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work once visa granted or only when get biometric card?

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MaidaValeNewbie
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Tier 2 to Family Visa - timing

Post by MaidaValeNewbie » Tue Jul 25, 2017 5:02 pm

Hi all

Apologies if this has been discussed before. I've just joined today.

I want to switch from a Tier 2 to a UK Family Visa (I assume this is allowed - I want to switch to an unmarried partner visa). I've been with my British partner for 6 years.

I have resigned from my current job (where my company is my Tier 2 sponsor) and this is effective from 11 August. My Tier 2 visa currently ends in 2019.

I have only just read on the gov.uk website that the earliest one can apply to switch to the partner visa is '28 days before my current permission expires'. When would this be in light of the above?

I was hoping to go through the premium service and get my visa by late August as I have a new job lined up for September. My question is, is it possible to apply for the switch now?

Many thanks.

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CR001
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Re: Tier 2 to Family Visa - timing

Post by CR001 » Tue Jul 25, 2017 10:49 pm

You can apply at any point before your visa expires, provided you have rock solid evidence of living together in a 'relationship akin to marriage' for a minimum of 2 years and you meet the financial requirements, with ongoing employment.
Char (CR001 not Casa)
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MaidaValeNewbie
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Re: Tier 2 to Family Visa - timing

Post by MaidaValeNewbie » Wed Jul 26, 2017 8:10 am

Thanks so much for the info. Do you know if I need to apply for the partner visa before my current work ends (11 August), or can I submit my application after I have left employment?

Thanks again.

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CR001
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Re: Tier 2 to Family Visa - timing

Post by CR001 » Wed Jul 26, 2017 8:22 am

Either.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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MaidaValeNewbie
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Re: Tier 2 to Family Visa - timing

Post by MaidaValeNewbie » Thu Jul 27, 2017 9:49 pm

Thanks again!

Can you clarify what you mean by the 'ongoing employment' bit in your first reply?

I won't have ongoing employment as I've quit my job and I won't be starting a new job until after this visa is issued.

My partner has also recently changed jobs, but he started his new job a couple of weeks back. Does he need to have been in this new job for six months, or is it enough to show the past six months' payslips from all jobs (these would be predominantly from his old job, but maybe 1 from the new job).

Thanks so much.

MaidaValeNewbie
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Partner visa - two years cohabiting?

Post by MaidaValeNewbie » Tue Aug 01, 2017 6:46 pm

Hi all

I have been living with my partner in London since December 2013, first on a student visa, and from August 2014, on Tier 2 visas. I went on secondment with my work to Amsterdam for 6 months in 2015, from early March 2015 to early September 2015. When I returned to the UK in September 2015, I resumed living with my partner at a new address. While I was in Amsterdam, I still held my Tier 2 visa and when I returned to the UK in September I resumed work in the London office on that visa.

I have now given notice at my job and my employment terminates on 11 August. I am due to start a new job on 4 September and I hope to apply for my partner visa this month.

Two questions:

1. Does the 2 years cohabitation period need to be consecutive? If so, do I need to push back my start date and my visa application a few weeks (I plan on going to a premium service centre, but I assume they date the 2 years from the date of the application itself?).

2. I presume that time living with my partner after 11 August (after my employment ends) still will count towards getting to the 2 year mark, but grateful for any guidance on this point!

Many thanks!

Tom

MaidaValeNewbie
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work once visa granted or only when get biometric card?

Post by MaidaValeNewbie » Wed Aug 02, 2017 1:36 pm

Hi

I'm currently on a Tier 2 visa due to expire in 2019. I have resigned from my current job and this is effective from 11 August. I will be applying for a partner visa and I have a new job that starts in September.

I will be applying via a premium service centre. I've spoken to the UKVI twice today and got back two conflicting answers on whether I need to wait until I have my biometric permit in hand to start my new job, or if visa approval from premium service centre is enough. I would be grateful if anyone can provide any advice on the matter.

Also, as per above, I have resigned from my job and this will be effective from 11 August. Do I need to apply for my partner visa before 11 August or can I do it after?

Thanks!

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CR001
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Re: work once visa granted or only when get biometric card?

Post by CR001 » Wed Aug 02, 2017 2:09 pm

You cannot work unless you have your new BRP. The letter you get at the premium centre is not sufficient.

The helpline, we believe run by a 3rd party agency, is well known for giving out incorrect advice and take no responsibility for doing so either.

Two years cohab is fine as long as you have rock solid evidence as already advised and there is no separation of more than 6 months but you must have evidence of subsisting relationship for any period you are apart. It could also delay your application as this two year cohabitation as an unmarried partner is non-negotiable and HO don't exercise discretion.

Please also keep all your questions in the same topic (this one).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

MaidaValeNewbie
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Joined: Tue Jul 25, 2017 4:51 pm

Re: work once visa granted or only when get biometric card?

Post by MaidaValeNewbie » Wed Aug 02, 2017 3:18 pm

Thanks - Sorry I'm a bit confused.

are you saying it IS okay to apply now (in your opinion of course) as we can show subsisting relationship when I was in Amsterdam and we were living together prior to this. or are you saying I need to wait until early September when I have 2 years living with my partner post-Amsterdam.

Thanks

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CR001
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Re: work once visa granted or only when get biometric card?

Post by CR001 » Wed Aug 02, 2017 3:37 pm

What evidence do you have of subsisting relationship for the 6 months?

You can apply in September, there should be no issue as your visa is unlikely to have been curtailed so soon.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

MaidaValeNewbie
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Posts: 47
Joined: Tue Jul 25, 2017 4:51 pm

Re: work once visa granted or only when get biometric card?

Post by MaidaValeNewbie » Wed Aug 02, 2017 4:06 pm

Thanks.

For the 6 months I was away, we have emails attaching flight schedules and boarding passes for my partner coming across to Amsterdam to visit. We should have these for me coming back to the UK to visit, too, but I can't seem to find these in my email at the moment.

We would also have facebook messages, emails between us, and a lot of pictures of us on holidays during those times.

Also, while I was away, my post was still delivered to our address in the UK.

Would that be sufficient?

I appreciate I can apply in September, but i would like to apply sooner as the longer I have to wait to start my job, the more of my savings I dip into.

Thanks again.

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