Marrying on a work visa

[Ploader]

Hi all, this is my first post here. I did a quick search but my specific situation doesn’t seem to be covered. Apologies if this has been answered elsewhere. My fiancé is from Brazil and has worked in the uk now for about15+ years and met me some time ago and we decided to marry. Is this possible on her work visa?

If not, can anyone advise what do we need to do that will make this possible without affecting her job.

Thanks in advance.

[Casa]

Yes it is possible, but you will have to give notice to marry at a Home Office designated Registry Office and the Registrar is legally bound to notify the HO, who can then extend the notification period from 28 to 70 days if they choose to do so, before the wedding can go ahead.

Some couples are interviewed by the HO, some not.

This will have no affect on her right to work.

Edit: If your fiancee has been working in the UK for 15 years, what is her legal status in the UK

[Ploader]

Thanks for reply.

She is on a 2.5 year Residency and Work visa at this stage as she has yet to apply for leave to remain.

What do you think would be the best way forward?

[Casa]

Thanks for reply.

She is on a 2.5 year Residency and Work visa at this stage as she has yet to apply for leave to remain.

What do you think would be the best way forward?

I can't say until I know exactly which category of 'residency/work' visa she holds. To the best of my knowledge there is no 2.5 year visa issued under a Points Based employment category.

If she has been working in the UK for 15 years, what previous visas has she held throughout this period ?

[Ploader]

Sorry it’s a 2 year visa.

Leave to remain, residence permit, work permitted

[Casa]

Sorry it’s a 2 year visa.

Leave to remain, residence permit, work permitted

This isn't a Points Based employment visa. How has she been working in the UK for 15 years and not yet have settled status (ILR).

What visa did she enter the UK with?

[Ploader]

I think it is just down to the money really, she know she can, just has not done it yet. Would you recommend that she does that 1st? She is just worried that if she makes a mistake she may lose her visa? It’s all quite confusing.

We pal to get married ASAP but just need to make sure we take the best route to avoid any complications.

[Casa]

Until you/she are able to confirm exactly what category of visa she has been holding for the last 15 years, It's impossible to offer any guidance.
A 2 or 2.5 year visa in generally under a family settlement category.

[Ploader]

I have a photo of visa.

It is valid 16.01.18 to 22.11.20

Leave to remain

Work permitted

It’s all it says.

It’s blue and pink

[Casa]

Until you/she are able to confirm exactly what category of visa she has been holding for the last 15 years, It's impossible to offer any guidance.

[Ploader]

I will try and find out more information

[Ploader]

Apparently it a residency visa

[Casa]

Apparently it a residency visa

Sorry to press you, but there are many forms of residency visas. Was it issued as a family member of a settled person?

[Ploader]

No it wasn’t. They came here 15 years ago on a work (sponsored) visa. And now it’s just a residency and work visa. It was just renewed so has a full two years.

They want to apply for a ILR but are not ready to take the test yet.

[Ploader]

I have a photo of the visa and it just says “residence Permit” across the top


Leave to remain

Work permitted


There is no other information on it.

Sorry to be a pain

[Casa]

No problem. Your fiancee must know what immigration route she has been on during her 15 years in the UK, can you ask her? It's odd to have been issued with a 30 month visa after all the time spent here.

I'm assuming you intend for her to switch to a spouse visa in the UK after you are married? This is why I'm trying to clarify the specific category before advising further.

[Ploader]

Sorry it’s 24 months.

So is it better to go for a spouse visa or just get her to apply or ILR and then citizenship in her own right?

I have asked her, she just says she came to work.

[Ploader]

As an additional question, do I have to earn more than £18,600 to be able to get a marriage visa for her - as I don’t. But we do both work?

[Casa]

Joint income can be used to meet the £18,600 p.a minimum income level. She will have to pass the A2 level English test for FLR(M) and in addition to the visa fee (from 6th April 2018) of £1,033 (£1643 if applying in person) there will be an additional £500 NHS surcharge to pay.

The NHS surcharge will increase later in the year to £1000 for a 2.5 year visa (in addition to the visa fee).

[Ploader]

Thank you so much for all the information today.

God bless and have a good night .

[Casa]

Thank you so much for all the information today.

God bless and have a good night .

You too.

[vinny]

My fiancé is from Brazil and has worked in the uk now for about15+ years and met me some time ago and we decided to marry.

Sorry it’s a 2 year visa.

Leave to remain, residence permit, work permitted

She may have FLR(LR) under Long residence.

She should know what she had previously applied for.

Extend on FLR(LR) when necessary or apply for SET(LR) when ready?

[CR001]

No it wasn’t. They came here 15 years ago on a work (sponsored) visa. And now it’s just a residency and work visa. It was just renewed so has a full two years.

They want to apply for a ILR but are not ready to take the test yet.

Who is 'They'??

Work visas have a limit ou can be on it for, they cannot be applied for renewal continuously and indefinitely again and again.

Surely she knows what application form she completed recently to get her current visa (FLR(FP), FLR(HO), etc)??

All visas (non visitor) permit work, so just because it says 'work permitted' does not mean it is a 'work permit'.

How old is she?

Does she have any family here?

Is her current visa based on family, a spouse, private life, etc?

Does she have any period of stay in the UK where she had no legal visa status??

If you really want to help her and get advice, it is important to find out all the exact details of her full immigration history and visas held.