Wedding & work advice needed

Hi everyone!

My partner (British) and I (US expat) are living in the UK.  I’ve been on a Tier 2 visa the past 32 months (12 mos of Tier 4 prior).  We got engaged October 2016 and are planning a wedding for September 2018 with a small celebration of sorts both sides of the Atlantic. Might be worth noting we have proof of relationship for 7 years and have lived together in the UK for 4 years.

I’ve got two things we’d really like insight and any help on: Tier 2 to marriage visa change and where to get married.

Tier 2 to spouse visa

First off, I need to leave my job - it’s just not working out for me – even though this means abandoning my current Tier 2 visa.  I intend to apply for a new job and am hoping to secure another Tier 2 visa (same or new sponsor) therefore building on the current time I’ve had on this visa to reach 5 years and secure ILR. Should I not be able to get a new Tier 2, we are willing to getting married a bit earlier than scheduled since the proper wedding won't be too far behind. I would then apply for the spouse visa to remain in the UK.

Q1:  Am I able to switch from Tier 2 to Spousal visa while based in the UK with less than 6 months left on my Tier 2 Visa?

Q2: What is the marriage notice period relevant for us? Again, he's British, I'm American (been here for 32 months on T2).


 Wedding Location

Secondly, we are not sure where is legally advantageous for us to get married: the UK or the US. We are intending to stay in the UK for the next 2-3 years, however we both intend to move across to the US following this (maybe 2020).

As far as we can gather, we would be better off signing documents in the UK because I could make the straight transition to a spousal visa within the UK (if Tier 2 above doesn't work).  When the time comes, my partner and I could apply for his greencard and do all the procedures in London (where we live) which appears to be a third of the price and time frame than to do so in the US. This would also obviously cut out the need to fly to the US for various appointments. 

Q3: Can anyone advise whether our thinking is correct or if we are missing anything?

Ideally, if not a visa issue, we would like to marry in the US as part of our wedding ceremony but not if it means causing us serious problems or unnecessary roadblocks in the future.  As we would not be staying in the US after our September 2018 wedding, our intention would be for my fiancé to enter on an ESTA and for us not to apply for his greencard until closer to the time of our move.


Thanks in advance for any help!

Yes, you can switch from Tier 2 to the spousal path in country.  There is no time limit requirement remaining for your visa, just need to have not expired.  Do go into resetting the clock to ILR to a full five years with eyes wide open.  The spouse path will likely cost circa £10,000 over the next fiver years.  Definitely try to secure a Tier 2 instead as you are more than half way there!

Plan on having to wait up to 70 days after giving notice before marrying if in the UK.

I was in the UK and changed to FLR(M).  We chose to marry in the USA as we couldn't be asked to jump through all the UK hoops.  It's inifinitly easier.

UKVI only wants you to be legally married.  They don't care if that's here or the US.  People have destination weddings all the time.

First off, I need to leave my job - it’s just not working out for me – even though this means abandoning my current Tier 2 visa.  I intend to apply for a new job and am hoping to secure another Tier 2 visa (same or new sponsor) therefore building on the current time I’ve had on this visa to reach 5 years and secure ILR.

Don't leave your sponsor until you have a new job because if you have a gap of more than 60 days between leaving your present sponsor and getting a new valid application in for another Tier 2 visa, it resets your '5 years to ILR' clock to zero.

Don't leave your sponsor until you have a new job because if you have a gap of more than 60 days between leaving your present sponsor and getting a new valid application in for another Tier 2 visa, it resets your '5 years to ILR' clock to zero.

Sirius, what if you visa curtailment date hasn't passed but it's been more than 60 days since you left your employment?  Does that automatically reset the clock?

Sirius, what if you visa curtailment date hasn't passed but it's been more than 60 days since you left your employment?  Does that automatically reset the clock?

Yes, that's what the immigration rules states. Termination of employment with their old sponsor to a new application submitted for a new work sponsor, must not be more than 60 days to keep their continuous stay for ILR.

Immigration Rules part 6A   245AAA
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system

The guide for Home Office staff to calculate continous leave for ILR. From page 20.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606963/Calculating-continuous-leave-v15.0.pdf

They can still have a new Tier 2 visa if they put an in time valid applicaiton in, but if they had wanted ILR, then they have reset their ILR clock to zero. They then have the problem of the 6 year cap for a Tier 2 General visa if they won't make the 5 years needed for ILR.

