Tier 2 visa Curtailment period

[nkk2018]

Hi I am on Tier2 visa working in UK the past 4.5 years and my partner is EU Citizen and we are planning to get married. My employment is ending soon but I only qualify to apply for ILR after 6 more months.

I have a few questions.

1) If I change my visa status now to Spouse visa, is it possible to apply for ILR after 6 months? Or will I lose my 4.5 years continuity on Tier2, and will only be eligible to apply for ILR after 5 years continuity on Spouse visa?
2) How long does the Spouse visa process take?
3) If I am on Spouse visa, am I eligible to work freely for any employer in UK?

Thanks in advance for your help and guidance.

[CR001]

1) If I change my visa status now to Spouse visa, is it possible to apply for ILR after 6 months? Or will I lose my 4.5 years continuity on Tier2, and will only be eligible to apply for ILR after 5 years continuity on Spouse visa?

No you cannot. You must have 5 years Tier 2 visa category to qualify for ILR and be employed by a sponsor. Your 5 years starts from zero if you change categories.

2) How long does the Spouse visa process take?

Depends if you apply by post or in person. What application you make also depends on what nationality your future spouse is. Saying 'EU citizen' is vague.

3) If I am on Spouse visa, am I eligible to work freely for any employer in UK?

Yes. Again, you can only apply for a spouse visa if meet the requirements and as you don't state the nationality of your future spouse, it is difficult to comment.

The quickest way to get ILR is to stick to Tier 2 and change sponsors if you need to in order to get to 5 years for ILR.

[nkk2018]

Thank you for your kind reply.
My partner is German Citizen.
Now can u pls advice on the Spouse visa process timeline and also if I can work for any employer in the UK?

Thanks a lot.

[CR001]

What does your German partner do in the UK?

How long has your partner been in the UK??

A Spouse visa is only applicable to a spouse of a person who is British or holds ILR. It does not apply to EEA family member applications.

[nkk2018]

My partner was here in 2014-2016 and then went back to Germany for an year and came back in 2017. We have been staying together for 1.5 years now. She has a full time job here and has been working for almost 15 months. Can u pls advice further based on this info? Thank you.

[CR001]

When does your current visa expire?

Have you given notice to marry yet??

[nkk2018]

[quote=CR001 post_id=1688021 time=1538576181 user_id=70994]
When does your current visa expire?
Visa expires in 2020. However my employment is ending in a month and I believe my visa will subsequently be curtailed (not sure pls advice).
Have you given notice to marry yet??
Not yet. I am not aware of this. Pls advice thanks very much.

[CR001]

Visa expires in 2020. However my employment is ending in a month and I believe my visa will subsequently be curtailed (not sure pls advice).

Yes, it will be curtailed to 60 days.

Have you given notice to marry yet??
Not yet. I am not aware of this. Pls advice thanks very much.

You are required to give 28 days notice to an HO approved Registry office, both of you in person with your passports and proof of right to reside (visa). The Registry then informs HO and this notice period could be extended to 70 days for HO to investigate and / or interview each of you separately before HO gives you permission to marry. You can only marry once this process is completed.

Once married, you can apply for a EEA Residence Card. You will then need to keep an eye on the Brexit developments and what you will need to do once the changes are in place. You are then again looking at 5 years before you can apply for the equivalent of PR, counted from the date of marriage if you marry in the UK.

So I was not being nosey asking questions just in case you thought I was, but was trying to get as much info to give the correct advice and spouse visa is NOT the correct visa for your to apply for as you don't qualify for that particular visa.

[nkk2018]

Many many thanks for being patiently answering my questions. I sincerely appreciate your help.
Just a few follow-up questions.

My current tier2 visa is going to be curtailed to the end of the year. What if HO doesn't send me the curtailment letter right away? I heard that some times they take longer to send the letter. What if they take a couple of months to send the letter itself? In that case will the 60 days be effective from the day the curtailment letter is sent or will it still be effective from the date I am no longer employed? Please advise.

