether the 5-year period for me to be entitled to settlement will start when I am granted leave under as a Tier 2 dependant?

2. Waiting until after my partner has got his ILR and apply as a spouse. I know this option may sound risky given my current visa is expiring soon but we can hopefully hear back from the HO soon if applying with Priority service? There is no priority service at the moment. That can hopefully save time and money switching from Dependant visa to Spouse visa later if that's something I need to do.

• Another question - Can I and my partner both apply to switch to a new visa category at the same time or should only do one at a time?
  
  Appreciate all your help.
  
  Many thanks in advance!

[linhlinh]

Thank you so much for all of your replies. They were really helpful.

It seems that applying as a Tier 2 dependant is a better option in my case for now. Just to clarify, my partner's Tier 2 visa will expire in September 2021 and he will be applying for ILR based on 5 years Tier 2 preferably this year (after I have been granted a dependant visa). The expiry date on my dependant visa will then also be September 2021. Does that mean I would need another 2 extensions (2.5yrs each time) as a PBS dependant in order to cover the period of 5 years required for settlement visa? Even though at the time my partner will have already become a British citizen.

Many thanks in advance!

[CR001]

Does that mean I would need another 2 extensions (2.5yrs each time) as a PBS dependant in order to cover the period of 5 years required for settlement visa?

You would need 2 extensions a PBS Dependent. Each extension is for 3 years.

Even though at the time my partner will have already become a British citizen.

If you are a PBS Dependent visa holder at the time your partner applies for ILR, you can continue as a PBS Dependent until you qualify for ILR, regardless of if your partner becomes British or not. The rules allow this, provided your partner is applying for ILR based on 5 years tier 2 and not ILR based on 10 years long residence.

https://www.immigrationboards.com/immig ... 14832.html