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Spouse visa (engaged but not married) switch from Tier 2

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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carlosallca
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Joined: Wed Oct 07, 2015 2:19 pm

Spouse visa (engaged but not married) switch from Tier 2

Post by carlosallca » Thu Aug 16, 2018 7:15 am

Hello there
Apologies if this has been answered
I’m currently on a 3-year tier 2 visa expires June 2019 however my company is going through difficulties and I have been told that I may need to find another sponsor.
I am also engaged to be married to my UK fiancé this October 2018.
My employer has said they’ll give me 10 weeks notice if they were to terminate my employment. Therefore I would like help with the options I have:
1. Find a new tier 2 sponsor, does this require new sponsor to carry out a market test again? Note: I work as a civil engineer
2. ‘Switch’ to an unmarried spouse visa while still employed? I have been living with partner for 2 years 2 months
3. Can I still apply for a unmarried if my employer terminates my contract and I am still in te UK?
4. How long do I have if my employer terminates my employment? If my tier 2 visa stops. In this period can I apply for a spouse visa?
5. Any difference in spouse visa if married or living together for 2 years?

Sorry for the repetition but I hope you can help

Carlos

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CR001
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Re: Spouse visa (engaged but not married) switch from Tier 2

Post by CR001 » Thu Aug 16, 2018 7:26 am

1. Yes RLMT required and a Cos to switch employers

2. Yes provided you have rock solid evidence for two years of living in a relationship akin to marriage.

3. Yes.

4. However long it takes to get a curtailment letter. Yes you can switch in this time.

5. Its the same visa, FLR M. unmarried partner though is more heavily scrutinised.

Note that your 5 years for ILR will reset to zero if you switch and you will need 2 x 2.5 year visas on FLR M before you can apply for ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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