If I apply for a EEA residence card, will my status in UK automatically change? or will it still be Tier2 visa until the date of curtailment and after the curtailment date do I need to inform a status change to the HO?

On a EEA residence card, can i freely travel to Europe and come back to UK? Or at the UK border do I have to be present with my EU spouse?

Thanks a lot.

[CR001]

My current tier2 visa is going to be curtailed to the end of the year. What if HO doesn't send me the curtailment letter right away? I heard that some times they take longer to send the letter. What if they take a couple of months to send the letter itself? In that case will the 60 days be effective from the day the curtailment letter is sent or will it still be effective from the date I am no longer employed? Please advise.

Curtailment letters can take a couple of weeks or a few months to send out. The recent posts by some members suggests they are sent out a lot quicker now. Your employer has to inform HO that your employment has ended within 10 days after your last day of work. Curtailment period starts from date of letter.

If I apply for a EEA residence card, will my status in UK automatically change? or will it still be Tier2 visa until the date of curtailment and after the curtailment date do I need to inform a status change to the HO?

Tier 2 will continue to be valid till the end of curtailment. Tier 2 and EEA residence card are separate and independent sets of rules.

On a EEA residence card, can i freely travel to Europe and come back to UK? Or at the UK border do I have to be present with my EU spouse?

You can travel freely visa free only if you travel with your spouse. If you travel alone, you need a Schengen visa.

You should note that if you have left your job and are potentially in your curtailment period, your risk HO assuming this is a marriage of convenience to prolong your stay in the UK. You also risk not having sufficient time if the notice period is extended to 70 days and you are already in the curtailment period.

How long have you been in the UK??

[nkk2018]

Hi thank you. I have been in the UK for 4.5 years on Tier2 continuously employed.
Do you think there is any alternative to marriage? me and my partner have been together for 4 years, but in 2016-2017 she was coming back and forth to UK from Germany. If I can prove that we are together, can i simply apply for a Partner visa instead? and what would be the processing time for that and complications if any? I am trying to get another Tier2 visa sponsor, but I haven't got a job offer yet. Hence I am exploring this alternative. thanks again for ur kind advice.

[nkk2018]

Hi I don't want you to give the wrong impression. Since you said that HO could take upto 70 days and by then I will be in my curtailment period, and HO might interpret this differently. So as an alternative, I was just asking to see if a Partner visa is faster? Its not the end of the world for me, I am just in this situation and so wanted to see my option, thru my partner. please advise if you can. Otherwise thanks a lot for all your answers.

[CR001]

To qualify as an unmarried partner using the EEA route, you must have rock solid evidence of 2 years cohabitation.

Applications for an EEA Extended Family Member card can take anywhere between a couple of months up to 6-9 months and you might not get the right to work and if your visa is curtailed, you also have no section 3C protection.

Only spouse if EU citizens have automatic rights. Unmarried partners do not.

There is no partner visa under the UK immigration rules you can apply for.

[nkk2018]

Sincere thanks for your advice.

[nkk2018]

Hi, my Tier 2 visa is ending in a month. And i will get a curtailment letter from HO reducing my visa period to 60 days.
1. My question is regarding the curtailment period of 60 days. Will it be from my last date of employment or from the date the HO sends the letter?
2. During this period, can i travel outside of UK and come back into UK (before the curtailment period ends)?
If so, what questions I may face at the Immigration upon entry into UK?

Please clarify thank you.

[CR001]

Hi, my Tier 2 visa is ending in a month. And i will get a curtailment letter from HO reducing my visa period to 60 days.
1. My question is regarding the curtailment period of 60 days. Will it be from my last date of employment or from the date the HO sends the letter?
2. During this period, can i travel outside of UK and come back into UK (before the curtailment period ends)?
If so, what questions I may face at the Immigration upon entry into UK?

Please clarify thank you.

Topics merged.

Your first question a has already been answered when you asked this previously.

Risky to travel.