Conversion from visit visa to spouse visa

Shumk · Post by **Shumk** » Fri Nov 10, 2023 9:05 am

I came to in august 2017 on tier 2 dependent visa then i left the country in sept 2020. Now I came here again in sept 2023 on visit visa now I want to convert it to spuse visa.
My question is do I meed to go back to my home country for 5 year route or If I apply with in the Uk will they give me 5 year or 10 year extension?
My husband and child both have Uk passport.
And by any chance my previous stay help me in getting my ilr sooner?

Post by **alterhase58** » Fri Nov 10, 2023 9:14 am

Shumk wrote: ↑
Fri Nov 10, 2023 9:05 am
I came to in august 2017 on tier 2 dependent visa then i left the country in sept 2020. Now I came here again in sept 2023 on visit visa now I want to convert it to spuse visa.
My question is do I meed to go back to my home country for 5 year route or If I apply with in the Uk will they give me 5 year or 10 year extension? Yes, apply from home country, for 5/10 year aspect others may comment.
My husband and child both have Uk passport. Not relevant.
And by any chance my previous stay help me in getting my ilr sooner? No.

mgreater · Post by **mgreater** » Fri Nov 10, 2023 12:24 pm

In your situation, you may be eligible to switch from a visit visa to a <<Third party link removed by moderator>> from within the UK. Given your previous Tier 2 dependent visa and the current circumstances with your husband and child being UK passport holders, you may not need to return to your home country for the 5-year route.

Applying within the UK is indeed an option. However, the decision on whether you would be granted a 5-year or 10-year extension will depend on various factors, including your specific circumstances and compliance with immigration rules. It's essential to ensure that your application meets all the eligibility criteria.

While your previous stay might not directly contribute to a faster ILR (Indefinite Leave to Remain) process, a successful and compliant stay could positively influence your immigration record.

To navigate your specific case effectively, I recommend consulting with an immigration solicitor. They can provide personalized advice based on the details of your situation and guide you through the application process.

Post by **secret.simon** » Fri Nov 10, 2023 12:34 pm

I disagree with the advice above.

A visit visa can't be converted or extended to any residency visa (except those under Appendix EU).

As @alterhase58 has advised above, you will need to return to a country where you have the right of residence (i.e. where you are not on a visit visa) and apply for a spouse visa.

Assuming that your husband meets the financial requirements and you meet the language requirements, etc, you should be granted a visa on the 5 year pathway to ILR.

You can and should discuss your situation with an immigration solicitor (we are not lawyers, merely people who have immigrated to the UK and trying to help people on the same journey). Also refer them to this thread for their thoughts on it.

Post by **ALKB** » Fri Nov 10, 2023 12:40 pm

mgreater wrote: ↑
Fri Nov 10, 2023 12:24 pm
In your situation, you may be eligible to switch from a visit visa to a <<Third party link removed by moderator>> from within the UK. Given your previous Tier 2 dependent visa and the current circumstances with your husband and child being UK passport holders, you may not need to return to your home country for the 5-year route.

Applying within the UK is indeed an option. However, the decision on whether you would be granted a 5-year or 10-year extension will depend on various factors, including your specific circumstances and compliance with immigration rules. It's essential to ensure that your application meets all the eligibility criteria.

While your previous stay might not directly contribute to a faster ILR (Indefinite Leave to Remain) process, a successful and compliant stay could positively influence your immigration record.

To navigate your specific case effectively, I recommend consulting with an immigration solicitor. They can provide personalized advice based on the details of your situation and guide you through the application process.

Do you have an official source for where in the immigration rules it says someboday who had a residence permit (which is no longer valid) before, could switch from a tourist to a settlement visa within the UK?

To OP: my personal opinion is, that you should not attempt an application from within the UK. A refusal is likely and will complicate future applications.

Post by **AmazonianX** » Fri Nov 10, 2023 2:19 pm

In sync with @alterhase58 and @ALKB, it will do you well to return to home country to apply for a smooth and probably faster and less costly transition to a pathway that leads to settlement.
If you need to meet English requirement, you can do your SELT GESE Level B1 with Trinity College London before leaving. If other requirements are met e.g. relationship, financial etc, you should be alright.
Attempting to switch in UK while on a visit visa will only complicate things for you and give you hard time.

Post by **Frontier Mole** » Sun Nov 12, 2023 10:55 pm

There is no provision to switch from a visit visa to any other visa route while in the U.K.

If you attempt to try this be assured that the outcome is highly unlikely to be anything other than a refusal. The implications thereafter will cause uncertainty and unnecessary issues going forward. Do the simple and straightforward thing and return home and apply for a spouse visa.

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Conversion from visit visa to spouse visa

Conversion from visit visa to spouse visa

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