# Chinese partner: Tier 5 (government exchange) to fiance/spouse visa from inside UK?



## RobsterinSheff (Mar 14, 2013)

Myself and Chinese partner are very serious though it’s only been 6 months (as of today). Our view is I am 47 and she is 42 and you don’t really need to mess around/ dance around each other at that age. We both want similar things. I trust her.

By the time of her T5 expiration we will have been together 10 months. In an ideal world (where UKBA did not exist !!) we would like to take our time a bit longer and marry next year.

But visa expiration and UK immigration law are rearing their ugly heads so ‘plans to marry’ (fiancé visa) or ‘actual marriage’ (spouse visa) are the clear solutions to our situation…

…so I would like to ask posters some questions.

Firstly, some context in anticipation of info posters might need to give an opinion.

•	She has been resident in UK on a Tier 5 (Chinese government sponsored exchange) visa since January 2011
•	She has taught Chinese language and Chinese studies at a UK university all that time
•	She has a female dependent under 18 years living with her attending Leeds secondary school
•	She has been divorced from a Chinese National since 2007
•	Her current visa expires in mid July 2013
•	I earn well over the Visa financial requirement for spouse/partner and one dependent child (I also work in Higher Education)

**From my research we have the following options**

1.	Fiancé visa- requiring marriage within 6 months of granting and that we have already moved in together/ have clear plans to move in together;
2.	Spousal visa- requiring that we are already married and that we have already moved in together/ have clear plans to move in together.

Both of these visas require subsequent LTR applications at later dates as you already know.

**My key questions are**:

•	Given her/ our circumstances can (1) and (2) be applied for from **within the UK** or does she have to go back to China to apply? I have read much conflicting advice on the internet about this specific issue- some say it’s absolutely impossible to change a T5 or obtain a new visa of any type whilst you remain in UK on a T5; others say that marriage and application for a spouse visa allow wife to remain in UK whilst spouse visa is being processed..??

•	Previous notwithstanding- and assuming for the sake of argument you CAN apply from within UK- which route (1) or (2) would you suggest is ‘best’ i.e. is likely to be the least problematic (I acknowledge UKBA can appear rather idiosyncratic- certainly from the case histories on forums that I have been reading);

•	Should she have to return to China which visa option is best;

•	There is an outside chance her T5 gets extended for another year- in which case we live together anyway from July (we have agreed this now and are already making plans). In that context would posters advise waiting till later in that T5 duration to go for (1) or (2)? Or should we go for (1) or (2) pretty soon after T5 extension granted?

Any comments/ observations/ advice greatly appreciated.

thanks

R.


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