ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Can wife change to spouse visa whilst visiting UK on VW ?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

Can wife change to spouse visa whilst visiting UK on VW ?

Post by usauk62 » Tue Jan 08, 2008 7:16 pm

Hello to all.
I am a BC been living in USA since I was married to U.S. wife 7 yrs ago here in the states, my question is we plan to fly home to the UK for a visit as my elderly father is ill and depending on his health may stay to care for him if need be.
Is it at all possible for my U.S. wife to apply from within the UK for (or change to) a spousal (not sure which is required) visa whilst there?
I read on the UK govt web site change to another visa while in the UK is sometimes allowed so long as its submitted before the original visa expires.
I have searched this site and not seen such a question and if it is at all a possibility can anyone provide links to actual info please.
BTW I married my wife here in the states while visiting using the VWP and was able to change my status here in the states after we married as the UK and USA have reciprical VW programs (excuse bad spelling).

Cheers
Last edited by usauk62 on Tue Jan 08, 2008 7:44 pm, edited 1 time in total.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Jan 08, 2008 7:20 pm

No - there's not much you can switch to from a visitor visa. She'll need to apply in US beforehand or return home after ur trip and apply.
An chéad stad eile Stáisiún Uí Chonghaile....

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: wife changing from VW

Post by usauk62 » Tue Jan 08, 2008 7:24 pm

Thanks for a speedy reply, I thought possibly because you can do it here in the states as I did maybe she could do the same or similar home in the UK.
Also her fee here for the appropirate visa is now 1050. US and keeps going up every year, amazing.

John

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: changing from visitor to spouse visa in the UK, link

Post by usauk62 » Tue Jan 08, 2008 9:39 pm

" If you have temporary permission to stay in the United Kingdom, it may be possible for you to extend this and stay longer. However, if you came here as a visitor, you will be allowed to stay for a maximum of six months. You will not be allowed to extend your visa beyond six months or to apply for a new visitor visa. In some circumstances, you may be able to transfer to a different category of visa. You should see the appropriate category for more information. ".....

found at:
http://www.bia.homeoffice.gov.uk/ukresi ... dyourvisa/ :!:

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: re: changing from visitor to spouse visa in the UK, link

Post by JAJ » Wed Jan 09, 2008 12:13 am

usauk62 wrote:" If you have temporary permission to stay in the United Kingdom, it may be possible for you to extend this and stay longer. However, if you came here as a visitor, you will be allowed to stay for a maximum of six months. You will not be allowed to extend your visa beyond six months or to apply for a new visitor visa. In some circumstances, you may be able to transfer to a different category of visa. You should see the appropriate category for more information. ".....

found at:
http://www.bia.homeoffice.gov.uk/ukresi ... dyourvisa/ :!:

There is absolutely no reason for anyone to even think about turning up as a tourist with the plan of changing status to spouse.

Spouse visas do not normally take long to process anyway.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Can wife change to spouse visa whilst visiting UK on VW

Post by JAJ » Wed Jan 09, 2008 12:22 am

usauk62 wrote:Hello to all.
I am a BC been living in USA since I was married to U.S. wife 7 yrs ago here in the states, my question is we plan to fly home to the UK for a visit as my elderly father is ill and depending on his health may stay to care for him if need be.
Is it at all possible for my U.S. wife to apply from within the UK for (or change to) a spousal (not sure which is required) visa whilst there?
I read on the UK govt web site change to another visa while in the UK is sometimes allowed so long as its submitted before the original visa expires.
I have searched this site and not seen such a question and if it is at all a possibility can anyone provide links to actual info please.
She needs a spouse visa before leaving the U.S.: http://www.ukvisas.gov.uk

If she arrives in the United Kingdom as a visitor she will have to return to the U.S. to apply for her spouse visa if plans change.

Are you on a green card in the United States or are you a U.S. citizen?
If only a green card, are you aware of the risks that leaving the United States poses for your permanent resident status?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Jan 09, 2008 9:50 am

As long ago as 01.04.03 the UK introduced a "no switching" rule, stopping a visitor's visas being switched to a spouse visa in the UK .... except in truly exceptional circumstances. The Government did this because so many visitors were using this ploy that it simply got fed up and added the no switching rule.

