Tier 1 Entrepreneur to spouse visa options

[CULLINAN]

@zimba88

Thank you very much for your valuable and prompt answer.

I have a situation please can you let me know my options.

I am married since last 8 months now in UK. My wife has a refugee status in UK and is due to apply for ILR in 3 weeks that is start of October. (Completing her 5 years)

I know ILR application can take upto 6 months.

We only have our religious marriage done. Have not registered our marriage under UK law as yet.

I have applied for my tier 1 extension. Ideally I want to stay on my tier 1 visa (I pray i get it!) as I have been in UK since 2010 and swicthing to spouse visa will result in the ILR counter to start from zero (please correct me if I am wrong).

Given the uncertainty of the tier 1 extension, in worst case scenerio what options do I have to switch to spouse visa? Can my wife sponsor me? Can i switch to spouse visa while my second application is in process? Will that break my continous residency for ILR purpose? What are the requirements in this case?

What will be my options in this particular scenerio?

Any advice from zimba88 or any member will be highly appreciated.

Thank you

[CR001]

We only have our religious marriage done. Have not registered our marriage under UK law as yet.

Where did your religious marriage take place (country)?

I have applied for my tier 1 extension. Ideally I want to stay on my tier 1 visa (I pray i get it!) as I have been in UK since 2010 and swicthing to spouse visa will result in the ILR counter to start from zero (please correct me if I am wrong).

Resets your clock for ILR based on 5 years residence and NOT for ILR based on 10 years long residence.

Given the uncertainty of the tier 1 extension, in worst case scenerio what options do I have to switch to spouse visa?

Yes, if you meet all the requirements.

Can my wife sponsor me?

Once she has ILR, yes if you meet all the requirements.

Can i switch to spouse visa while my second application is in process?

You will need to vary your current application to FLR(M) if the Tier 1 Ent extension has not been decided. Visa fee and IHS payable.

Will that break my continous residency for ILR purpose?
No but only for ILR long residence. For ILR based on 5 years residence your clock will be reset.

What are the requirements in this case?

https://www.gov.uk/uk-family-visa and read the FLR(M) form and Appendix FM.

[CULLINAN]

1) Religious marriage took place in UK

2) I am still awaiting a decision on my tier 1 extension. My question is: God forbid if something goes wrong and I am not granted a visa and I have to go for second application tier 1E will I be able to switch to spouse visa then? Or what are my options left if I am not granted my tier 1E first time?

[CR001]

1. Your marriage will not be recognised by HO assuming it is an Islamic marriage, which means for immigration purposes, you are not married.

2. Yes, you will have to vary your application as I have already said provided you meet ALL the requirements for FLR(M).

[CULLINAN]

1. Your marriage will not be recognised by HO assuming it is an Islamic marriage, which means for immigration purposes, you are not married.

2. Yes, you will have to vary your application as I have already said provided you meet ALL the requirements for FLR(M).

1) Is there any way to resgister the marriage in UK given the fact that my tier 1 is still in processing and even my wife ILR application will be submitted in start of October?

2) Is there way I can delay few months on some other category of FLR incase we have to wait for my wife's ILR to be processed.

I do understand that ILR application can take upto 6 months. I am sure this much time I can buy going for an AR and then second application for tier 1. But is there any further way to buy more time on some FLR application?

Thank you for all your advice. Much appreciated

[CR001]

1. You would both had to give notice to marry at an HO approved Registry office, with your passports etc. The notice is 28 days and the Registry office is obliged to inform HO and the notice period can be extended to 70 days for HO to investigate and/or interview each of you separately before granting permission to marry.

2. Not really as the applications to 'buy time' are spotted very quickly and refused fairly quickly too. Set(P) ILR applications can take more than 6 months.

[CULLINAN]

1. You would both had to give notice to marry at an HO approved Registry office, with your passports etc. The notice is 28 days and the Registry office is obliged to inform HO and the notice period can be extended to 70 days for HO to investigate and/or interview each of you separately before granting permission to marry.

2. Not really as the applications to 'buy time' are spotted very quickly and refused fairly quickly too. Set(P) ILR applications can take more than 6 months.

Thank you for your valuable advice. Any more advice from any member will be appreciated also.

Fingers crossed I hope I get my tier1E. I will keep updated.