From Tier 2 => Spouse Visa + 18,600 question

[szavelin]

1. When I marry my gf who is EEU British resident is it ok to continue to work on my Tier 2 visa or do I have to re-apply as a spouse? I would like to remain on my Tier 2 until it expires and then make decision to switch or not.

2. If 'yes' to question 1 does the time spent in the UK under Tier 2 counts towards the 5 years for ILR? In other words will the 3 years in the UK under Tier 2 count towards ILR if I get sponsorship from my wife?

3. She earns less than 18,600 but I earn enough to cover both of us is this sufficient? In other words I am self-sufficient, I don't need to rely on her. Logic says Yes but I don't see this stipulation anywhere.

Thanks in advance

[CR001]

1. The is no requirement to switch once you marry a BC, so you can stay on your T2 until you qualify for ILR, which will be the most sensible way to go to obtain ILR. Then once you have ILR, you can apply for citizenship immediately as spouse of BC if you meet the standard requirements.

2. I am pretty sure that your qualifying clock will start again from scracth if you switch and you will have to complete the full 5 years on spouse visa as you are not a PBS dependent. I switched from a working category visa to spouse visa in 2010 and had to wait the full duration of my spouse visa before I could apply for ILR, they would not take the 2 years I had already been here into account.

3. Not sure, but I think you will be fine, guru or moderators can confirm.

[szavelin]

Of course I agree it's better to remain in your immigration category and avoid unnecessary paperwork etc. but what if we decide she goes to go to a grad school in another part of UK or my employer lets me go.. I guess I am saying spouse visa seems less restrictive. I heard on Tier 2 you can't even take longer than 30 day vacation, the visa becomes void. That's why we are exploring all options and it still remains unclear if it's sufficient that I am the only earner while she's in college ..

[KJdancer]

I switched from Tier 2 to FLR(M).

Yes, it resets the clock so I have nearly 5 more years to go before I can apply for ILR. But it was the right choice for me. My sponsoring company was sold earlier this month. Now I don't have restrictions on needing to be sponsored to work.

Yes, they will consider your income as you are switching categories. In fact, they will care MORE about your income as you will have to prove that you have followed the terms of your Tier 2. But they will consider your wife's income as well if necessary.

[szavelin]

So it's a question of how far along you are into your Tier 2 already. KJ, if you weren't married then how soon would you have to leave the country or find a new job not to loose your T2?

Finally, about the income, is my income enough to cover both of us if she earns less than the 18.6K? )

[KJdancer]

Only 28 days to find a new sponsor or leave... Not cool.

And yes, you can use just your income. It's different for us because we had permission to work in the UK prior to FLR(M).

Someone who is on a visa where they cannot work (fiancé visa) or applying for initial entry as a spouse cannot use the non-UKC income. So if someone comes along and says your income doesn't count it's because they aren't used to people switching categories.

[szavelin]

28 days? It's like that zombie british rubbish Really not enough I don't think even if there is another employer willing to sponsor..

Is 28 days enough to switch to FLM(M) category in this event though? How long is the process to obtain clearance visa in spouse category?

Thanks all!

[KJdancer]

Yeah 28 days is not enough. Too much paperwork for a new sponsor even if they have a certificate of sponsorship and an allocated spot open.

I was told by the UKBA that the grace period of 28 days is NOT given after your visa expiry date. This may or may not have been true but we didn't risk it. You have 28 days to leave after your expiry date but not to switch. Again, may have been incorrect (the UKBA isn't known for their stellar advice) but I didn't want to risk it.

You can look at other threads for FLR(M) processing times by post. I think they are speeding up but it hasn't been uncommon to wait 8-10 months recently. And your Tier 2 terms are extended while you await a decision but that means you have to still work for your current sponsor only (can't change jobs).

I applied in person at a PEO appointment in Croydon and got a same day decision and my BRP by post two days later.

Good luck!

[szavelin]

You can look at other threads for FLR(M) processing times by post. I think they are speeding up but it hasn't been uncommon to wait 8-10 months recently. And your Tier 2 terms are extended while you await a decision but that means you have to still work for your current sponsor only (can't change jobs).

I applied in person at a PEO appointment in Croydon and got a same day decision and my BRP by post two days later.
Good luck!

Hi and thank you KJdancer. Are you saying if one applies in person it will be two days instead of 8-10 months?

[KJdancer]

Hi and thank you KJdancer. Are you saying if one applies in person it will be two days instead of 8-10 months?

If your case is straight-forward you can receive a same day approval for FLR(M) with an in person appointment. Your BRP will be delivered within 10 working days of the decision. I felt it was worth the extra money to retain my passport and get a same day decision.

[szavelin]

If your case is straight-forward you can receive a same day approval for FLR(M) with an in person appointment. Your BRP will be delivered within 10 working days of the decision. I felt it was worth the extra money to retain my passport and get a same day decision.

KJ, but what is the 8 months figure that is being mentioned here if you say it's only 10 days? Thank you again.