Entering UK on work visa, to join husband sooner than settlement visa will allow

Hi folks, just throwing this out to see if anyone has any thoughts on the matter...

I am married to a Brit citizen. I currently work for a pharma company in the US which is headquartered in the UK and my employers have said they would help me get employment in the UK now that we are moving back because my husband has secured a new job with a British airline.

My husband did not meet the income requirements for the past 6 months to sponsor me right off the bat. We have £32k in savings, which will have been there for 6 months come July 5th. When he starts his new job, he will make more than enough to sponsor me, but we think he will have to work for atleast 3 months before I he will qualify to sponsor me.

So here is the question...if I could get my employer to sponsor me on a work visa, would it be possible to convert that to a settlement visa as soon as we qualify? Say I worked on the company sponsored permit/visa for 6 months, could I apply within the UK for a settlement visa, or am I really stuck alone in the US for several months before we can settle there?

Thanks, in advance, for all of the great advice you provide on this forum.

You can switch from work visas to settlement visas. Just apply when you qualify.

So here is the question...if I could get my employer to sponsor me on a work visa, would it be possible to convert that to a settlement visa as soon as we qualify? Say I worked on the company sponsored permit/visa for 6 months, could I apply within the UK for a settlement visa,

Yes you can if you meet the visa requirements, but your 5 years clock to ILR will start again when you get a spouse visa.

As you/your husband needs to show 6 months of payslips and bank statments with your application, I doubt a 6 month visa would be long enough if you wanted to apply from within the UK.

You will need a Tier 2 (ICT) visa. Here are the rules your company will need to meet to be allowed to sponsor you for a visa to their UK office.
https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/overview

The minimum salary you must earn will rise on 6 April 2015.

Thank you very much, I will write to my company and see if the Tier 2 is something they would be willing to do. I didn't think it would be possible to come over on a work visa when I qualify for a settlement visa technically, but this is encouraging to hear!

Thanks again for the replies!

I didn't think it would be possible to come over on a work visa when I qualify for a settlement visa technically, but this is encouraging to hear!

In fact, what you are proposing to do is exactly what UKVI themselves tell you to do if you cannot yet qualify for a spousal visa.

They suggest that if they can, the foreign citizen qualify for a Tier 2 visa so they can come to the UK to work and then apply to switch to the spousal visa route when their UK income meets the requirement.

The main drawback to this is that usually most people cannot qualify for a Tier 2 visa as they are so difficult to obtain, so they are often stuck and are unable to move to the UK.

Yes you can if you meet the visa requirements, but your 5 years clock to ILR will start again when you get a spouse visa.

But as a Tier 2 ICT visa does not lead to ILR, none of the time on the Tier 2 visa will count towards ILR anyway and they will only start the 5-year clock to ILR when they have switched to FLR(M).

In fact, what you are proposing to do is exactly what UKVI themselves tell you to do if you cannot yet qualify for a spousal visa.

They suggest that if they can, the foreign citizen qualify for a Tier 2 visa so they can come to the UK to work and then apply to switch to the spousal visa route when their UK income meets the requirement.

Tier 2 (ICT) seems to be easier to get than a Tier 2 (General) visa because, as you said, it doesn't lead to settlement

Or get a Student visa Tier 4, which is easier to get but costs loads in loans and fees.

 

But as a Tier 2 ICT visa does not lead to ILR, none of the time on the Tier 2 visa will count towards ILR anyway and they will only start the 5-year clock to ILR when they have switched to FLR(M).

You're right and  I should have made that clearer. I didn't want Oxfan to think that the time in the UK on a Tier 2 (ICT) is counted towards the 5 years to ILR. 10 years yes, 5 years no.

Interestingly, it seems Tier 2 (ICT)s are exempt from the new NHS surcharge according to link KFdancer gave on the healthcare board.

Thanks for the info, I am not too concerned about the ILR timing, more just about getting started with my company overseas without too much a break during the big move. When I read about the Tier 2 visas it seemed to emphasize that they are given to employees whose roles couldn't be filled by a Uk resident, that visas are given to especially skilled workers...as I am just a lowly salesperson, I am not sure what sort of ammunition they would have to support my application, but I guess it won't hurt to ask anyway?

Remember that the role for which they are transferring you must be one that can't be done by a UK worker.