Leaving and reapplying

[liambenn]

Hi,

My fiancée is in the UK on a tier 2 work visa. She was going to apply for indefinite leave to remain in a few months (she’s been here almost 5 years) but has unfortunately just lost her job.

Hopefully she’ll get a new one quickly but if the worst comes to the worst: can she leave the country briefly and apply again for a job here and come back again on a work visa? (Obviously her five years will reset to zero and she won’t be able to apply for indefinite leave to remain now).

Also, alternatively, could we get married before she has to leave and get her a family visa instead?

Thanks

[CR001]

Hopefully she’ll get a new one quickly but if the worst comes to the worst: can she leave the country briefly and apply again for a job here and come back again on a work visa? (Obviously her five years will reset to zero and she won’t be able to apply for indefinite leave to remain now).

Yes and no it won't reset her ILR clock provided she leaves before her visa expires and applies for a new visa and returns as soon as possible.

Also, alternatively, could we get married before she has to leave and get her a family visa instead?

If you marry she does NOT have to leave to apply for a spouse visa. She can switch within the UK. This will reset her ILR clock to zero.

[liambenn]

Thank you