British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Current visa less than 6 months - Am I ineligible to apply for Spouse Visa? (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/current-visa-less-than-6-months-am-i-ineligible-apply-spouse-visa-928193/)

ter345 Sep 29th 2019 6:44 pm

Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
Question about eligibility for spouse visa (first time applying). I am not British. I've been living in the UK for 6 years legally and continuously (first on student visa and then work visa), and I've just read that I am not eligible to apply for spouse visa (FLR(M)) because my current work visa (Tier 2) is less than six months. Here is what the guidance says: "the applicant must not be in the UK with valid leave granted for a period of 6 months or less". Honestly both myself and my wife (British citizen) are devastated. Even though the eligibility rule is pretty clear, would it be possible to interpret it in a way that the applicant's first entry to the UK was 6 years ago, he has lived here continuously for 6 years, and therefore it shouldn't matter how their current visa is long for? I am just trying to be hopeful, but honestly feel very sad at the moment. I'll call the Home Office tomorrow to ask them as well. I really appreciate if anyone was in the same situation or other form of suggestions.

We are relying on my income as my partner doesn't work, so I cannot leave and apply from outside as she won't be meeting MIR by herself.

BritInParis Sep 29th 2019 7:43 pm

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
Do you mean that your current Tier 2 is valid less than six months or will expire in less than six months?

ter345 Sep 29th 2019 8:06 pm

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
Hi. Sorry for the confusion. My current Tier 2 visa is from Sept 2019 to Jan 2020. I lived in the UK first under Tier 4 for 4.5 years, then on Tier 2 for 1.5 years, and now again on Tier 2 for 4 months, till Jan 2020.

BritInParis Sep 29th 2019 8:22 pm

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
Tier 2 General or ICT?

ter345 Sep 29th 2019 8:45 pm

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
Tier 2 General.

BritInParis Sep 29th 2019 8:46 pm

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 
That’s an incredibly short period for an employer to apply for a CoS. Why only four months?

SanDiegogirl Sep 30th 2019 12:07 am

Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
 

Originally Posted by BritInParis (Post 12741979)
That’s an incredibly short period for an employer to apply for a CoS. Why only four months?


I was thinking this ..... when you consider what is expected of the sponsor and the employee to obtain such a visa .... 4 months seems a ridiculously short time for such effort.....


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