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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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thereI need some advice. I have English and Australian

Resolved Question:

Hi there I need some advice. I have English and Australian Passports and earn £41K per year. I have been dating a Japanese woman (DOB July 75) since July 2014 and have lived together since August 2014 in rented accommodation. She is here on a work visa which expires April 2016. Her job is concierge and she earns £26K per year. It is unlikely her work will extend her visa. I need to stay until Dec 2016 for a project I am working on. What are my options for keeping her here until then? After then we would want to move to Australia.

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Do you intend to marry her and does she intend to work after her visa expires until the time you both leave the UK?
Customer: replied 2 years ago.

UKSolicitorJA

Yes, but the problem is that even if we married before she leaves April 2016 - we have not been together for 2 years. I believe this is a criteria for obtaining a spouse visa. Ideally I would like to postpone marriage as long as possible - would she be able to get a fiance visa if she left in April and came back after a new fiance visa was granted?

Expert:  UKSolicitorJA replied 2 years ago.
You may marry anytime. There is no 2 yearwaiting requirement to apply for a spouse visa.

If you get married before her current visa expires, she may apply for further leave to remain in the UK as your spouse as you are earning more than 18,600 pounds per annum.

But if you do not intend to get married, she may leave the UK and come back as a visitor. A fiancee visa is if you intend to get married.
Customer: replied 2 years ago.

Thanks.

So the 2 year period only applies to de-facto relationships?

Expert:  UKSolicitorJA replied 2 years ago.
correct.

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UKSolicitorJA, Solicitor
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