mcm90

Hi,

I have a few queries about moving my partner from a YMS visa to a family visa. I'd appreciate any help.

A bit about us: I started dating my Japanese partner in late 2016, been living together since July and we're getting married next week.

I saw that on the FLR(M) form, it recommends applying 28 days before their permitted stay expires. I'm a little worried about this one, given that the processing times are reported to take 8 weeks. Am I correct in saying that this recommendation is targeted at those on a 2.5 LTR visa? Since you have to be in the UK for 5 years to apply, and the time on YMS wouldn't count, it doesn't matter if we cut the YMS time short - correct?

One more thing, my income is considerably above the threshold and much higher than my partner's. As such, all of the bills are in my name. (I never applied for a council tax discount, so I never updated the council.) However, we have a joint savings account that we both contribute to monthly and her employment & bank statements are all addressed to our home. Would this be cause for concern?

Lastly, is the application process tricky enough to justify getting external help (e.g. a solicitor)?

Thank you.

HKG3

You can pay more and apply for a same day visa at a visa premium service centre.

https://www.gov.uk/ukvi-premium-service-centres

BritInParis

You are correct in thinking you should apply as soon as you are married. Any time spent on a Tier 5 visa won’t count towards ILR. In future however you should apply no less than 28 days before the visa expires so that you accumulate enough time to apply for ILR. Providing the application is lodged before the expiry date you can remain legally in the UK until a decision is made, even if your current Leave to Remain expires while you are waiting.

Are you marrying in the UK?

mcm90

As I suspected, thank you very much.

Yes, it will be at the local Register office!

BritInParis

As they are living in the UK your fiancé/fiancée's income can be taken into consideration when fulfilling the financial requirements however if your income alone exceeds the threshold then it would be easier just to use yours.

A solicitor is generally not required unless you require legal representation although some applicants find it reassuring for an immigration adviser to check their application before it is lodged. Whether this is justifiable will depend entirely on your own competence and that of your chosen adviser. Some applicants could have been well-advised to request professional help; others will only end up paying someone to make a hash of a perfectly good application.

mcm90

In the end, we didn't use a solicitor and we were successful. Thanks for your help!