Spouse/Partner Leave to Remain Visa

[Jasper-oo]

Hi everyone,
I'm hoping some one will be able to guide me in the right direction.

I am a Canadian citizen and have been living in the UK for 3.5yrs now. My first visa was a working holiday visa for two years, then I have switched to the Spouse/Partner visa as I have been with my UK partner for nearly 4 years now. My current visa is up for renewal in Sept/11. The problem that I have is that I am thinking about leaving my partner and I really would like to stay on in the UK as I have made my life here now. I have been working at my job for over a year now as a trainee Vet Nurse. I am attending college on day release for my training, however the majority of my training happens in practice taught to me by a trained and qualified proffessional. My training is just over two years and I have only just started it. When all is said and done I will come out of it with a Diploma in Vet Nursing.

So I have looked at the following options (and please correct me if I have missed something that may help me!):

I can not apply for a Student Visa as my hours of class room learning are only 8 per week. Also I work full time and I think I read some where no more then 10hrs allowed on that visa (?)

I can not apply for Leave to Remain as i have only been here 3.5 years.

The only option that I can see is work place sponsorship. Although I am not sure if my job will qualify on the shortage list. How do I go about getting sponsorship if my work is willing to go this route. Also how do I know if I will qualify for it? How long does this route take in terms of application?

If I decided to stay with my partner and later decide that I do want to split after reciving an extension on my Spouse/Partner permit, what is my status with in this country? Will I still be here leagally? I don't want to find myself in trouble through ignorance.....

Please, any help or advice would be great. I like living here, I am taking the steps to make my life better, working hard and paying my taxes

xx

[geriatrix]

If you employer wants to sponsor you, the employer must hold a sponsorship licence, issue you a CoS for you make a Tier 2 application from outside the UK.

See also If your relationship with your partner breaks down.


regards

[Jasper-oo]

Thanks for the quick response.

So with the Tier 2 application can I apply for this while I am here in the UK or do I have to go back to my home country to do so? or can I just nip across to Fance to make the application?

For the income based points, do you take in to consideration the salaries that will become avaliable once in that job? For example right now as a student i do not make very much, but once qualified my pay bracket goes up a fair bit.

Also are there ever any exceptions made for people who do not have enough points based on the Tier 2 criteria?

Is sponsorship my only option? Are there no other loop holes in the system ?

[vinny]

So with the Tier 2 application can I apply for this while I am here in the UK or do I have to go back to my home country to do so? or can I just nip across to Fance to make the application?

make a Tier 2 application from outside the UK.

See also Where to apply - the policy

[geriatrix]

can I apply for this while I am here in the UK or do I have to go back to my home country to do so?

From home country or country of legal residence (other than UK). Click on the the link that vinny has provided in his response above for more details.

Also are there ever any exceptions made for people who do not have enough points based on the Tier 2 criteria?

Then everyone will qualify under PBS, no matter what! The policy exists for a purpose.

If currently a student nearing completion of course, check if you qualify for Tier 1 (PSW).


regards

[Jasper-oo]

Hi again,

So maybe I'm just being a bit special but where it says:

'Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, e.g. for work or study purposes'

Does this mean then that because i have been residing here for the last 3.5 years I can make my application from here?

Also, what qualifies as grounds for an appeal?

When you are going through the appeal process does your current visa still apply? ie, can I still work and stay in the UK during this period?

Thanks so much for the advice and links. I really appreciate it

[geriatrix]

Does this mean then that because i have been residing here for the last 3.5 years I can make my application from here?

From home country or country of legal residence (other than UK).