Working visa to dependant visa, indefinite leave to remain.

[DenHaz]

Hello,

My fiancee is currently on a tier 2 working visa which expires in July. We are getting married in May and i'm wondering if her visa is renewed as a working visa or whether she has to switch to a dependant visa. In making this switch and change in visa does this affect the length of stay for indefinite leave? Is it zero'd back to wait for 5 more years or does the 3 years she has already contributed count. I am a working british national.

Thank you for any input

Dennis.

[Terpe]

Is she able to renew her working visa?

If she will switch to spouse visa are you both able to meet the UKBA Financial Requirement?

[DenHaz]

She's legible to renew her work visa and we meet the Financial Requirements to pass the dependent visa application. It's just whether we have to switch to dependent visa by law or whether we can just continue on the working visa. From reading around since the changes in April 2012 to dependent visa if she changes she loses her 3 years already accrued for indefinate leave as it is a change in visa and has to start her 5 years again for indefinite leave, which seems a little mean.

[Terpe]

She's legible to renew her work visa and we meet the Financial Requirements to pass the dependent visa application. It's just whether we have to switch to dependent visa by law or whether we can just continue on the working visa.

There's no mandatory requirement to switch categories.
She can just continue with her current visa category insofar as it leads to settlement.

There were some changes to this some time ago.
You could take a review of this UKBA webpage called Changes to settlement requirements for Tier 2 migrants and work permit holders (http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/56-settlement-t2-wp)



..From reading around since the changes in April 2012 to dependent visa if she changes she loses her 3 years already accrued for indefinate leave as it is a change in visa and has to start her 5 years again for indefinite leave, which seems a little mean...

Yes, unfortunately it's not currently allowed to carry over qualifying residence periods from one immigration category to another.
Means it's better to continue to ILR (settlement) under her existing visa category (another 2 years) than to switch categories and start again with a 5 year clock to ILR

[DenHaz]

There's no mandatory requirement to switch categories.
She can just continue with her current visa category insofar as it leads to settlement.


Oh, hmmm, someone told me you had to switch, if not then I think it's just best to stick out the working visa. I'll have a read of that link. Thanks for your input Terpe, very helpful.