Marriage visa to working visa

[teeaitchbee]

I'm am seriously thinking about marrying my South African girlfriend as her visa expires in just over 6 months and she really really doesn't want to go home. I am having serious doubts about it but I'm willing to go ahead with it on the understanding that we then look to change her marriage visa to a working visa.

I would dearly love someone to tell me how straightforward this is (she's not on one of the wanted careers but is a marketing graduate so should be able to find full time work without too much difficulty) - as if it is i may do it, if not then i won't as i don't want to have to commit to 2 1/2 years of marriage just so she can get a visa.

Any help will be massively appreciated,

Thanks,

Toby

[John]

i won't as i don't want to have to commit to 2 1/2 years of marriage just so she can get a visa

If you don't mind me saying, that wording of yours is very strange. Are you actually meaning that it is already planned to end the marriage in 2.5 years? If so that sounds like a "marriage of convenience" to me, or something very close to that.

If I have totally misinterpreted what you wrote, apologies, but then you might like to explain.

Also .... "change her marriage visa to a working visa"? She has a marriage visa .... a spouse visa ... already? Please explain. Has her marriage broken up? If so, has the Decree Absolute been issued?

[Smit]

Toby,

From reading your post, it appears that you are not very sure about this girl, if you loved her wholeheartedly, you would not be bothered about her visa status.

It also appears that you could be contemplating entering into a marriage of convenience just for the sake of your girlfriend getting rights to continously living in the UK. I would strongly advise against you doing this unless you are sure she is the person you want to spend the rest of your life with (the sanctity of marriage).

Going through divorce is a painful and unpleasant process and could also prove costly (I know as a friend of mine is going through this).

You guys should explore her work permit options now instead of going down the marriage route. Plus, you may know that the marriage rules have now changed and you have to give notice of intention to get married, obtain a COA etc.

Smit

[Chess]

If you love her - then marry her. Life is too short to start worrying about what would happen in the future....

[teeaitchbee]

thanks guys - to offer some clarification - she is unmarried at the moment and i am considering marrying her to provide her with a visa. i do love her but if the situation was different then i would not be considering marriage - not yet anyway - it's difficult to say what the future would hold for us - if i don't marry her then there is no way of us finding out.

i was under the impression that marrying me would be the only way for her to stay - her visa runs out in 6 and a bit months and she doesn't want to take a student visa - and i thought they were the only two options available to her.

[Kayalami]

1. What visa does your g/f hold.

2. How long have you been in a relationship?

3. Can 2 be documented?

4. What are her educational qualifications?

5. Where (country) did she obtain 4?

6. What is her line and industry of work?

7. How much experience does she have in 6?

8. How much has she earned from 7 - ball park figure will do?

[teeaitchbee]

Thanks Kayalami - in answer to your questions...

1. she's here on a two year working visa
2. We've been together for a little under 10 months and living together for four of those
3. Yes it can - she's kept all of our emails from when we first started dating
4. She has an hons degree in marketing and business administration from
5. durban university in SA
6. it should be marketing but she's been doing clerical work for the 15 months she's been here
7. aprt from the above then mostly admin work and some financial work in SA
8. Not a massive amount - less than £20k pa

If there's anything else then please let me know,

Thanks again,

Toby

[Kayalami]

Regrettably info provided indicates she won't qualify for HSMP and short term nature of your relationship rules out an application in the unmarried partner category. I expect the board now appreciates your understandable concern on marriage of course with due respect to love at 1st sight and all that.

Only viable option (outside marriage) is to obtain a Work Permit. An employer would have to sponsor her - given that her field of work is not in a shortage occupation such will require advertising. Has she identified suitable roles in the job market?

[Smit]

Toby,

You may be having a third option, getting a working holidaymaker visa if your girlfriend is a commonwealth citizen under 30 years of age. But she will need to make an application outside the UK for this. At least this way (if viable and applicable), you guys get 2 more years to think about marriage.

S

[Smit]

I have just realised that your girlfriend seems to be already on a working holidaymaker visa (you call is working visa). Am I correct?

[teeaitchbee]

Thanks Smit - yes you are correct - she's already on a working holiday visa - of which she has 6 months left to run. I have asked her about either renewing it - or to look for full term work and thereby getting a sponsor for a work permit - but she has indicated that she can't renew it - and as she has just 6 months left she won't be able to get full time permanent work. We've spoken to recruitment consultants and they have said she has no chance of permanent work given the cutoff.

I fear i either marry her or lose her. neither of which appeals - which is why i was asking about transfering from a marriage visa to a working visa. the hope was that on a marriage visa she can get full time work - and then transfer to a working visa once that has been secured.

[Kayalami]

Does your g/f have a grandparent born in the UK? If yes then she may qualify for an ancestry visa. Likewise does she have a grandparent born in any other EU country? I am aware that many South African's have Dutch/German ancestry. It may be that she is eligible for said nationalities with corresponding work and residence rights in the UK. I presume though none hold true else she would have done this by now.

The only other option would be for her to obtain a student visa. She needs to enrol on a degree level course to switch status in the UK. The educational institution must be from an approved by the Home Office list. This gives you more time to get to know each other and builds your timeline for eligibility in the unmarried partners category which requires a minimum 2 years relationship. Technically a student is restricted to 20 hours a week employment over term time but unlimited hours during breaks. There may be also opportunities for working in industry as part of the selected course.

Don't give up on the WP side of things. She needs to approach employers directly rather than recruitment consultants. She should broaden her horizon though not necessarily just strictly her line of marketing/ a single industry. This won't be easy since the market is very competitive.

A spouse visa allows one to work without needing a WP. After 2 years on a spouse visa she may apply for Indefinite Leave To Remain aka permanent residence. A switch to WP visa during this time spouse visa is thus meaningless. In any case she would face the same challenges as now a competitive market (more so given Romania and Bulgaria join the EU in 2007), reluctant recruiters due to the hassle of WP's, hefty fees etc.

Sorry that may be news you don't want to hear.