Switching from Tier 2 Work Visa to Spouse Visa

Hello, me and my fiancé are looking for legal advice.

My fiancé is from Uganda and has been in the UK for 6 months working in health care with a tier 2 work visa under sponsorship. We want to know how it would work if she used a 4 week sick note and also applied presently for 2 weeks annual leave.

We have found out recently that she is pregnant to me, and her employment in the UK is exploiting her (usually only allowing her 3 or 4 hours sleep before getting up to go back to work all day for £40 a day).

I am hoping that a 4 week sick note from the doctor, followed by 2 weeks annual leave, and then the 60 day period following termination to find a new sponsorship will be long enough for us to marry and send off for a spouse visa.

Will things definitely work this way? She will not be terminated until the end of the 4 week sick leave? Will she be given also 2 week annual leave if we apply just before sick leave? Once terminated will she have 60 days to find sponsorship or does this vary from contract to contract? Will the spouse visa be approved?

We have an appointment to register our intent to marry on Saturday. I've heard it can take anywhere from 28 to 70 days to be approved to marry, usually taking 28 days.

If somehow we failed to be approved to marry and send off for her spouse visa before her 60 day period to find new sponsorship is over, and she is given a deportation order, how likely is it we could have the deportation order overturned? (being that we are in a genuine relationship, trying to get married and are expecting our first child; I, a British citizen, am also listed as a vulnerable person, receiving disability benefits.)

Thank you for you time. Your help is greatly appreciated!

-Chad

See also Statutory Maternity Pay and Leave: employer guide.

There is a lot of information from your post.

On the employer side - you have described a set of circumstances that would go a long way to meet the definition of modern slavery. If your partner was to approach the Home Office with this information you may well find that she is treated as a victim and offered an alternative route to continue to have leave to remain.

What you have described is not uncommon and the level of abuse and exploitation in the care sector is known to a number of government departments.

The issues regarding sick leave / annual leave. These are not immigration matters and how the Sponsor deals with those is entirely dependent on their internal policies.

In regards termination or resignation from the role. The 60 days does not come into play immediately, that clock starts once the visa cancellation is formally issued. That could take many weeks.

As for getting another role in the care sector with another sponsor - the sector is desperate for care workers, I would imagine, depending on qualifications and experience it will not be difficult to change to a different Sponsor.

Spouse visa
As you are aware the process for marriage involving individuals subject to immigration control is substantially different from those without immigration controls. If the marriage is approved, that achieves the first stage to gaining a spouse visa.

Without making too great an assumption- as you are receiving disability benefits are you in a position to meet the financial requirements for a spouse visa?

Without being too harsh there is a question to be asked - did you meet each other through her caring for you?