Applying Inside the UK

[thedonut]

Hi,

My fiance, my son and I live together currently in the UK.

I am British, she is Canadian. Our son was born in Canada and we came here in December; she entered on a tourist visa (simple stamp) and we returned to Canada prior to that expiring and re-entered a short time ago on another tourist visa.

I have been looking at the immigration rules and discovered the (i presume new?) Apply Within The UK.

Now, we meet all the requirements except she hasn't been given permission to stay more than 6 months. But she has now been here for 7 (with the one-week trip to Canada and back to get another 6 months).

Can we apply this way? It mentions switching from Student, etc.. alternatively, can we apply using the FLR(O) to extend her visitor pass and then apply using the FLR(M)?

Our son is 13 months old, if that means anything.

What's the best way to do this, as currently it looks like applying within the UK in hopes that they allow it. I have a steady job and we have a nice home.

[Wanderer]

I suggest she return home ASAP, visits are only supposed to be a maximum of six months in any twelve, and popping out and popping back in again isn't playing the game, the IO's usually are vigilant in spotting that, and if caught it means a black mark and the neccessity to formally apply for a visit visa in the future. Also it never looks good when applying for settlement visas.

Also, there is no switching allowed from visit visa, except in extreme circumstances (like terminal illness) so I suggest a quick return and a formal application for a fiance visa from Canada.

SWitching is allowed from student ,etc, but not from visit visa.

[batleykhan]

I am sorry but it is not possible to do what you are asking.

You can not switch from a tourist visa to a fiancee visa whilst in the UK.

Your fiancee and son will have to leave the country and apply for the approppiate visas from Canada .

You should have no problem if you meet the requirements.

I would not attempt to apply from UK as you will only create major problem if they were to make any subsequent applications in the future.