Tier 2 general visa holder getting married in the uk!

[u01xm11]

Hello peeps, could anyone please kindly give me some advice on the visa matter? I'm enquiring on behalf of my fiancé, he is currently on tier 2 general sponsored by his company which is due to get renewed in October this year for another two years. He will be working for the company for three years until this October. I am a British citizen, and we are going to get married at the end of this year. Hence I was wondering what gonna happen to his visa. My questions are:
1. Can he remain on his tier 2 general after we get married for another two years without having to apply for a spouse visa?
2. Can he remain in the uk after his tier 2 general runs out in October 2018?
3. Can he apply for Indefinitely to remain after October 2018 OR does he need a spouse visa in order to stay?
4. Is there a possibility that his company will switch his visa from tier 2 to a spouse visa if we told them about our marriage?
Thank you so very much for your patience. I know there are a lot to answer. Much appreciated!!!!!

[vinny]

1. Yes, if his leave hasn't expired.
2. No. He has to make an application for an extension or SET(O) or switch to FLR(M) after marriage, before his leave expires.
3. Yes, if he satisfies the requirements for SET(O).
4. No. Switching is his choice. But if he switches, then his qualifying period for SET(M) may be reset, 5 years from grant of initial FLR(M).

[u01xm11]

1. Yes, if his leave hasn't expired.
2. No. He has to make an application for an extension or SET(O) or switch to FLR(M) after marriage, before his leave expires.
3. Yes, if he satisfies the requirements for SET(O).
4. No. Switching is his choice. But if he switches, then his qualifying period for SET(M) may be reset, 5 years from grant of initial FLR(M).

Thank you so very much for your reply vinny. That's very helpful! My fiancé is an international expat engineer works for an oil company in the UK. He goes offshore quite often. The reason I mention that is because:
1. I noticed that in order to settle in the uk after 5 years, he shouldn't spent no more than 180 days outside the uk in any 12 months. Due to the nature of his job, he went offshore quite often in the past two years. I was wondering would this be exempted from this rule if he went aboard for work commitments?
2. I understand it's his choice whether he wanna switch the visa after we get married. But his visa is done by his company HR department, I'd like to make sure that does HR have the right to switch his visa from Tier 2 general to spouse during the next two years?
3. When is the earliest time allowed to apply for SET after his tier 2 general expires in October 2018?
Much appreciated again!!!!

[vinny]

1. If working off shore over 12 miles limit, then it's not exempted for ILR under Tier 2. Must include as absences. But probably ok if absences are less than 180 days per each consecutive year.

May be okay under spouse leave.

2. HR does not have the right to make him switch. It's probably not in HR's interest to persuade him to switch as he would then be free to find another job elsewhere.

3. Normally, he may apply for ILR no sooner than 28 days prior to the completion of his 5-years qualifying period in the relevant category. See also FAQS.

[u01xm11]

That's fab. You are a star vinny!!

[u01xm11]

Hi Vinny,
Just add some information here about the absence period in the UK. Found some related information in the link below. If the days outside UK is more than 180 days, I think he needs a letter from the employer to prove the reason for employee being at oversea is due to business need in UK.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

"For all other categories, absences must be consistent with or connected to the applicant’s
sponsored or permitted employment or the permitted economic activity being carried out in
the UK, for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case basis
and should be in line with UK annual leave entitlement for settled workers. For example, the
statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work
a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid
leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent with the
basis of stay and do not break the continuity of leave. You must count such absences
towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the UK, on
weekends or other non-working days have taken place, evidence from the employer should
be provided to confirm the applicant’s normal working pattern and show the absences
occurred during a non-working period. Tier 1 (General) applicants who are self-employed or
in business must provide a letter of explanation of their business-related absences.
However, time spent away from the UK for extended periods, particularly if the business no
longer exists, would not be allowed."

[CR001]

Absence of more than 180 days breaks continuity of residence. Absence must be kept within the allowance. High risk of ILR refusal if absence is exceeded.