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Discussion Starter · #1 · (Edited)
My Company has told me they can help sponsor my wife's visa even though I am British

Hi there, (Returning after getting over the trauma of visa rejection last year in October)
I apologise if I am posting this in the wrong section but after scouring the various forums, government websites etc, I can only imagine this topic has to be related to 'Employer Sponsored' or 'Tier 2 catergory'.

Basically, I started working at an A Rating Sponsorship company (tier 2 and 5) around 3 months ago. I am British Born, not here on a tier 2 nor 5. And I have a Japanese fiance (marrying in September this year). We already applied for the unmarried partner visa last year in September (Thank you to all helped when I was asking questions on ExpatForum), however sadly we failed due to a small technicality (her ielts test was taken at a non-ukVI approved center).

So with that happening, we had to bite our lips and wait for my UNI graduation in May, and then for me to get a job earning above the £18600 a year requirement and then work a minimum of 6 months and also to marry later this year. And for the past 3 months, that is what we have been aiming towards and all is going well so far, we meet all the married partner requirements, it's now just a matter of time.

However I wanted to have a meeting with my HR representative at work the other week and explain my situation and the documentation I will eventually require in the near future for sponsoring our marriage visa application (Company Letter, contract, payslip stamping etc...)

She then tells me, "You don't need to worry about that visa, nor the 6 months waiting, so long as you are married and working for us, we can sponsor and vouch for your wife almost like a guarantor, so long as you (me-the british employee) are still employed with us", I asked about her being sure about the 6 month rule, she tells me they get visa acceptance for people who haven't even begun working, ie up to 2 weeks before moving to the country.

This came as a shock as I thought the only route was the 'Family / Married Visa' one and she said, we do this on a regular basis (they have many international employees). She also stated that it's a 'tier 2 visa'. AND again, I'm British, not an international employee.

But as I am the vigilant type (researching visa options for the past 3 years of our relationship), I wanted to research this further, and when checking the GOV website, it seems very clear that the 'Tier 2' is only for employees who are NON-EU based nationals who are joining the company in the UK on their own temporary work visa and want to bring along a dependent 'wife/family member' etc which of course, is not exactly the same as my situation.

1: So my burning question is, has my HR just made a ridiculous error of judgement in telling me this or is there actually a path / route that allows a company with A Rating Sponsorship license to help sponsor the NON EU partner / wife of a UK Citizen in gaining a successful visa entry clearance?
If so, what is such a visa route called and where can I find out more about it (immigration guidline docs / rules would be helpful), and does such a visa allow my (future) wife to work in the UK fully as if it were the same as a spouse visa.

2: Secondary question regarding marriage. I am fairly certain it's ok, but can we marry in Japan and this will be fully accepted by the UKBA as proof of marriage?

Any help or clarification would much appreciated,
Many many thanks,

Patuskiki1
 

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Sorry to say you have been given wildly inaccurate advice. There is no special provision for sponsoring the spouse of a British citizen on a Tier 2.

Edit to add:

she tells me they get visa acceptance for people who haven't even begun working, ie up to 2 weeks before moving to the country.
This is possible to do as an overseas sponsor returning to the UK. You would need to qualify for Category A or Category B with your overseas (non-UK) employment, and also have a job offer in the UK. But this is for a spouse visa, not a Tier 2.

It's UKVI now (not UKBA) but yes, if you have a Japanese marriage certificate and a certified English or Welsh translation, this is adequate proof of your marriage
 

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Discussion Starter · #3 ·
Sorry to say you have been given wildly inaccurate advice. There is no special provision for sponsoring the spouse of a British citizen on a Tier 2.

Edit to add:



This is possible to do as an overseas sponsor returning to the UK. You would need to qualify for Category A or Category B with your overseas (non-UK) employment, and also have a job offer in the UK. But this is for a spouse visa, not a Tier 2.

It's UKVI now (not UKBA) but yes, if you have a Japanese marriage certificate and a certified English or Welsh translation, this is adequate proof of your marriage
Hi Clever-Octopus

Many thanks for the quick and prompt reply. I have to admit I had serious doubts when she (HR) was explaining this to me, and sadly I fell for it. But I knew deep down it couldn't have been true, otherwise it would have come up in the countless forum threads and information I have read before on sites like this and countless others.
Many thanks,
Oh and regarding the marriage certificate, thanks for clarifying that too.

Cheers,
Patsukiki1
 
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