Apply to remain in the UK with family

[faranjust4u]

Hi All,
I was reading the on the UKBA website for "Apply to remain in the UK with family" and don't understand one of the eligibility scenario.

I am working in IT and have a employer sponsored Tier 2 General which expires on 2nd March 2015. I am married to a British citizen and would like to apply for a spouse visa.

I don't understand the second criteria on the UKBA website.

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:
1)as a visitor
2)for less than 6 months – unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce
3)on temporary admission or release (you don’t have a visa) – unless you apply in a 10-year route

It says that I need 6 months visa left on my current visa, but I have heard from friends who applied just before their visa expired.

Could someone please explain if I need to have 6 months visa left on my current visa before I can apply for spouse visa or the UKBA website is referring to a 6 month visitors visa?

Thanks in advance.

[Lucapooka]

It says that I need 6 months visa left on my current visa,

No, it does not. It means that your current visa must not have been for a grant of six months or less. Effectively, all visit visas are issued for six months so this rule bars visitors from switching. In your case, as a migrant worker, you are permitted to switch.

[CR001]

It says that I need 6 months visa left on my current visa, but I have heard from friends who applied just before their visa expired.

No, that is not what it says. It says if you have a visa issued for less than six months, not less than six months left on current visa.

You can apply to switch to FLR(M) at any point BEFORE your current visa expires. Remember that your clock counting towards ILR will reset and you will be on a 5 year residence route starting from scratch.

[faranjust4u]

Thanks for your reply guys, really appreciate the quick response.

You can apply to switch to FLR(M) at any point BEFORE your current visa expires. Remember that your clock counting towards ILR will reset and you will be on a 5 year residence route starting from scratch.

Why would my Tier 2 general 3 years won't be counted towards ILR?

[faranjust4u]

Also if I apply and my spouse visa is rejected, will I still have my Tier 2 General visa or my Tier 2 general will be cancelled as well.

[CR001]

Why would my Tier 2 general 3 years won't be counted towards ILR?

Because you can't use a combination of work/PBS visa and spouse of BC like that once you switch to spouse visa, it would only count towards ILR based on 10 years long residency. So if you applied 1st November 2014 for a spouse visa, you would be granted a visa for 2.5 years after which you will need to apply for another 2.5 year extension on FLR(M) meeting all the requirements again and would then qualify for ILR 28 days before 1st November 2019.

If your aim is to get ILR as soon as possible, you should probably stay on Tier 2. There is no other quick or easy route.

Also if I apply and my spouse visa is rejected, will I still have my Tier 2 General visa or my Tier 2 general will be cancelled as well.

If you meet ALL the requirements for a spouse visa, there should be no reason why it will be refused. But if it is, your Tier 2 will still be valid.

[faranjust4u]

Thanks again, that was very helpful.

I will have to give it a think about what I want to do now.

[faranjust4u]

After analysing, I have one last question

Below is my circumstances

Date of entry in the UK : 20th September 2008 (Student Visa)
Switch to Post-Study work visa : 04 Feb 2010 - 12
Switch to Tier 2 General : 05 Feb 2012 - 02 March 2015

If I continue with Tier 2 General I will be eligible for ILR in Mar 2017

And if I switch to spouse visa now in Nov then I will get a 2 years 6 months visa till : May 2017
Then after extension I will get another visa till : Nov 2019

But according to 10 years route, which is like living in the UK for 10 years will I not be eligible for ILR in September 2018?

If I am then I will only loose out on 1 year 6 months and not 3 years.

Please if you could tell me what I am thinking or stated above is correct as per the rules/regulations of UKBA.

Thanks for your advice in advance.

[CR001]

You analysis is correct. You will be eligible to apply 28 days before 20th September 2018 for ILR on the basis of 10 years long residence provided you meet the requirements.

The advantage of switching to spouse visa is you are free to take up any employment as well.