In UK on Tier 2 Visa, British Partner Pregnant - Options?

[meiso]

Hi there,

Firstly, I am new to this forum and i'd like to say that it has been very helpful for me in trying to navigate the minefield of the Visa system over the last couple of years. In saying this, I now have a couple of questions that I have not yet found specific answers for in the forums.

I'll start by summarising my situation. I am Australian and have been in the UK on a Tier 2 Visa for almost 3 years. The first 2 years of these were an Intra-Company Transfer Visa, and in the last year i've started a new job with a different employer, who has transferred my sponsorship over to them. My BRP states that I am entitled to stay in the country now until August 2020 so long as my employment situation does not change.

I currently live with my British girlfriend, and she is now in the first trimester of pregnancy. Despite my job being fairly stable, I now want to reduce the risk of having to leave the UK for matters related to my Visa due to the obvious implications for our family. We have spoken about marriage, but I am not sure whether this is the 'silver bullet' I'm looking for. So, to my questions:

1 - As my child will be born to a UK citizen, will I receive any reciprocal rights to remain in the UK? I think I already know the answer to this but I'd appreciate confirmation.

2 - Is there any precedent for a Spouse Visa having an adverse impact on employment? I.e. is there any reason why I would not automatically change to a Spouse Visa once engaged? Is this in any way an issue for my employee?

3 - I have read that changing Visa types 'may' result in my 'residence time' resetting, and to qualify for ILR i could need to stay another 5 years. What are the reasons for either allowing or not allowing my existing 3 years of residency to count? Are there examples of the Home Office transferring this time over to the new Visa, and if so, what are the circumstances? There seems to be some 'grey area' in the definitions that i've seen so far.

Sorry if i'm asking too much, but it is important that I give myself the best possible chance of being able to stay in the country for my child.

Many thanks

[CR001]

1. No special rights unfortunately.

2. No issue. You do have to inform your employer once a spouse visa has been granted.

3. You cannot combine different categories of visas (tier 2 and spouse visa) to make up 5 years. The rules don't allow it except for 10 years long residence ILR. You must have either 5 years as tier 2 general or 5 years as spouse visa. Tbey are different categories with different rules and requirements.

How long have you lived with your girlfriend?

[meiso]

Thanks very much for your responses, much appreciated!

In response to your question, we've been living together for about 5 months.

So it seems that the Visa preference is a matter of preference, but there is an obvious advantage to staying on the Tier 2 for another couple of years. If I were to be made redundant, do you think the 60 day cooling off period would be sufficient to apply for, and receive a spouse visa, or would this not be a risk worth taking?

Thanks again.

[CR001]

You can apply for a spouse visa is g the same day service.

Assuming you will be married of course.

[iworker]

you will also be eligible for unmarried partner, provided u have lived together for 2 years and can provide proof of it as well.

[CR001]

you will also be eligible for unmarried partner, provided u have lived together for 2 years and can provide proof of it as well.

Only 5 months living together so far.

[iworker]

Yes, but was only highlighting his options if he gets redundant in future. If he has gone past 2 years of living together, he doesnt have to get married for the sake of visa only.