Yes, that's what the immigration rules states. Termination of employment with their old sponsor to a new application submitted for a new work sponsor, must not be more than 60 days to keep their continuous stay for ILR.

Immigration Rules part 6A   245AAA
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system

The guide for Home Office staff to calculate continous leave for ILR. From page 20.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606963/Calculating-continuous-leave-v15.0.pdf

They can still have a new Tier 2 visa if they put an in time valid applicaiton in, but if they had wanted ILR, then they have reset their ILR clock to zero. They then have the problem of the 6 year cap for a Tier 2 General visa if they won't make the 5 years needed for ILR.

Interesting.  I know someone this will affect...  I bet they have no idea.  I had no idea!

Interesting.  I know someone this will affect...  I bet they have no idea.  I had no idea!

This 60 days to get a new application in, is in addition to the time spent working their notice with their sponsor if they are let go.

Those chosing to leave their sponsor, find a new sponsor before they terminate their employment with their present sponsor.

Thanks for the input folks.

KFDancer - why do you say getting married in the U.S. is infinitely easier? We are thinking that the eventual green card application would be easier in the U.K. due to processing times and fees.

Thanks for the input folks.

KFDancer - why do you say getting married in the U.S. is infinitely easier? We are thinking that the eventual green card application would be easier in the U.K. due to processing times and fees.

Most places in the US have little to no waiting periods and very small costs.  We were married in 2012 in NYC for $45 and no wait.  Just rocked up with our passports and were done.  No government involvement.  Even though we were living together in the UK, we chose this path. 

Had we married in the UK, we would have had to traveled to a notary office, given notice, waited a month, and then marry for several hundred ££.  Dates were totally dependent on when appointments were available.  And the added complication of witnesses meant someone would be asked and others excluded.  It just wasn't right for us.

Thanks for the input folks.

KFDancer - why do you say getting married in the U.S. is infinitely easier? We are thinking that the eventual green card application would be easier in the U.K. due to processing times and fees.

It's easier because the UK citizen does not need a visa to marry in the US, as long as they don't intend to remain in the US afterwards, and there's no waiting period. But the US citizen DOES need a visa to marry in the UK and there is a long waiting period.

So, by marrying in the US, you can save time, skip the fiancé visa altogether and save yourself almost £1,000 in visa fees.

For example:

Marrying in the US
- UK citizen flies to the US as a visitor
- you get married maybe 2 or 3 days later
- UK citizen flies back to the UK
- US citizen applies for 33-month spousal visa to move to the UK
- once the visa has been approved, they fly to the UK, where they can work and use the NHS immediately

Total visa cost = £1,463 plus £600 IHS surcharge = £2,063 (plus £551 priority processing if you wish to pay for it)


Marrying in the UK
- US citizen applies for a fiancé visa and moves to the UK
- they cannot work and are not entitled to free NHS use, so must take out health insurance
- after they have been resident for 7 days they can give notice to marry
- they then have to wait 28 days after giving notice before they can marry... (but this could be extended to 70 days if the case is referred to UKVI because she has a visa)
- you get married after the notice period
- US citizen applies for 30-month FLR(M) visa to stay in the UK
- once the visa has been approved, they can finally work and use the NHS for free (takes 6-8 weeks by post or you can pay for an in-person appointment for a same-day decision)

Total visa cost = £1,464 (plus £551 priority) for the fiancé visa, then £993 plus £500 IHS surcharge (plus £590 in-person appointment) for the FLR(M) visa
= £1464 (or £2,015) + £1,493 (or £2,225)
= £2,957 to £4,098



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Thank you both.

Re. the greencard process when we move to the U.S. for a while (2-3 years), is it easier/less costly/quicker to process in the U.K. or U.S.? Preliminary research suggests U.K. is 1/3 of the wait time and cost, plus all things medical can be done via the U.S. embassy.

Thank you both.

Re. the greencard process when we move to the U.S. for a while (2-3 years), is it easier/less costly/quicker to process in the U.K. or U.S.? Preliminary research suggests U.K. is 1/3 of the wait time and cost, plus all things medical can be done via the U.S. embassy.

The US all in (including medical) is approximately $1,000 and it's a ten year greencard if already married.  Processing times vary wildly from less than 4 months to much longer (depending on how quickly you chose to move through the stages).

The UK all in will cost circa £10,000 over the next five years but can be processed much more quickly depending on the time of year.  (Often as little as a month).

A UK