Complex Same-sex spouse and Tier 2 situation...

[Bayrun]

Hi,

Background
I am currently in the UK on a Tier 2 restricted work visa (expiring 2016). The company I am sponsored by (which I have a small stake in) is almost certainly going to have to go into voluntary administration. This would mean my leave to stay in the country would be curtailed. Previously to my Tier 2 visa I originally entered the UK on a Tier 1 Entrepreneur visa in 2010.

Complication
I have a same-sex partner who is a UK citizen. We have only been together for about 6 months. He moved in with me about 2 months ago although there are no 'official' documents that support this such as a lease or utility bills. We're committed to each other and plan on marrying later this year.

Question
Given the short length of our relationship is it possible for me to swap to a UK spouse visa if we get married in April when same-sex marriage becomes legal?

I'm really distressed about this and would truly appreciate any help or advice.

[MPH80]

There's nothing stopping you at all (providing you meet all the requirements). You just might have to prove your relationship is genuine.

In fact - you could, as soon as you wanted, form a civil partnership and then convert it to a marriage later when those clauses come into force.

[Bayrun]

There's nothing stopping you at all (providing you meet all the requirements). You just might have to prove your relationship is genuine.

In fact - you could, as soon as you wanted, form a civil partnership and then convert it to a marriage later when those clauses come into force.

Thank you for your repsonse.
It's the 'requirements' that have me concerned at the moment. If I understand correctly, don't unmarried couples have to prove their relationship has lasted at least 2 years...whereas married couples don't have to do this?

[anniecc]

Unmarried partners have to prove that they've been living together for two years, but civil partners do not. Civil partners have to meet the same requirements as spouses - genuine and subsisting relationship plus the financial requirements. Since you're working in the UK both you and your partner's income can count towards the financial requirements.

[Bayrun]

Unmarried partners have to prove that they've been living together for two years, but civil partners do not. Civil partners have to meet the same requirements as spouses - genuine and subsisting relationship plus the financial requirements. Since you're working in the UK both you and your partner's income can count towards the financial requirements.

Thanks for this.
As I understand it, the financial requirement is earnings of £18,600 per year. Is this what the UK resident has to earn? Or is it a combined earnings figure? Thanks in advance.

[anniecc]

As I understand it, the financial requirement is earnings of £18,600 per year. Is this what the UK resident has to earn? Or is it a combined earnings figure? Thanks in advance.

It's the combined figure.