Marriage to a Tier 2 general visa

[seattle17]

Hi,

I'm new to this and any help/comment would be much appreciated!

Both my fiance and myself are Australian but he is currently over in the UK on a Tier 2 General visa organised by his work. I am currently studying in Australia and will be finishing up in November.

We will be getting married in November this year. I am aware that I can apply for a Dependent on the Tier 2 visa but this has to be done in Australia and not in the UK (ie as a visitor). As we're leaving immediately after the wedding back to the UK (he needs to go back to work), I do not wish to wait here in Australia for 1-2 months for the visa to be ready.

So my questions are:

1. Is there any way I can apply for a dependent/spouse whilst in the UK?
2. Should I apply for a Tier 5 YMS now, and after the wedding "switch" over to the dependent/spouse visa?
3. Is it possible to get married in the UK (and have it recognised as a legal marriage in Australia) and thus apply for the dependent/spouse visa in the UK?
4. Can I apply for a student visa to the UK (what is required?) and have it transferred to a dependent/spouse visa whilst in the UK?

Again, any help or tips would be greatly appreciated! I've contacted the consulate and spoke to several consultants but I cannot seem to get any clear answers from them!

Thanks!

[Joppa]

Originally Posted by seattle17

Hi,

I'm new to this and any help/comment would be much appreciated!

Both my fiance and myself are Australian but he is currently over in the UK on a Tier 2 General visa organised by his work. I am currently studying in Australia and will be finishing up in November.

We will be getting married in November this year. I am aware that I can apply for a Dependent on the Tier 2 visa but this has to be done in Australia and not in the UK (ie as a visitor). As we're leaving immediately after the wedding back to the UK (he needs to go back to work), I do not wish to wait here in Australia for 1-2 months for the visa to be ready.

So my questions are:

1. Is there any way I can apply for a dependent/spouse whilst in the UK?

No, sorry.

2. Should I apply for a Tier 5 YMS now, and after the wedding "switch" over to the dependent/spouse visa?

Yes, if you like. But you will be paying extra visa fees, and will be using your only chance of a YMS visa. While you probably won't have a need for it , you can never be 100% certain.

3. Is it possible to get married in the UK (and have it recognised as a legal marriage in Australia) and thus apply for the dependent/spouse visa in the UK?

Not really. As your fiancé isn't settled in UK (but on a visa), you can't get a fiancée visa to marry in UK and stay on. You can marry on marriage visitor visa, but you'll have to return home afterwards to apply for dependant's visa.

4. Can I apply for a student visa to the UK (what is required?) and have it transferred to a dependent/spouse visa whilst in the UK?

You can but it's a waste of money and a lot of red tape. You first need a confirmed offer of a place and you must actually enroll on a course after arrival and pay tuition fee and become a genuine student before you can switch.

Again, any help or tips would be greatly appreciated! I've contacted the consulate and spoke to several consultants but I cannot seem to get any clear answers from them!

There isn't a real alternative to applying for your dependant's visa in Australia and wait until it's issued. It shouldn't take 1-2 months as it's not a settlement visa. I'd imagine more like 2-3 weeks.

[seattle17]

Hi Joppa,

Thanks for clarifying the situation for me!

[seattle17]

Hi Joppa,

Can I further ask whether I can apply for a dependent as a fiance now, and then update this information as a spouse later? From what I'm aware, the dependent points based system form can allow for unmarried partners, married partners and fiances. Is this correct?

Thanks.

[Joppa]

Originally Posted by seattle17

Hi Joppa,

Can I further ask whether I can apply for a dependent as a fiance now, and then update this information as a spouse later? From what I'm aware, the dependent points based system form can allow for unmarried partners, married partners and fiances. Is this correct?

A fiancée isn't a dependant so can't get a visa. So you either need to marry or have a proof of two years' of living together as unmarried couple.
UK Border Agency | Can dependants apply?

Is waiting for a couple of weeks after marriage such a big burden in the greater scheme of things?

[seattle17]

Thanks for clarifying that for me.

My fiance and I have been having a long distance relationship for the past 5 years so we're anxious to start our lives together as soon as possible, especially after the wedding.

However, if this is the only thing we can do then that's what we'll plan for. Thanks for your help.

[elizaswims]

Originally Posted by seattle17

Thanks for clarifying that for me.

My fiance and I have been having a long distance relationship for the past 5 years so we're anxious to start our lives together as soon as possible, especially after the wedding.

However, if this is the only thing we can do then that's what we'll plan for. Thanks for your help.

Hi, new to the forum. Just wanted to say I totally understand your point of view. My fiancé and I have been long distance for > 3 years and I am equally disappointed with the prospect of waiting a few months after our wedding in the US in order to apply for a settlement VISA and move to the UK.

I'm empathetic Good luck and congrats on your upcoming wedding!

Eliza

[grakns]

Hi Joppa,

I realize that your reply wasn't that long ago and it's not likely the situation has changed, but I've been reading the uk border agency up and down and just can't find anything specifying that it isn't possible to apply for a tier 2 dependent visa inside the UK.

For example, in the application form Sec. K there is a box you can tick for 'I have leave to enter/remain for a limited period', which seems to imply someone could apply while a visitor to the UK.

Could you give more info on this, or even just point me to where I could look to find out more. Thanks for any help you can give me.

[Joppa]

Originally Posted by grakns

Hi Joppa,

I realize that your reply wasn't that long ago and it's not likely the situation has changed, but I've been reading the uk border agency up and down and just can't find anything specifying that it isn't possible to apply for a tier 2 dependent visa inside the UK.

For example, in the application form Sec. K there is a box you can tick for 'I have leave to enter/remain for a limited period', which seems to imply someone could apply while a visitor to the UK.

Could you give more info on this, or even just point me to where I could look to find out more. Thanks for any help you can give me.

I don't need to quote the chapter and verse. It isn't possible to switch from being a visitor to any other kind of visa/leave within UK. If you try, your application will be rejected, 100% certain. You can only switch if you are on a visa valid longer than 6 months, and since the maximum period a visitor can stay is 6 months, that rules all visitors out. Exceptionally, someone here on private medical treatment can stay up to 12 months, but this still doesn't allow them to switch to another leave.

[grakns]

I wasn't looking for 'chapter and verse', I was just getting tired of scouring the web for more than 'no, sorry'.

In any case, your reply was good enough in that I realized I was looking in the wrong place. Rather than look at the requirements for a dependent visa, the place to look is the visitor visa restrictions.

For anyone else searching for the same thing, the website states the following for visitor visa (I can't post a link, but it's in visas and immigration > visiting the uk > general visitors > can you extend your stay):

When your permission to stay as a visitor expires, we expect you to return home. You cannot 'switch' into a different immigration category.