Dependent on T1E - very urgent question

[sky_rise]

Dear members,

You were all very helpful all the time! hope this one can be an easy question!

I have an urgent Q - my girlfriend lost her job on T2 (sponsored license lost and she was made redundant).

We currently have two months before her T2 visa will be expired (following curtailment letter from HO).

I have extended my T1E visa successfully and now have 1.5 years left until ILR.

She was on T2 for 3.5 years and also has 1.5y until ILR through her route.

It is very probable she will not find a job in the space of 2 months, so the question: we are not married, not living together, my official salary is £670pcm (hers was £3000pcm). Can she become dependent on me - or is it practically impossible in this situation? I mean, can she get a partner visa on me/ or do we need to get married? We are not living together/do not share bills.

We can consider marriage, and i can increase my salary if needed - i have no financial problem, just tax reason.

Many thanks!

SR

[CR001]

She will not qualify for a dependent visa if she is only your 'girlfriend'. HO would expect to see evidence of 'a relationship akin to marriage' with joint financial commitments and cohabitation.

[Riverthamess]

evidence of 'a relationship akin to marriage' with joint financial commitments and cohabitation.

I can add for a minimum 2 years.

[sky_rise]

She will not qualify for a dependent visa if she is only your 'girlfriend'. HO would expect to see evidence of 'a relationship akin to marriage' with joint financial commitments and cohabitation.

thank you CR001 - i understand that very well - and we are in serious relationship - hence the questions - if we get married now - will it satisfy?

[sky_rise]

evidence of 'a relationship akin to marriage' with joint financial commitments and cohabitation.

I can add for a minimum 2 years.

thanks Riverthames - i see now this will not work - will marrying now change things?

[CR001]

Yes, you can marry. The process is that you both need to give 28 days notice at an HO approved Registry office. This notice could be extended to 70 days for HO to investigate and/or interview each of you separately before giving permission for the marriage to go ahead.

The problem you have is that if her visa expires during this process, she will be considered an overstayer.

[sky_rise]

Yes, you can marry. The process is that you both need to give 28 days notice at an HO approved Registry office. This notice could be extended to 70 days for HO to investigate and/or interview each of you separately before giving permission for the marriage to go ahead.

The problem you have is that if her visa expires during this process, she will be considered an overstayer.

oh that complicates things a bit - we can not just get married as "normal" people and then apply for dependent visa for her?

[CR001]

Giving 28 days notice at the Registry IS how 'normal' people get married. For non-EU citizens though, it is more involved.

[Riverthamess]

You can make an appointment at Register office to give a notice while you thinking what to do... official waiting time for foreigners is 70 days, but usually the do it faster.

[CR001]

You can make an appointment at Register office to give a notice while you thinking what to do... official waiting time for foreigners is 70 days, but usually the do it faster.

The added complication for the OP is that this could be seen as 'any means to stay in the UK' due to his girlfriend already having received a curtailment letter.

[sky_rise]

Giving 28 days notice at the Registry IS how 'normal' people get married. For non-EU citizens though, it is more involved.

thank you - i did not know that apparently! useful to know now!

so basically - suppose we get married now and it is approved in 30 days and we get married - what is next in that case?

does she need to have £630 as maintenance for 90 days only as the only requirement, and nothing like salary/ maintenance from my side?

apologies if i am not very prepared - this literally came up just now - i am reading things through as we speak!

[CR001]

Suggest read the Tier 1 dependent form and guidance notes.

You will be required to show maintenance proof for 90 days.

[Riverthamess]

I think OP understands more than us that his GF has a curtailment letter. Also at Registry office work competent people, they will advise what they can do or cannot.

[CR001]

I think OP understands more than us that his GF has a curtailment letter. Also at Registry office work competent people, they will advise what they can do or cannot.

No one was disputing this. Once the Registry office informs HO as they are required to do, it will flag up that the lady has a curtailment letter issued, that is the point I was making

[Casa]

I think OP understands more than us that his GF has a curtailment letter. Also at Registry office work competent people, they will advise what they can do or cannot.

I'm not sure what your point is here. Are you objecting to the OP's questions being answered and the relevant advice given?

[Riverthamess]

I think OP understands more than us that his GF has a curtailment letter. Also at Registry office work competent people, they will advise what they can do or cannot.

I'm not sure what your point is here. Are you objecting to the OP's questions being answered and the relevant advice given?

Whats you point is here? Have I broken boards rule?

[sky_rise]

Suggest read the Tier 1 dependent form and guidance notes.

You will be required to show maintenance proof for 90 days.

thanks - so i have gone through that now - i understand spouse would require 90 days of £630 - with me being here on Entrepreneur over 12 months, and her applying in the UK. Nothing is required from my side - is that correct?

[Riverthamess]

Suggest read the Tier 1 dependent form and guidance notes.

You will be required to show maintenance proof for 90 days.

thanks - so i have gone through that now - i understand spouse would require 90 days of £630 - with me being here on Entrepreneur over 12 months, and her applying in the UK. Nothing is required from my side - is that correct?

Em.. I dont think so that easy.... When we apply with a marriage less than 2 years our solicitor suggested to find any evidence of our relationship before marriage, we had almost 1kg docs with a dependant application.

[Riverthamess]

One of the key factor is to prove your relationship (photos, holidays, bills, letters etc)

[Amz]

You can get married here in UK and she can go back to her own country before he leave expires, you can then apply for her dependent visa, that way you wont have to worry about the time lines.

In case the period of her leave expiry is short, there is a marriage visitor visa which I personally used, she can come over here just to get married to you from her home country, then go back and you can then apply for her dependent visa. Make sure you can prove HO that the intention to marriage is genuine, so you can get a joint account with her before she leaves, provide pictures of you 2 together to Home Office and in the cover letter do mention the details of background of your relationship.

I did this after i was grated T1 Entrepreneur initial visa

Regards