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Marriage before application

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Markrogerberger
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Marriage before application

Post by Markrogerberger » Tue Jun 25, 2019 8:56 pm

Hi all, I'm applying the tier 2 dependent visa for my gf (soon to be wife) and I would like to have some advice...Any help appreciated!

Well I'm a tier2 worker here in the UK, my gf was also under tier 2, but she was recently made redaduncies and is struggling to find a new sponsor in 60 days.

Since we're going well for 18 months, I really don't want to seperate with her, and I'd like to sponsor her as my tier2 dependent.

Now the questions are:
1. Since we are not together for 2 years yet, I believe the likelihood of me bringing her as unmarried partner is small. I'm planning to propose and marry her very soon so she can apply as married partner. But would this be regarded as sham marriage? Especially the matriage date and application date might be so close (in a week I assume)?

I really do love her but it's also true that we would get married later if it's not for the fact that she might be forced to leave the country. Would HO mind this?
We have everything to prove that we are in a genuine relationship: rental agreement, what's app, travel flight tickets, photos, etc. Could I even say that I can't lose her so I'm marrying her to bring her in?

2. As for marriage ceremony, because we are worried that the HO will not approve our marriage application here in the UK during her 60 days period, we are planning to marry in Europe (so I won't need to take a long holiday from work). Would this be suspected by HO as well?

Thanks guys!

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CR001
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Re: Marriage before application

Post by CR001 » Tue Jun 25, 2019 9:04 pm

You say she has 60 days, has she received a curtailment letter yet or what makes you say 60 days?

She should not leave the UK if she is no longer employed by her sponsor.
Char (CR001 not Casa)
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Markrogerberger
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Re: Marriage before application

Post by Markrogerberger » Tue Jun 25, 2019 9:14 pm

Hi CR001 thank you for the quick reply!

Yeah she has not yet but we assume it will be soon as the employer has confirmed that they notified the HO. And if she can't find a new sponsor ( seems difficult due to many reasons) she will leave UK at the end of the day. So we are thinking to have her as my dependent now so she can work freely ( as there are not many t2 sponsors actually!)

We understand that she has to apply from her home country once we get married, which is fine since she will come back as my dependent.

We are just worried that the marriage will be suspected.

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CR001
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Re: Marriage before application

Post by CR001 » Tue Jun 25, 2019 9:22 pm

Curtailment letters can take a while to get sent. The 60 days start from date of letter.
We understand that she has to apply from her home country once we get married, which is fine since she will come back as my dependent.
No she doesn't. She can switch within the UK before visa expiry.
Char (CR001 not Casa)
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Markrogerberger
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Re: Marriage before application

Post by Markrogerberger » Tue Jun 25, 2019 9:42 pm

Yeah but we are not married yet.

And we know if we apply to marry in the UK the HO might extend 70 days to investigate which is not good for us.

Could you take a look at the firSt two questions I posted please?

ThanKS.

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CR001
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Re: Marriage before application

Post by CR001 » Tue Jun 25, 2019 9:55 pm

Hi "might", they often don't and as she has not been curtailed yet, you have time.

1. 2 years evidence of living together in a relationship akin to marriage is mandatory if unmarried. Highly unlikely ho will suspect a sham marriage.

2. She should not leave the UK. She risk being refused re entry to the uk when returning.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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