YMS Visa to Spousal Visa - Can't find clear answers

Hi everyone!

I'm a Canadian in the UK on a YMS visa which isn't due to expire until March 2013. My fiancé is a British citizen and we are currently residing Leeds while he goes to Uni. What I am trying to figure out is whether or not we can get married in the UK and if so, do I have to go back to Canada to apply for a Spouse Visa? Or can I complete the whole process in the UK? We have been together for nearly 3 years and we are planning an informal Canadian wedding next August (so we an celebrate with my family in Canada). But we are hoping to speed up the process of me getting a Spouse Visa by getting married officially on paper in the UK first. I've been scouring the internet, but can't seem to come up with any clear answers regarding my specific situation. At best, lots of conflicting information!

Any help or advice would very helpful!
x

found this for you from another YMS thread on this forum - hope this helps answer what you're looking for

The application fee I understand is £500 if you apply by post and £800 if you apply in person at a Public Enquiry Office (PEO). Fee can change at anytime

You can find more information on this link:

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

If you have lived with your British boyfriend for 2 years (and can prove it), you can switch to unmarried partner visa but that's the only category you can switch into from Tier 5 YMS. You can't extend your stay or switch in-country into any other immigration category.

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
http://www.visa-wise.co.uk

Thanks Portico! I have seen that, but then I also saw this from a previous post as well:

Youth mobility scheme is a good option for you as you're between 18 and 31 years old. You'll have to be sponsored by the Canadian government before applying. If your application is accepted, you'll be allowed to live in work in the UK for a total of 2 years. If you meet the requirements, you'll be able to switch to the spouse visa from within the UK but you'll have to apply before your YMS visa expires.

You could also wait until you turn 21 in February and then apply for a fiancé(e) visa. Once you get married in the UK, you'll be able to apply for the spouse visa. Or you can get married in Canada and then apply for a spouse visa.

Hope it helps!

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
London, United Kingdom

The person VisaWise is addressing is in a similar situation to me, so this seems like conflicting information to what you've quoted, but maybe I'm reading it wrong? Confusing.

Pamela x

see this also which I found from a legal firm in the UK

Switching into Unmarried Partner Visa

a) Unmarried Partner of a person present & Settled in the UK

Any person (above 21 years of age) who has resided for at least 2 years with a person present and settled in the UK in a relationship akin to marriage may apply for leave to remain in the UK as an unmarried partner. It is however necessary for that person to have had valid leave to remain in the UK throughout that time, if the relationship developed in the UK. There are also other relevant requirements inherent in this type of application that must be fulfilled and again it is advisable to seek professional advice when making this sort of application.

The application fee I understand is £500 if you apply by post and £800 if you apply in person at a Public Enquiry Office (PEO). Fee can change at anytime

Yea, it isn't cheap is it! haha! We've looked into that and are budgeting accordingly, but how annoying that it can change at any time! Oh the joys of falling in love with someone from another country!

Pam x

Pam, visawise is more knowledgable on this since they are in the UK & have probably dealt with these cases many times.

I would suggest rather than posting here, simply send an email to VW & ask for clarification on which is correct - after all you are just asking based on what VW has posted

IMO, you could switch to partner or fiance(e). If you switch to fiance (e) you must get married within 6 months in the UK

Then since you are on a YMS visa & want to get married, you need to get permission from the PEO office - that done & achieved you be set to switch visa category

VW can discuss this & confirm further based on what I've just posted

@Shevers, if you wish to get married in Canada, then the fiancé visa doesn't apply to you as it's only for foreigners who wish to get married in the UK and stay here with their British spouse afterwards. In your situation, you should get back to Canada before your current leave expires, get married and then apply for spouse visa from Canada.

On the other hand, if you wish to get married in the UK while on YMS, you can do it. Once married, you can switch to spouse visa from within the UK without having to go back to Canada. As we tried to explained in other posts, YMS visa holders can only switch to one of the family category from within the UK. They couldn't for example switch to Tier 1 or Tier 2 as it's not allowed.

Also, we're not sure if that's what you meant but you can't get married "first" in the UK and then in Canada. Once you're married, you're married.

Finally, the unmarried partner visa wouldn't be suitable either as it's only for partners who are not married and don't intend to marry.

We hope it's clearer now but don't hesitate to email us if you need further explanation.

[u]VisaWise | Immigration Consultancy[/u]
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk