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switching from Tier 1 (Enterprenuer) to spouse

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

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

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LondonStrawberry
Junior Member
Posts: 54
Joined: Sun Sep 28, 2014 3:30 pm

switching from Tier 1 (Enterprenuer) to spouse

Post by LondonStrawberry » Sun Apr 03, 2016 10:52 pm

Hi Valuable members,
This forum helped me a lot regarding my visa extensions till naturalisation process and I am thankful to all those who always guided me.
Now I am asking couple of questions on behalf of one of my friend.
He is on Tier 1 (Entrepreneur) Visa which would expire next year.
He wants to marry either a British Citizen or European National for switching to the spouse visa.
We have searched on GOV site but could not find the solution.
1. Can anyone please guide that how to switch in either spouse visa category?
2. What would be the scenario in either cases?
3. What are the requirements for both type of marriages? and how long does it take to get ILR in both cases?
Looking forward for reply.
Thank you

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CR001
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Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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Re: switching from Tier 1 (Enterprenuer) to spouse

Post by CR001 » Mon Apr 04, 2016 1:53 pm

He wants to marry either a British Citizen or European National for switching to the spouse visa. From your post it sounds like your 'friend' only wants to marry for visa purposes and it doesn't sound genuine as he will 'marry either UK or EU citizen.

We have searched on GOV site but could not find the solution.
1. Can anyone please guide that how to switch in either spouse visa category? UK spouse and EU spouse are two very different routes. If his marriage is approved to take place by HO (yes, they will investigate and possibly interview both), he can marry and switch.

2. What would be the scenario in either cases? UK Spouse visa on form FLR(M), has to pay immigration health surcharge of £500. Will need 2 x 2.5 year visas as spouse. Current cost of spouse visa is £811 by post or £1311 in person. EU spouse, residence card for 5 years (£65) and EU spouse must be a qualifying person exercising treaty rights. Notice to marry will have to be given for both routes at a designated Registry office (28 days notice which can be extended to 70 days for HO to investigate etc)

3. What are the requirements for both type of marriages? and how long does it take to get ILR in both cases? 5 years on both routes for ILR (UK spouse) or PR (EU spouse)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

LondonStrawberry
Junior Member
Posts: 54
Joined: Sun Sep 28, 2014 3:30 pm

Re: switching from Tier 1 (Enterprenuer) to spouse

Post by LondonStrawberry » Mon Apr 04, 2016 5:16 pm

CR001 wrote:
He wants to marry either a British Citizen or European National for switching to the spouse visa. From your post it sounds like your 'friend' only wants to marry for visa purposes and it doesn't sound genuine as he will 'marry either UK or EU citizen.

We have searched on GOV site but could not find the solution.
1. Can anyone please guide that how to switch in either spouse visa category? UK spouse and EU spouse are two very different routes. If his marriage is approved to take place by HO (yes, they will investigate and possibly interview both), he can marry and switch.

2. What would be the scenario in either cases? UK Spouse visa on form FLR(M), has to pay immigration health surcharge of £500. Will need 2 x 2.5 year visas as spouse. Current cost of spouse visa is £811 by post or £1311 in person. EU spouse, residence card for 5 years (£65) and EU spouse must be a qualifying person exercising treaty rights. Notice to marry will have to be given for both routes at a designated Registry office (28 days notice which can be extended to 70 days for HO to investigate etc)

3. What are the requirements for both type of marriages? and how long does it take to get ILR in both cases? 5 years on both routes for ILR (UK spouse) or PR (EU spouse)
Hi Char,
Thank you for your quick reply.
CR001 wrote:
He wants to marry either a British Citizen or European National for switching to the spouse visa. From your post it sounds like your 'friend' only wants to marry for visa purposes and it doesn't sound genuine as he will 'marry either UK or EU citizen.

We have searched on GOV site but could not find the solution.
1. Can anyone please guide that how to switch in either spouse visa category? UK spouse and EU spouse are two very different routes. If his marriage is approved to take place by HO (yes, they will investigate and possibly interview both), he can marry and switch.

2. What would be the scenario in either cases? UK Spouse visa on form FLR(M), has to pay immigration health surcharge of £500. Will need 2 x 2.5 year visas as spouse. Current cost of spouse visa is £811 by post or £1311 in person. EU spouse, residence card for 5 years (£65) and EU spouse must be a qualifying person exercising treaty rights. Notice to marry will have to be given for both routes at a designated Registry office (28 days notice which can be extended to 70 days for HO to investigate etc)

3. What are the requirements for both type of marriages? and how long does it take to get ILR in both cases? 5 years on both routes for ILR (UK spouse) or PR (EU spouse)
Hi Char,
Thank you for your quick reply.
Actually he has Italian girl friend and he wants to marry her. He is in UK for lat 6 years. But he heard that if he would marry to his Italian girl then his tenure of last 6 years in the UK will not be counted because of switching to EU spouse marriage route.
Would he lose or not his 6 years tenure in UK after marrying Italian girl? and after 4 years of marriage he would get UK passport as well? because he will complete his 10 years in UK (6 years by his own and 4 years after EU marriage).
He wants to do genuine marriage but he is confuse about his tenure in UK which he does not want to lose.
Thank you

User avatar
CR001
Moderator
Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: switching from Tier 1 (Enterprenuer) to spouse

Post by CR001 » Mon Apr 04, 2016 5:23 pm

He will qualify for ILR based on 10 years long residence with a combination of the 6 years UK immigration and 4 years EEA residence card. He will have to provide proof of the Italian spouse exercising treaty rights (working, self sufficient, studying) for the full 4 years.

Once he has ILR, he will have to wait 12 months to apply for Naturalisation as a British Citizen. Once and if this is approved, only then can he apply for a British passport.

If his spouse is British by the time he gets ILR (long residence), then he can apply for citizenship immediately without having to wait 12 months.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

LondonStrawberry
Junior Member
Posts: 54
Joined: Sun Sep 28, 2014 3:30 pm

Re: switching from Tier 1 (Enterprenuer) to spouse

Post by LondonStrawberry » Mon Apr 04, 2016 6:01 pm

CR001 wrote:He will qualify for ILR based on 10 years long residence with a combination of the 6 years UK immigration and 4 years EEA residence card. He will have to provide proof of the Italian spouse exercising treaty rights (working, self sufficient, studying) for the full 4 years.

Once he has ILR, he will have to wait 12 months to apply for Naturalisation as a British Citizen. Once and if this is approved, only then can he apply for a British passport.

If his spouse is British by the time he gets ILR (long residence), then he can apply for citizenship immediately without having to wait 12 months.
Thank you so much for your kind and quick reply.
Kind Regards,
AS

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