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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm wanting to marry my partner, he is currently on a t5

Resolved Question:

Hi I'm wanting to marry my partner, he is currently on a t5 work visa until Dec at the moment he won't be settling in the UK due to working all around the world. He will be back in the UK next year again working. I need to make sure we can marry and he can work whilst here if we do it this year or next
Thank you
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Thomas replied 3 months ago.

Hi

What is your nationality please?

Do you earn more than £18600 per annum?

Tom

Customer: replied 3 months ago.
I am British he is morrocan I earn about 12000 he earns about 15000 a year
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your patience.

If your husband is proposing to enter the UK on a temporary T5 visa then you can marry provided that you can provide your identities/addresses and give notice of the marriage to the registry (who will confirm it to the home office)/

However, the barrier to him switching to a spouse visa is that there is a financial requirement, which means that unless you have consicerable savings then you as the UK spouse would have to earn more than £18600 per annum in order for him to apply. The financial requirement is here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf

The further barrier is that if he is on a tier 5 visa then he would not be permitted to a spouse visa without leaving the country and applying from his home country.

So, if you marry then he would have to stay on his tier 5 visa until such time as you have upped your salary to above £18600 per annum and then you could apply from his home country provided that you meet the eligibility criteria for a spouse visa which is here:

https://www.gov.uk/join-family-in-uk/eligibility

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 3 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
Hi thank you my salary isn't likely to get that high is there any other options we have apart from him continuing to work here on a t5 and will he still be grated t5 visa for work if we are married as a lot of his work is in the uk.
Thanks
Expert:  Thomas replied 3 months ago.

Hi,

Unfortunately, if you cannot raise your salary then your options are limited. It would mean that he should have to continue on his current visa until you are able to raise your salary.

I am sorry.

Please do remember to leave feedback

Tom

Expert:  Thomas replied 3 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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