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Tier 1 Post-Work to Marriage Visa?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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coco__nutty
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Posts: 75
Joined: Fri Mar 18, 2011 1:49 pm
Russia

Tier 1 Post-Work to Marriage Visa?

Post by coco__nutty » Mon Feb 13, 2012 1:27 pm

Hope someone can help me or at least point in the right direction...

My boyfriend (British) of 7 years (!, I know ) and I (Russian) are finally ready to take the plunge and make things official= get married.
I am currently in the UK, working on the Tier 1 visa, which doesnt expire for more than a year yet (we are getting married before it expires).

How do I go about switching over? Do I need to do the fiancee visa trick or can I just get married on the current visa?
I've been in the UK since September 2003 so coming close to 9 years, not sure if that makes any difference...



Thanks in advance, really looking forward to hearing some wisdom!

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Casa
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United Kingdom

Post by Casa » Tue Feb 14, 2012 12:22 pm

You can marry without applying from permission from the Home Office and it's irrelevant what visa you have.
After the wedding, apply for a 2 year spouse visa extension on form FLR(M).
You may want to bear in mind that if the Governments new proposals are introduced in April, the 2 years qualifying period for ILR may be increased to 5. You'll need to comply with the A1 English test before submitting the application. Read through the guidance notes on the FLR(M) form.
Once you've been granted ILR you will be able to apply for BC straight away as you'll have completed 3 years legal stay in the UK and your husband will be British.

Jambo
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Post by Jambo » Tue Feb 14, 2012 12:37 pm

It might be quicker for you to get ILR if you stay with a tier-1 visa and apply for ILR under the 10 years (legal stay) rule but that depends on what basis was your stay since 2003.

You don't need to switch to spouse visa. You can stay on a valid Tier-1 visa if you wish.

coco__nutty
Junior Member
Posts: 75
Joined: Fri Mar 18, 2011 1:49 pm
Russia

Post by coco__nutty » Wed Feb 15, 2012 8:35 am

Jambo wrote:It might be quicker for you to get ILR if you stay with a tier-1 visa and apply for ILR under the 10 years (legal stay) rule but that depends on what basis was your stay since 2003.

You don't need to switch to spouse visa. You can stay on a valid Tier-1 visa if you wish.
Unfortunately, I came over here in September 2003 (to study so have been here on a Student visa until getting my Tier 1 last year), my Tier 1 expires in April, which is JUST months short of the 10 year period I am required to have... Besides, I didn't think your student years qualified towards 10 years period?..

The FLR being extended to 5 years as opposed to 2 isn't IDEAL, but as my marriage is genuine, it's only few more years of inconvenience when travelling abroad etc, that I can deal with :) ...

At the moment, I am just trying to work out best/quickest ways of gather any required paperwork. We are only planning to get married in March next year, so a while to go, but I don't want to find sticking points at last minute and have to travel around too much just for one piece of paperwork... (Russian government bodies/authorities aren't most efficient in these things)

I've been 'warned' that there are mountains of proofs and confirmations required from your home country? Is this true?...

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Feb 15, 2012 9:43 am

coco__nutty wrote:Unfortunately, I came over here in September 2003 (to study so have been here on a Student visa until getting my Tier 1 last year), my Tier 1 expires in April, which is JUST months short of the 10 year period I am required to have... Besides, I didn't think your student years qualified towards 10 years period?..
Student visa does count for 10 years stay. If you would qualify for a tier-1 extension, you could go for that and the ILR based on 10 years.

Not familiar with the spouse visa so can't comment on what is needed.

Greenie
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United Kingdom

Post by Greenie » Wed Feb 15, 2012 9:47 am

coco_nutty am I right in thinking you have leave as a Tier 1 PSW migrant (which cannot be extended)

coco__nutty
Junior Member
Posts: 75
Joined: Fri Mar 18, 2011 1:49 pm
Russia

Post by coco__nutty » Thu Feb 16, 2012 10:34 am

Jambo wrote:
coco__nutty wrote:Unfortunately, I came over here in September 2003 (to study so have been here on a Student visa until getting my Tier 1 last year), my Tier 1 expires in April, which is JUST months short of the 10 year period I am required to have... Besides, I didn't think your student years qualified towards 10 years period?..
Student visa does count for 10 years stay. If you would qualify for a tier-1 extension, you could go for that and the ILR based on 10 years.
Unfortunately, I'll still be few months short of 10 years so won't qualify anyways...
But thanks!

coco__nutty
Junior Member
Posts: 75
Joined: Fri Mar 18, 2011 1:49 pm
Russia

Post by coco__nutty » Thu Feb 16, 2012 10:36 am

Greenie wrote:coco_nutty am I right in thinking you have leave as a Tier 1 PSW migrant (which cannot be extended)
Yes, that's right and I am aware that it cannot be extended past 2 years it's been granted for. That's fine... like I said, bypassing FLR would've been amazing, but I don't qualify anyways, as I'll have been here for 9 years and 8 months by the time my PSW expires... so I'll just have to 'make do' with FLR and then convert to ILR/PLR whenever that may be...

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