# Tier 5 Visa and marriage?



## CrazzzyBlonde (Jun 24, 2011)

My boyfriend from Canada is moving over to the UK next year hopefully on the tier 5 visa. By the time the visa has run out we'll be engaged. After its run out we planned on going to Canada for a couple of months to apply for the Unmarried partner visa then come back to the UK.
Thing is, what woud happen if we got married whilst he is on the tier 5 visa and then tried to apply for the unmarried partners visa? I'd only be 18 when we would need to get it and the married partners one you have to be 21 to apply for. He'd be 21 but id still be too young. We would have been together for 3 years by then too. Would they refuse to let us have the married couple visa if i was only 18?


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## ClaytonP (Apr 15, 2011)

I think they will refuse you the visa because of your age. Check the border agency page here: 

UK Border Agency | Husbands, wives and civil partners

It says you must show that both are 21. Sorry to be the bearer of bad news, maybe if he finds a good job, he can change visa categories. Look at the requirements for Tier 2. Or you could potentially live in Canada for a while together until you're 21.


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## Joppa (Sep 7, 2009)

CrazzzyBlonde said:


> My boyfriend from Canada is moving over to the UK next year hopefully on the tier 5 visa. By the time the visa has run out we'll be engaged. After its run out we planned on going to Canada for a couple of months to apply for the Unmarried partner visa then come back to the UK.
> Thing is, what woud happen if we got married whilst he is on the tier 5 visa and then tried to apply for the unmarried partners visa? I'd only be 18 when we would need to get it and the married partners one you have to be 21 to apply for. He'd be 21 but id still be too young. We would have been together for 3 years by then too. Would they refuse to let us have the married couple visa if i was only 18?


Not an easy situation. First, as stated, he will be refused any sort of settlement visa (married or unmarried partner) if you are under 21 on the day he enters UK for settlement. You can get married while he is in UK on his Tier 5 Youth Mobility Scheme visa, but that confers him no right to settle (live long-term with you) in UK because of your age. In any case he cannot switch to any other visa while he is on Tier 5 YMS, and has to return to Canada to apply for a fresh visa. Tier 2 sponsored work visa is a possibility, but it's very difficult to find a sponsor willing and able to go through it because of costs and limited chance of success. Basically anyone who comes over on Tier 2 must not take a job from British and other EU workers able to do the same job (with a few exceptions such as intra-company transfer and sole representative), and with almost 3 million unemployed, it will be particularly difficult, esp for young people with little experience or no skills or qualification in a shortage occupation.

So for any kind of a life together in UK, you have to wait until you are 21. I don't know what the requirements are for settling in Canada as spouse or unmarried partner.


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