Spouse visa for Tier 5 marrying Ancestry/settled

[Tim_025]

Hello I have been resident continuously in the UK for 11yrs (2yrs working holiday, 9yrs Uk Ancestry) My Fiance is Canadian and is on a Tier 5 youth mobility Visa which expires in 4 months (Feb 14). I am eligible for ILR and should easily meet the requirements, if required I would seek to do this as quickly as possible.

We are planning to marry in December 2013. We have been together for 18 months and have lived together for the past 6 months.
Both of us are in full time employment and I easily meet the financial requirements to support my partner.

• will my partner able to apply for a spouse Visa?
• Will she have to return to Canada to do so?
• Is it possible to for her to apply as a spouse on my ancestry visa?
• Would we be better off applying for a fiancé visa and marrying in the new year?

Thank you for any guidance you may be able to give.

[vinny]

It may be better if she marries you and switches to being your ancestry dependant under 196B, while you are still under ancestry.

Afterwards, if you apply for ILR, under 192, then she may apparently be included, under 196E.

[Tim_025]

Thank you very much Vinny,

Just another query, as my current ancestry visa also expires in February I will most likely apply for my ILR (using the one day service) sometime between now and february.

In your opinion, if we marry prior to this do you think that it is viable to include her as a dependent on my application.?

is her eligibility affect by the fact she is currently on a tier 5 Visa?

Would it be better if I obtained ILR then we apply for a spouse visa for her?h

Thank you for your help.

[vinny]

Do read the rules, given by the links.

Her eligibility is unaffected by the fact she is currently on a tier 5 Visa.

It would apparently be much worse, if you obtained ILR and then apply for spouse status for her. Then, the new more difficult spouse rules must be met and she would have to wait a further 5 years before qualifying for ILR under the spouse category.

[Tim_025]

Thank you Vinny, this is really helpful.