Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
#1
Just Joined
Thread Starter
Joined: Sep 2019
Posts: 3
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.
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.
#2
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?
#3
Just Joined
Thread Starter
Joined: Sep 2019
Posts: 3
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.
#4
Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
Tier 2 General or ICT?
#5
Just Joined
Thread Starter
Joined: Sep 2019
Posts: 3
Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
Tier 2 General.
#6
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?
#7
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,618
Re: Current visa less than 6 months - Am I ineligible to apply for Spouse Visa?
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.....