Should I go for partner visa or let my work do it?

[Shayna2021]

My work is offering skilled worker tier two visa which would have five years indefinite leave to remain. They only want to sponsor for three years.

I was previously on an intracompany visa which doesn’t count towards it.

I am engaged and have a baby with a British guy.

Just didn’t want to apply for a visa myself due to effort, but now worried I might not be able to move company without being re sponsored, but I’m not sure.

Also now my visa expires in March so I’m worried if I tried to do partner at this point how quickly it would work.

So work visa would be great but I don’t know what would happen if I left the company.

Any ideas on best way forward?

I’m American.

[ywlgy]

They sponsor for 3y because they would pay double application fee for adding even 1 more day and many people would not stay in the company for full duration. If you decide to stay in that company, they will sponsor the remaining 2y in most cases. When you want to leave the company, you will just wait for the companies that do give sponsorship, which is not difficult to find these days.
No offence but marriage sometimes can break. The spouse visa gives you more flexibility but it's not a guarantee either.
You will need to pay application fee and immigration health surcharge by yourself if going spouse route, while company usually covers all.

[secret.simon]

If you are sponsored on a Skilled Worker visa:
(a) You can't change your employer.
(b) Assuming that you get sponsored for the five years required for ILR, your employer needs to give you a letter stating that they will employ you "for the foreseeable future". If they refuse you the letter, you can't apply for ILR.
(c) If you subsequently change from skilled worker to a partner visa, the time spent on skilled worker visa will not count towards ILR, except after 10 years of continuous residence.

If you are on a partner visa;
(a) Your partner needs to be earning a Minimum Income of £18,600
(b) You may need to pass the English language test (which you may not need to if you are a US citizen, based on your profile flag)
(c) Your visa will be for 2.5 years and will cost about £3300 (~£1500 visa + ~£1800 IHS) and will need to be renewed after 2.5 years.
(d) Your visa can be curtailed by the Home Office if your partner informs them that the relationship has broken down.

Now take your pick.

[Shayna2021]

If the relationship did break down wouldn’t I then just be able to move to the visa pertaining to having a child?

I have been here five years in March, so after the 5 years on the skilled worker visa I technically wouldn’t need said letter right?

[Shayna2021]

If you are sponsored on a Skilled Worker visa:
(a) You can't change your employer.
(b) Assuming that you get sponsored for the five years required for ILR, your employer needs to give you a letter stating that they will employ you "for the foreseeable future". If they refuse you the letter, you can't apply for ILR.
(c) If you subsequently change from skilled worker to a partner visa, the time spent on skilled worker visa will not count towards ILR, except after 10 years of continuous residence.

If you are on a partner visa;
(a) Your partner needs to be earning a Minimum Income of £18,600
(b) You may need to pass the English language test (which you may not need to if you are a US citizen, based on your profile flag)
(c) Your visa will be for 2.5 years and will cost about £3300 (~£1500 visa + ~£1800 IHS) and will need to be renewed after 2.5 years.
(d) Your visa can be curtailed by the Home Office if your partner informs them that the relationship has broken down.

Now take your pick.

Sorry replied without referring to your message, but yeah..

Ideally I don’t have to pay 6k to deal with partner visa alone. As the other poster said, if many companies wouldn’t mind sponsoring me, great. And as a great friend of mine has said it could keep me trapped in a role making less money

A bit stressful really.

[secret.simon]

If the relationship did break down wouldn’t I then just be able to move to the visa pertaining to having a child?

Not easily. Just having a British child does not automatically get you a visa. I believe that there are requirements like the other parent not being present to look after the child, etc. If the other (British) parent can look after the child, then you may not be eligible for a British visa. But wait for others to advise you on this point.

I have been here five years in March

Under what visa(s)/leaves to remain have you resided in the UK? Keep in mind that to qualify for ILR under a 5 year pathway, you need to be on the same (or very closely related) visas. So, moving from a partner visa to a work visa, for instance, would reset your ILR clock to zero.

The ICT visa does not count towards the five year requirement for either the partner visa or the Skilled Worker visa and your five year clock would start when you are granted that visa.

But the ICT visa will count towards an ILR Long Residence visa after you complete 10 years of continuous legal residence in the UK. If you go down that route, any combination of legal visas/leaves to remain in the UK will count. And you will not need the letter required under the Skilled Worker visa route.

after the 5 years on the skilled worker visa I technically wouldn’t need said letter right?

To qualify for ILR under the Skilled Worker visa, you will need that letter, no matter how long you have resided in the UK for.

[ywlgy]

You can have a bit of research on whether companies in your industry are willing to give sponsorship. In my case, the industry is heavily reliant on migrant workforce so sponsorship is quite easy to get.

[ywlgy]

About the company letter for 5y ILR application, I wouldn't worry a multinational company would refuse to give the letter unless they really want to terminate the employment. Because if they don't they need to pay to extend your skilled worker visa.

I would recommend work route based on your circumstances. If anything goes wrong in the company (redundancy, bankrupt, don't like the job, etc.), you can always find another sponsored job or switch to spouse route as a last resort. Just 5y more on whatever visa to get your ILR.