UK Tier 5 YMS conversion to spousal visa

[geo90]

Hi! I was just wondering if anyone could give me some advice on the below - I keep hearing different things from different people (lawyers/friends/government) and wanted some clarification if at all possible:

I am a British citizen (born and lived here my whole life). I went travelling in Australia and met my boyfriend, who is from New Zealand in June 2016. He ended up coming back with me to the UK on a Tier 5 Youth Mobility Scheme Visa, which expires end of Feb 2019 (we arrived end of Feb 2017).

We are looking to convert the Tier 5 to a spousal visa so that he can remain in the UK with me.
We have lived together since the day we arrived in the UK, first with my parents and then in our rented flat from Sept 2017 - this means we will have met the 2 year requirement of living together as if we were a married couple on the day his Tier 5 expires.
We did live together for a month in Australia before we left for the UK, but were subletting a room from our friend, so do not really have any official docs (e.g. rental agreement etc.) to prove this definitively. We meet all the other requirements for the spousal visa (financially etc.).

SO my questions are:

1) Is it possible to convert the tier 5 into a spousal visa without him having to leave the country?

2) Would it be better for us to get married and then convert the visa? Would that make a difference to allowing him to remain in the country while the spousal visa goes through? (We are planning to get married anyway at some point in the near future once his new visa is accepted).

3) As our living together for 2 years requirement would be met the day his visa expires, would we be able to apply a couple of weeks shy of the 2 years without being penalised? Or would we have to wait for his visa to expire, meet the 2 years exactly and get a bridging visa while the spousal visa goes through?

4) If we were to get a letter from the friend who sublet us the room before we moved over, would that be sufficient evidence or not? That would mean our 2 years of living together requirement would be met in mid Jan 2019 and would give us time to apply before his Tier 5 expired.


Sorry for so many questions, but any help or advice would be greatly appreciated!

Thanks so much

[Casa]

Hi! I was just wondering if anyone could give me some advice on the below - I keep hearing different things from different people (lawyers/friends/government) and wanted some clarification if at all possible:

I am a British citizen (born and lived here my whole life). I went travelling in Australia and met my boyfriend, who is from New Zealand in June 2016. He ended up coming back with me to the UK on a Tier 5 Youth Mobility Scheme Visa, which expires end of Feb 2019 (we arrived end of Feb 2017).

We are looking to convert the Tier 5 to a spousal visa so that he can remain in the UK with me.
We have lived together since the day we arrived in the UK, first with my parents and then in our rented flat from Sept 2017 - this means we will have met the 2 year requirement of living together as if we were a married couple on the day his Tier 5 expires.
We did live together for a month in Australia before we left for the UK, but were subletting a room from our friend, so do not really have any official docs (e.g. rental agreement etc.) to prove this definitively. We meet all the other requirements for the spousal visa (financially etc.).

SO my questions are:

1) Is it possible to convert the tier 5 into a spousal visa without him having to leave the country? Yes if you meet all the requirements.

2) Would it be better for us to get married and then convert the visa? Would that make a difference to allowing him to remain in the country while the spousal visa goes through? (We are planning to get married anyway at some point in the near future once his new visa is accepted). Yes. He would be covered by Section 3C leave while the FLR(M) application is being processed.

3) As our living together for 2 years requirement would be met the day his visa expires, would we be able to apply a couple of weeks shy of the 2 years without being penalised? Or would we have to wait for his visa to expire, meet the 2 years exactly and get a bridging visa while the spousal visa goes through? You can't wait for the visa to expire as he would be an overstayer and there's no option to apply for a 'bridging visa' while in the UK under Tier 5.

4) If we were to get a letter from the friend who sublet us the room before we moved over, would that be sufficient evidence or not? That would mean our 2 years of living together requirement would be met in mid Jan 2019 and would give us time to apply before his Tier 5 expired. A letter from a friend is unlikely to carry much weight. Also bear in mind that simply 'living together' in the same accommodation won't be sufficient to prove a relationship 'akin to marriage'. You will have to submit documented evidence such as shared finances, joint bank account etc., throughout the 24 month period.


Sorry for so many questions, but any help or advice would be greatly appreciated!

Thanks so much

Do meet the minimum income level of £18,600 p.a

[geo90]

Thanks so much for your response Casa.
Can I just check - if we apply before his visa expires, we won't have met the two year living together akin to marriage requirement. I assume that means our application would automatically be rejected?

[Casa]

Thanks so much for your response Casa.
Can I just check - if we apply before his visa expires, we won't have met the two year living together akin to marriage requirement. I assume that means our application would automatically be rejected?

Probably.