Changing status: Work permit to foreign spouse

Hello

Been in the UK on a work permit since November 2003.   It expires May 4, 2005.  I am not 100% sure my company will be extending my work permit.

On a side note, I am engaged to a Brit.  We plan to marry in 2006, but if my work permit is not extended, we were planning to elope now and hold the "real deal" as scheduled in 2006 so I can at least apply for a job anywhere in the UK.

Is this as easy as it sounds?

Thanks!
 
 

If you decide to get married early to remain in the UK, you'll need to return to the US once you're married and apply for the spousal visa.  Once you have this, you're able to live and work in the UK freely.

Alternatively, if you and your fiance have been living together at least 2 years, you may be eligible for the Unmarried Partner Visa, which gives you the same privileges as the spousal one, but would allow you to wait to be married.

Check out the Visa and Citizenship Board on this website for more detail on these processes.

Are you sure I have to go to the US to apply for a spousal visa?  I never had a fiancee visa because I am on a work permit and met him after I had already come to the UK to live and work...
I heard all I needed to to was apply for  a marriage visa and pay the fee and I would be all set?

Your work permit needs to be valid for longer than 6 months. Since yours is scheduled to expire in May, you don't have the necessary time to do an in country switch. I would verify that with a call to the Home Office but from all of the literature I've read that's the requirement.

You need to have been given leave to remain (i.e. a work permit, student visa, etc.) for longer than 6 months in order to apply for a spouse visa from within the UK (unless you have a fiance visa).  As you say that you were on your work permit in 2003 & it expires in 2005, you'll be fine.  It doesn't matter how much time is left on your visa, as long as it was issued for longer than 6 months. 

The only restriction is that you must apply for the spouse visa before your work permit expires... (it doesn't matter if your work permit expires AFTER you've submitted the application but before the spouse visa is granted, you will stay on your previous status until the application is decided).

You can find this on the IND website, http://ind.homeoffice.gov.uk (it's not working for me at the moment, otherwise I would cut & paste the relevant info).