6 months rule for spouse visa

[bezza]

Hi

My girlfriend currently has a tier 1 post-study work visa which runs out at the end of the year. She has been living and working in the USA (her home country) since she was unable to find a job in the UK after gaining her visa but is planning to move back to England next month.

We were originally planning for her to switch into a Tier 1 (general) visa but this option apparently no longer exists from a post-study work visa so we are looking at our other options. If we were to get married, the rules for spouse visas say:

If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK."

Our question is, when it refers to six months "since your most recent admission to the UK" does that mean admission as in you must have been in the UK for the previous 6 months without leaving, or admission as in having a valid visa for the preceding 6 months? She would not qualify under the first interpretation but would under the second.

Thanks

http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

[Lucapooka]

No, the no switching rules refers only to those that have visas that were originally granted for six months or less. All visit visas fall into that category, but if she was granted Tier 1 (PSW) it would have been for more than six months so she is fine to switch from that if there is time remaining on that leave when she applies.

However, if she is intending to enter the UK only to marry and switch rather than continue on Tier 1 (PSW) she might (not will) face some problems due to change of circumstances. She will have to keep a straight face when she is asked any questions on arrival or, better, simply apply for a fiancee visa before she returns. That would remove any and all doubt. It's up to you to decide what is best.

[bezza]

Thanks very much for your help

[John]

.... simply apply for a fiancee visa before she returns ....

Alternatively, get married in the USA before returning, and then she would apply in the USA for a spouse visa. Doing that cuts out one visa application, that is, the need to convert the fiancée visa into a spouse visa in the UK.