I am in a relationship with a Filipina who is a live-in domestic worker for a UAE family living in London. She has a Tier 5 visa and BRP for two years, expiring in August 2022. However, her work contract expires in April 2021, and she wants to stay in the UK. Our intention, of course, is marriage or civil partnership but we need advice on what to do when her work contract expires. How could she find another work sponsor to cover the remaining visa period? If she moves in with me in April, can she apply for a family visa immediately? Could she "work" for me? Any advice would be extremely welcome, believe me!
Hi roofdweller and here Others will probably correct me but I noticed no-one has replied to your questions so I will kick it off. Sorry, I have no experience with Tier 5 visas. I think she will have to leave the UK when her visa ends. Don't let her overstay her visa end date. I think it is going to be difficult for her to remain living with you as you do not have a spousal or fiancée visa. Tread carefully
Thanks for your reply but I think you misunderstood the situation. She's a live in housekeeper in London, not living with me. The question was about what can be done when her work contract ends - she'll still have over a year left on her visa and BRP.
Hi again. You mentioned "If she moves in with me in April, can she apply for a family visa immediately?" This sounds inappropriate as you are not married (with her arriving in the UK with a spousal visa in her passport) and she also did not arrive on a fiancée visa.
Bad choice of term on my part - I'll correct - "Can she apply for any kind of visa that would allow her to stay in the UK" At the present time she can remain in the UK on her Tier 5 visa until August 2022, but to take that route (and buy us some extra time to sort things out) she will need another sponsor from April 2021. That is, unless it can be replaced by another more appropriate visa (e.g. fiancee / spouse / anything).
It is my understanding that she will have to leave the UK when her present visa expires and you will both have to decide which visa you want to apply for in the future. Search on this forum for more info regarding your options. I married in the Philippines and she got her spousal visa to enter the UK.
I may be proved wrong..but she might be allowed to switch to a settlement visa while shes still in the UK.
Mattecube keeps up with these things also, bigmac. I have been out of the visa loop for many years now.
Yeah..he usually puts me right. But i think i read some time back that immigrants on working or student visas could switch to settlement visas..if they found a partner who meets the requirements.
I have no experience of Tier 5 visas, but here are a few links that may or may not help, https://www.gov.uk/government/publi...ion-for-uk-visa-under-tier-5-temporary-worker, then their is this but this needs very careful consideration by you personally. https://www.lexology.com/library/detail.aspx?g=6ae2241b-e62d-4fb2-a896-34311360159b
This is correct the other options are find another tier 5 sponsor or find a tier 2 sponsor in line with government visa requirements, all to be done prior to the current visa running out. See detail here https://assets.publishing.service.g...Tier_5_Temporary_Worker_Guidance_05-04-19.pdf
Thanks for all the pointers, I'll be reading every document! On first look, it seems as if application for a family visa is the way to go. I was confused by the term "finacee visa" but I now understand that it's the same thing. There's no problem with the 'you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months' rule and we have all the evidence for the other requirements. I'm encouraged!
The fiancé visa route is only for those applying from overseas who wish to come to the UK to marry or form a civil partnership within six months.
Yes, I understand that that's the case, but there seems to be an option if she gets another sponsor and we marry within the next 18 months of her applying while she's in the UK - 'If you’re in the UK: If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your spouse or partner' One thing is for sure, we're going to need very good legal advice! BTW you keep mentioning 'fiancee visa' - I can't find reference to such a thing anywhere on the gov.uk visas and immigration website, only 'family visa' - am I missing something?
Hi I've only mentioned fiancee visa in response to your post 12, your not missing anything ,many visas are captured under family visa, however the family visa heading is very generic and it is only when you start selecting the visa route you want that specific rules on that route become apparent. In many visa switching cases there are timescales involved, for instance a partner is someone who they class as "you having lived together akin to marriage for 23 months.So its these sort of rules that need looking at as you persue the visa route that suits. Note they use the words"might be able to" Getting another sponsor would be good, as you can use the time in the UK on a tier 5 visa to count towards your qualifying time for ILR (5 years) switching visas may reset the ILR clock. Does this help?
Spouse visa...is settlement:spouse...valid for 30 months to bring into the UK ones husband or wife Fiance(e) visa..is settlement :marriage...valid for 6 months to bring in the intended spouse to be.
