Tier 2 General Visa - Employment Termination Options

[noz1703]

Hi everyone

I am a British citizen (30+ years). I have been with my partner for 4 years having met abroad. 2 years ago he was able to get a sponsored Tier 2 General visa. His company is going through some financial difficulty and it is likely that they are looking to terminate his employment (several hints are being made and looking for any excuse to raise performance issues!). He is 18 months into his Tier 2 sponsored employment. Before this became apparent, we had planned to get married in August in the UK and were going to give notice to marry in March - we were in the process of paying deposits for wedding venues! I know that switching from Tier 2 to a spouse visa after getting married is quite straightforward if you are applying within the UK.

However, if his employment is terminated imminently and his Tier 2 visa is curtailed (triggering the 60 day period), what are our options if we want to get married this summer? Can he apply to switch to a spouse visa within the 60 day curtailment period if we can show that we are intending to marry within the next few months? If he leaves the country after the 60 days, is this likely to cause issues for getting a spouse visa once we are married in the summer? I assume if he has to leave after the 60 days then we won't be able to get married here and would probably have to have the legal ceremony abroad and then apply for the spouse visa?

I earn above the minimum salary threshold but I want to avoid having to apply for multiple visas - i.e. switching him to a fiancé visa, and then once married a spouse visa.

As if wedding planning wasn't stressful enough!

Any help and advice would be greatly appreciated. Thanks.

[CR001]

if his employment is terminated imminently and his Tier 2 visa is curtailed (triggering the 60 day period)

It is not 'triggered immediately'. HO take a few months to send out curtailment letters and the 60 days counts from the date of the letter not from date of leaving last employer.

[noz1703]

Thank you for the quick response. Reassuring that hopefully we have some more time to come up with a plan.

Let's say it takes them a couple of months to send the letter - assuming the 60 days expires before we are due to get married, what would be the best course of action?

I'm just worried about booking a registry and venues if there's a likelihood he may have to leave the country, and potentially facing issues coming back in for the wedding.

[CR001]

If you have lived together in a relationship akin to marriage for 2 years with documentary evidence to prove it, then yes, he could switch to an Unmarried Partner visa.

There is no other visa (fiance visa cannot be applied for within the UK) he could 'buy time' with just for the wedding unless he applies for another Tier 2 with a new sponsor.

[noz1703]

Thank you Char.

We have lived together for 2 years in my property but I'm not sure how we'd prove it. As I own my flat, I kept all the utilities and mortgage payments in my name. He originally came on a visit visa at the beginning of 2016. He left after 2 months, spent a month applying for work and managed to get Tier 2 sponsorship, and was then back in the UK some 3-4 months after and was back living with me.

So I'm not sure if his time with my as a visitor would count as us "living together".

Worst case scenario, I assume there would be no issues if, after the 60 day curtailment period he left the country, and then came back on a fiancé visa so that we could get married, and then left the UK within 6 months, and at that point we apply for the spouse visa? I'm just not sure how to explain this to the marriage registry/home office when we give notice.

[CR001]

So I'm not sure if his time with my as a visitor would count as us "living together".

Possibly, but you need a lot of documentary evidence to prove cohabitation. HO is incredibly strict on this and not flexible at all.

Worst case scenario, I assume there would be no issues if, after the 60 day curtailment period he left the country, and then came back on a fiancé visa so that we could get married, and then left the UK within 6 months, and at that point we apply for the spouse visa?

No. If he applies for the 6 month Fiance Visa (costs £1464 currently), then he can switch to a spouse visa on FLR(M) within the UK. It is the 6 month Marriage Visitor Visa (costs £85) that he would have to leave the UK after marriage.

Do you meet the financial requirement on your own??

Really easier to do it while in the country. I would suggest wait to see what happens with his job. Immediate termination is rare as his employment contract is binding on both parties and any notice period as well.

[noz1703]

His employment contract is pretty terrible. They can pay him in lieu of any notice and terminate immediately as he has been with them for less than 2 years. He is one of the higher earners, and the company is struggling financially so it's pretty easy for them to get rid and make up excuses for "performance".

I'm pretty sure I can meet the financial requirement on my own (can you remind the current levels please?)

Just one more question - if we get the 6 month fiancé visa for £1464, get married in the UK, and then switch to the spouse FLR(M) visa within the UK during those 6 months, will we have to pay that hefty fee again for the spouse visa? I'm wondering whether it's easier for him to just leave after the 60day grace period, we change plans have the legal civil ceremony abroad in a friendly jurisdiction, apply for a spouse visa as we will have a marriage certificate, and then once granted have the wedding reception in London - that way only one visa application and fees needs to be made.

Wedding planning + unexpected immigration issues = very bad combo!

Thanks again for your help with this.

[CR001]

i'm pretty sure I can meet the financial requirement on my own (can you remind the current levels please?)

£18,600pa.

Just one more question - if we get the 6 month fiancé visa for £1464, get married in the UK, and then switch to the spouse FLR(M) visa within the UK during those 6 months, will we have to pay that hefty fee again for the spouse visa? I'm wondering whether it's easier for him to just leave after the 60day grace period, we change plans have the legal civil ceremony abroad in a friendly jurisdiction, apply for a spouse visa as we will have a marriage certificate, and then once granted have the wedding reception in London - that way only one visa application and fees needs to be made.

£1464 for the fiance visa. Then £993 for a postal spouse visa application PLUS £500 Immigration health surcharge. Costs an extra £590 to apply in person for same day spouse visa decision. Fees go up in April. IHS might double.