*Advice Needed!* Switch from Tier 2 General Work Visa to Spouse Visa

[lilalila2019]

Dear all,

I've been searching and reading as much information as I could find online and still feel fairly puzzled.

I've been on a Tier 2 General Work Visa for about 3 years, but was made redundant by my employer this week. I have a 3-month notice period from my company before they write to HO to inform the termination of my employment. Reading online, it means I have 60 days left before I have to leave the country once HO sends a letter to me. Adding all the periods up, this means I have 5 months or so from now before my current visa expires.

In order to avoid the risk of having to leave the country (if I can't secure a new job in the next 5 months), my boyfriend (a British citizen) and I have decided to get married and apply for a spouse visa. We've been together for 4 years now and planned to marry anyway. I have a few burning questions in mind, and it would be tremendously helpful if you can kindly share your advice/similar experiences.

(1) Am I eligible to switch to a spouse visa? I read something online saying "You cannot switch to a spouse visa if you are already in the UK and were initially admitted for a period of less than six months" and my Tier 2 visa will expire in 5 months' time?

(2) How to give marriage notice since I'm still on Tier 2?

Again, I read something online saying "Should you give notice of your intention to marry without holding one of the above visas (Marriage visit visa/Civil Partnership visit visa/Fiancé visa/Proposed civil partner visa) or holding the right to permanently reside in the UK) you will be referred to the Home Office for investigation and your notice period may be extended to 70 days." that mean we need to go through the marriage referral scheme? Has anyone had recent experience with the scheme and how long typically this will take - given the backdrop of my situation, will we face a longer investigation period? If so, is there anything we can do to reduce the wait?

(3) Do I need to leave the country if my visa expires during the spouse visa application process?

Thanks again - any advice and insight is highly appreciated!

Lila

[CR001]

Reading online, it means I have 60 days left before I have to leave the country once HO sends a letter to me. Adding all the periods up, this means I have 5 months or so from now before my current visa expires.

Your curtailment period starts from the date you get HO's letter and NOT from the date your employer informs HO after your last date of employment. Curtailment letters can take a few months to get sent out.

(1) Am I eligible to switch to a spouse visa? I read something online saying "You cannot switch to a spouse visa if you are already in the UK and were initially admitted for a period of less than six months" and my Tier 2 visa will expire in 5 months' time?

Yes, you can switch to a spouse visa if you meet all the requirements. The piece you quote relates specifically to visas issued for 6 months or less and NOT to the time left before a visa expires.

(2) How to give marriage notice since I'm still on Tier 2?

You and your partner have to give 28 days notice at an HO approved Registry office with evidence of your passport and immigration status. They inform HO who could extend the notice period to 70 days to investigate and/or interview each of you separately before giving permission for you to marry. Once you have HO's permission, then you can marry.

Again, I read something online saying "Should you give notice of your intention to marry without holding one of the above visas (Marriage visit visa/Civil Partnership visit visa/Fiancé visa/Proposed civil partner visa) or holding the right to permanently reside in the UK) you will be referred to the Home Office for investigation and your notice period may be extended to 70 days." that mean we need to go through the marriage referral scheme? Has anyone had recent experience with the scheme and how long typically this will take - given the backdrop of my situation, will we face a longer investigation period? If so, is there anything we can do to reduce the wait?

Yes, as stated above. All migrants who wish to marry on any time limited visa has to follow the same process. Nothing you can do to potentially reduce it if HO chooses to extend it to 70 days.

(3) Do I need to leave the country if my visa expires during the spouse visa application process?

No, provided you have submitted and paid online before your current visa expires. Your existing visa conditions will continue under Section 3C of the immigration rules while HO processes your application.