Switching to Spouse visa

[man670]

Hi everyone,

Please can anyone help with my case as I am very confused right now. I am currently in the UK under unmarried partner visa, however it is based on my relationship with my ex and unfortunately we broke up about a year ago. My current boyfriend is British and we are hoping to get married next year, but I’m unsure whether I will be able to switch to spouse visa within the UK while my current visa is based on my relationship with my ex, or I will have to go back to my home country and go through the route of fiance visa? Can anyone please advise what would be the best route for me to take? My relationship is genuine and I can prove it, but I’m worried HO would reject it because they see I’m staying on my current visa even after my last relationship ended. Any input would be greatly appreciated. TIA!

[Casa]

Hi everyone,

Please can anyone help with my case as I am very confused right now. I am currently in the UK under unmarried partner visa, however it is based on my relationship with my ex and unfortunately we broke up about a year ago. My current boyfriend is British and we are hoping to get married next year, but I’m unsure whether I will be able to switch to spouse visa within the UK while my current visa is based on my relationship with my ex, or I will have to go back to my home country and go through the route of fiance visa? Can anyone please advise what would be the best route for me to take? My relationship is genuine and I can prove it, but I’m worried HO would reject it because they see I’m staying on my current visa even after my last relationship ended. Any input would be greatly appreciated. TIA!

Assuming you still hold a valid visa, when will this expire? What is your immigration history in the UK?

[man670]

Assuming you still hold a valid visa, when will this expire? What is your immigration history in the UK?

Yes my visa is still valid for another year. I was on student visa before so after my current visa expires I will need another 2.5 years to complete 10 years.

[Casa]

You and your ex-partner were legally required to notify the Home Office that your relationship had broken down. You won't be able to switch now to any other visa from within the UK and technically, you no longer have legal status This will have interrupted any opportunity to apply for ILR under 10 years long residence.

If are considering marrying your new partner in the UK, please bear in mind that in order to do so, you will first have to apply to the Home Office for permission. They will then decide within 70 days whether to interview you both (separately) and if the marriage can go ahead. This will flag the fact that you are no longer in a subsisting relationship with your ex-partner, which ended 1 year ago, and the sponsorship under which your Unmarried Partner Visa was granted.

Others may advise further.

[man670]

You and your ex-partner were legally required to notify the Home Office that your relationship had broken down. You won't be able to switch now to any other visa from within the UK and technically, you no longer have legal status This will have interrupted any opportunity to apply for ILR under 10 years long residence.

If are considering marrying your new partner in the UK, please bear in mind that in order to do so, you will first have to apply to the Home Office for permission. They will then decide within 70 days whether to interview you both (separately) and if the marriage can go ahead. This will flag the fact that you are no longer in a subsisting relationship with your ex-partner, which ended 1 year ago, and the sponsorship under which your Unmarried Partner Visa was granted.

Others may advise further.

Thank you so much for the response. I am also looking at options to switch to tier 2/tier 4 visa. Do you know if it’s possible for me to switch to these visa within the UK?

[Casa]

In my honest opinion, switching to another visa category is no longer an option, having remained in the UK for the past year on an Unmarried Partner Visa which became invalid when your relationship ended. You would however, have had the right to switch as soon as you were no longer sponsored by your ex-partner.

If your intention is to marry your new partner, I believe your best option would be to return to your home country, marry there and then apply for a new Spouse visa to return to the UK, assuming you and your partner are able to meet all the criteria.