My Fiance Has A Tier 2 Visa But Not ILR - Can I Join Her In The UK After We're Married?
There are a vast number of reasons that people move to the UK. Sometimes this can mean a fiance being left in a different country. Many Tier 2 General Visa holders will be concerned whether they will be able to bring their spouse to the UK after they're married (especially if they get married abroad). In this article, we are going to look at the options for those who are living in the UK on a Tier 2 General Visa who are looking to bring their dependents to the UK after marriage. We will break down everything you need to know in order to make a successful application for your spouse and other dependents to join you in the UK after getting married.
My Fiancée Has A Tier 2 Visa But Not ILR - Can I Join Her In The UK After We're married?
Yes, your fiance will be able to join you in the UK after you have got married. In order to do so they will have to make an application online, and they will still need to meet the eligibility criteria for a dependent. This eligibility criteria include the need to have ? Available to them at the time of application. There is an exemption for this, and that is if the Tier 2 General Visa holder is working for a so-called A-rated sponsor. In this instance, the maintenance requirement is not necessary.
Once in the UK, they will be able to live in the UK for the length of time stated on their visa. Once you have gained Indefinite Leave to Remain, they will then be able to convert their visa into a Spouse Visa if that is the route that you choose to take. If you need to discuss this option, please get in touch and our highly experienced immigration solicitors will be happy to help you by looking into your case and ascertaining your rights.
Will My Spouse Be Able To Work In The UK?
Yes, one of the biggest benefits of the Tier 2 Dependant Visa is the ability to work without restrictions. In many ways, the dependent of a Tier 2 General Visa holder has much better employment conditions than a Tier 2 General Visa holder themselves. The Tier 2 Dependent Visa holder will be able to work for any employer in any sector and will not require a Certificate of Sponsorship to be able to take up employment with their new employer.
The working conditions of the Tier 2 Partner Visa holder have no effect on the conditions of the Tier 2 General Visa holder. They will still need to work for a Tier 2 Sponsor Licence holder in order to maintain the conditions for both of you to remain in the UK (the dependent still needs the Tier 2 General Visa holder to remain in their role). If the Tier 2 General Visa holder chooses to leave their employment, it will be necessary for you both to apply for new visas.
Will My Spouse Be Able To Gain Indefinite Leave To Remain?
Yes, your spouse will be able to gain Indefinite Leave to Remain via one of two main routes. The most likely route is, if they're joining you after you have already lived in the UK for a period of time, that they apply for a Spouse Visa once you (the Tier 2 General Visa holder) have gained Indefinite Leave to Remain after living in the UK for 5 years. The other way is for them to gain their own Indefinite Leave to Remain after being in the UK for 5 years on a Tier 2 Dependant Visa. As a general rule, you need to apply for your Indefinite Leave to Remain at the same time in order to be eligible.
Once you have both gained Indefinite Leave to Remain, you will both be able to remain in the UK without restriction. Once you have had Indefinite Leave to Remain in the UK for 12 months, you will then be able to apply for British citizenship if this is the route that you indeed choose to take. Many people decide to take on British citizenship, as Britain allows its citizens to hold dual nationality. You will need to check whether your country of origin also allows this in order to take advantage of dual nationality.
What About Our Children?
You will be able to apply with your children at the same time as yourself if you are looking to join your spouse in the UK. Just like your own application, the application for children to join their parents in the UK must also be made online. They will also need to meet the maintenance requirement of £630.
For the purposes of the application, a child is defined as a child under 18 years of age, or a child over 18 if they are currently in the UK as a dependant. It is important that you understand the difference between adult dependants and child dependants, as this will make a significant difference to their rights to move to the UK in order to live with you. The process for bringing adult dependants can be a little trickier and if you need help with this then please get in touch and our team of immigration experts can help you.
Where Can We Get More Help?
If you need more help with a Tier 2 Dependant Visa query, then please get in touch. Our experienced immigration lawyers are experts in helping those on a Tier 2 General Visa to bring their dependents to the UK in order to live with them. So get in touch today, and our immigration specialists will be more than happy to help look at your case.