Switch from Tier2 to ILR based on >4 yr civil relationshi

[MMM111]

Hi Guys. Thanks for your responses in advance.

My wife (UK Citizen) and I moved to the UK approximately 1.5 years ago just after we got married. However, we have lived together in a relationship akin to marriage (i.e. a civil partnership) for more than 9 years outside the UK. We can provide evidence of this as required. The reason we moved to the UK was because I got transferred with work. I have decided that it would be wise to switch my status (i'm currently on at tier 2 visa) to gain a degree of independence as my employer is going through a difficult patch. My questions are:

1.) Can I by-pass applying for a spouse visa and apply directly for ILR based on the immigration rules - 281(b)(i) and the immigration directorate instructions which state ILR can be granted if (amongst other criteria):

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom;

We have satisfied the 4 year civil partnership requirement however my concern is the legislation states:
• “and is on the same occasion seeking admission to the United Kingdom”; I am already in the UK.
• “since which time they have been living together outside the United Kingdom”; we have living in the UK for the last 1.5 years.

2.) Does the ‘no-switching into marriage provision’ apply to tier 2 visas? I note that I currently have 8 months remaining on my tier 2 visa.

3.) If I was to apply for a spouse visa, to obtain ILR the website explains one of the criteria is:

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;

Is a tier 2 work visa in “this category”? If so, does this mean I can apply for ILR in 6 months provided I applied for a spouse visa first?

Thank you for assistance and input into solving the puzzle that it the UK immigration system.

[Lucapooka]

It's not good news, I'm afraid. You can apply for ILR under your current T2 status after five years in that category; so a further 3.5 years. Or you can switch into the settlement route (based on your partner's status). If you switch before July 9 you will have to spend a further 2 years before you become eligible ILR; if you switch after July 9 you will have to make a further 5 years before you become eligible for ILR.

[MMM111]

Thanks for your input Lucapooka. I thought my ‘scheme’ was a little too clever

So I take it only if we were living outside the UK and applied from there would I be eligible for ILE. The treatment of internal/external applicants appears to be inconsistent however I’m sure consistency is not what the authorities are aiming for!

Does anyone know if the no-switching into marriage provision’ apply to tier 2 visas? If so, I’ll need to organise myself quickly to lodge the spouse application within 2 months. Unfortunately I can’t get my application in by the end of the week to meet the July 9 deadline.

Can anyone confirm whether time spent under a work visa counts towards the 2/5 year ILR qualification period?

[Lucapooka]

The only categories of leave that don't permit switching into the limited leave to remain partner settlement routes are visas that were granted for six months or less, or grants of leave outside the immigration rules. Everyone else can switch.

[geriatrix]

Does anyone know if the no-switching into marriage provision’ apply to tier 2 visas?

Can you 'switch' if you are already in the UK?.

Can anyone confirm whether time spent under a work visa counts towards the 2/5 year ILR qualification period?

Confirmed - No.

[MMM111]

Thank you Lucapooka and Sushdmehta for your very helpful advice.

Lucapooka, your advice enabled me to lodge my paperwork just before the July 9 dealine! I think i may owe you a beer (assuming you drink beer of course ...).