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Spouse visa from working visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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adam_uk
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Posts: 2
Joined: Mon Sep 03, 2018 4:43 pm
United Kingdom

Spouse visa from working visa

Post by adam_uk » Mon Sep 03, 2018 4:52 pm

Hi there,

I am a UK resident who has recently got engaged. My fiancee has been living in the UK for around 3 years, she is currently on a work visa.

Could the below be confirmed for our current situation:

We are looking to marry but would like to know our options, from what I gather:

A fiancee visa will mean she will not be able to work in the UK for 6 months.

If we were to marry in Russia, I would have to live there for 30 days.

If we go married in Denmark, we could get a spouse visa and she would be able to work in the UK.

Are there any other options?

Could we marry in the UK without a fiancee visa?

Are there any rules in moving from a work visa to spouse visa?

Many thanks in advance for any help provided, it is much appreciated.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse visa from working visa

Post by Casa » Mon Sep 03, 2018 5:37 pm

adam_uk wrote:
Mon Sep 03, 2018 4:52 pm
Hi there,

I am a UK resident who has recently got engaged. My fiancee has been living in the UK for around 3 years, she is currently on a work visa.

Could the below be confirmed for our current situation:

We are looking to marry but would like to know our options, from what I gather:

A fiancee visa will mean she will not be able to work in the UK for 6 months. She can continue to work if her current visa is still valid as she will be protected by Section 3c leave.

If we were to marry in Russia, I would have to live there for 30 days.

If we go married in Denmark, we could get a spouse visa and she would be able to work in the UK. Only if she submits the spouse entry visa application from her home country, or FLR(M) from within the UK. See my comment above.

Are there any other options?

Could we marry in the UK without a fiancee visa? A fiancee visa application can't be submitted from within the UK. In order to marry in the UK you would have to register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so before the wedding can go ahead.

Are there any rules in moving from a work visa to spouse visa? You must meet all the requirements for FLR(M), including meeting the minimum income level of £18,600 p.a. Earnings can be joint.
https://www.gov.uk/government/publicati ... -form-flrm

Many thanks in advance for any help provided, it is much appreciated.

You mention that you are a UK resident. What is your nationality and status in the UK?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

adam_uk
Newly Registered
Posts: 2
Joined: Mon Sep 03, 2018 4:43 pm
United Kingdom

Re: Spouse visa from working visa

Post by adam_uk » Mon Sep 03, 2018 5:56 pm

Hi Casa,

Thank you so much for replying, my nationality is British, I am a permanent resident.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse visa from working visa

Post by Casa » Mon Sep 03, 2018 6:23 pm

adam_uk wrote:
Mon Sep 03, 2018 5:56 pm
Hi Casa,

Thank you so much for replying, my nationality is British, I am a permanent resident.
In which case, everything I've posted above applies.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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