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Getting married

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sussexguy
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Getting married

Post by sussexguy » Tue Feb 19, 2013 5:22 pm

Hi,

I have a couple of general questions regarding married couples who are both on VISA. I am currently on Tier 2(General) and my future partner, currently in India would be able to come to UK on Tier 2 (ICT).
- Is it possible to have independent work VISA after marriage? Or, is it required by law for one partner to become dependent?

-We are intending to get married in India. Will my partner be able to apply for a Tier 2(ICT) independently or does she have to apply for a dependent VISA?

Thanks

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CR001
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Post by CR001 » Tue Feb 19, 2013 6:23 pm

The is no requirement, legal or otherwise, for a spouse to be a dependent visa holder. They can hold their own visa.

However, it makes it easier if spouse is a dependent when reaching the stage of ILR etc. as if they are on their own visa, they cannot apply with you and will have to wait till they meet the standard requirements on their own.
Char (CR001 not Casa)
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sussexguy
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Joined: Wed Jan 04, 2012 11:18 pm

Post by sussexguy » Tue Feb 19, 2013 9:03 pm

CR001 wrote:The is no requirement, legal or otherwise, for a spouse to be a dependent visa holder. They can hold their own visa.

However, it makes it easier if spouse is a dependent when reaching the stage of ILR etc. as if they are on their own visa, they cannot apply with you and will have to wait till they meet the standard requirements on their own.
Thanks. Enormously helpful.So do you reckon its alright if the application is for an independent Tier 2(ICT), stating the fact that she is married and the spouse is staying in the UK. It would be unquestionable to ask why not applying for a dependent?

I am assuming in future, once in the UK, it would be possible to change it to a dependent at a later date?

ban.s
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Post by ban.s » Tue Feb 19, 2013 9:13 pm

No, she will not be able to switch in the UK from Tier 2 (ICT) to Tier 2 dependent. She needs to leave UK and apply from her home country.

sussexguy
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Joined: Wed Jan 04, 2012 11:18 pm

Post by sussexguy » Wed Feb 20, 2013 11:57 am

Thanks ban.s.

Where can I find about these details? Does that mean switching between Tier 2 categories is not allowed in country at all?

ban.s
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Post by ban.s » Wed Feb 20, 2013 7:58 pm

sussexguy wrote:Thanks ban.s.

Where can I find about these details? Does that mean switching between Tier 2 categories is not allowed in country at all?
‘Switching’ or moving into the route for Family Members of Tier 1, 2 or 5 migrants

In your case it's not switching between Tier 2 categories but switching from an indepdent category to a dependent category. This is not allowed in country.

sussexguy
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Posts: 132
Joined: Wed Jan 04, 2012 11:18 pm

Post by sussexguy » Wed Feb 20, 2013 11:16 pm

ban.s wrote:
sussexguy wrote:Thanks ban.s.

Where can I find about these details? Does that mean switching between Tier 2 categories is not allowed in country at all?
‘Switching’ or moving into the route for Family Members of Tier 1, 2 or 5 migrants

In your case it's not switching between Tier 2 categories but switching from an indepdent category to a dependent category. This is not allowed in country.
Thanks very much ban.s for the link. Is it possible to find how long it takes to get a dependent VISA when applying from the applicant's home country? And, would there be a problem with a non-uk marriage certificate while doing this?

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