Truly exceptional circumstances? Well something like someone comes from a small volcanic island state and the volcano is erupting! Yes they would accept that, but it has to be something as exceptional as that.
John

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: changing visa

Post by usauk62 » Wed Jan 09, 2008 9:33 pm

I agree it sounds too risky, we will go the visa route obviously for wife
--I have read many sites as to which she should apply for and I see you also now need to have biometrics done...beforehand?
Also am not sure which visa she should apply for...and for that matter am wondering where I have been gone from the UK 7 years if I can just return myself as so much has changed (using my British passport and no visa).
I see there is a 2 year rule now on returning residents, I emailed the home office there in the UK and was emailed back I wouldnt need a visa though Ive been absent over 2 years....but I know from our experience with immigration here they all tell different stories.
advice?

...and yes I have a 10 yr GC and am aware the limitations once I leave the USA.

Regards :)

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Jan 09, 2008 10:13 pm

You are British ... you can re-enter the UK at any time without requiring a visa.

Your wife will need to apply for a 2-year spouse visa. Lots of details including about the procedure, on the www.BritainUSA.com website. Biometrics? Yes, the UK Government is determined to catch those applying under multiple identities! Already, worldwide, 10000 suspicious applications have been detected.
John

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Wed Jan 09, 2008 10:16 pm

John wrote:You are British ... you can re-enter the UK at any time without requiring a visa.

Your wife will need to apply for a 2-year spouse visa. Lots of details including about the procedure, on the www.BritainUSA.com website. Biometrics? Yes, the UK Government is determined to catch those applying under multiple identities! Already, worldwide, 10000 suspicious applications have been detected.
Be interesting to know which nationalities top the list!
An chéad stad eile Stáisiún Uí Chonghaile....

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Wed Jan 09, 2008 10:35 pm

John and JAJ (and anyone else) - would it not be possible for her to apply for ILE? If she flies to the UK, does the Life in the UK test and returns to the US to apply, she can obtain ILE, right? He states he's been married for 7 years, so I think she qualifies.

daphneBUENVIAJE
Newly Registered
Posts: 5
Joined: Fri Jan 04, 2008 12:54 pm
Location: UK

hi

Post by daphneBUENVIAJE » Wed Jan 09, 2008 11:08 pm

Truly exceptional circumstances? Well something like someone comes from a small volcanic island state and the volcano is erupting! Yes they would accept that, but it has to be something as exceptional as that.[/quote]

ehm i was just wOndering, is the fact that my mother is currently having chemo be possibly accepted as an exceptional circumstance for my visitVisa to be reRouted to another categOry?

:) thanx very, very much!

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: life in UK test and US wife..(sakara)

Post by usauk62 » Thu Jan 10, 2008 12:34 am

you mean she'd have to get all the way to the UK to take the test, then leave? ...dunno about anyone else but thats a pricey thing to do isnt it?
john :?: must be some other way for a USC wanting to relocate to the UK to do it beforehand?

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: re: life in UK test and US wife..(sakara)

Post by JAJ » Thu Jan 10, 2008 1:39 am

usauk62 wrote:you mean she'd have to get all the way to the UK to take the test, then leave? ...dunno about anyone else but thats a pricey thing to do isnt it?
john :?: must be some other way for a USC wanting to relocate to the UK to do it beforehand?
The normal way - 2 year spouse visa, followed by an application for ILR after 2 years in the U.K. (after taking the test).

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jan 10, 2008 8:37 am

john Question must be some other way for a USC wanting to relocate to the UK to do it beforehand?
No, there is not, the only place to take the Life in the UK Citizenship test is in the UK. So the plan might be, she comes here as a visitor, knowing that she cannot convert that status to a spouse visa in the UK, but while here as a visitor she takes the test and hopefully passes, then flies back to the US, and applies for her spouse visa, hopefully issued as ILE.

You started this topic with :-
my question is we plan to fly home to the UK for a visit as my elderly father is ill and depending on his health may stay to care for him if need be.
-: so there is some doubt as to whether you will stay here, so entirely feasible she comes here as a visitor first.
John

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: re: life in UK test and US wife..(sakara)

Post by sakura » Thu Jan 10, 2008 1:09 pm

usauk62 wrote:you mean she'd have to get all the way to the UK to take the test, then leave? ...dunno about anyone else but thats a pricey thing to do isnt it?
john :?: must be some other way for a USC wanting to relocate to the UK to do it beforehand?
It may be pricey but it means she has no time restrictions on her stay as compared to a spouse visa. On a spouse visa, if you divorce, she would have to return to the US as the visa is nullified. On ILE, once she enters the UK it means she can stay indefinitely, and she does not have to apply for ILR like she would with a spouse visa.

Works out cheaper, I think (one application rather than two); I thought you were already coming to the UK for a visit anyway?

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: wife taking life in uk test....

Post by usauk62 » Fri Jan 11, 2008 1:16 am

i read on the website that a dependant (as wife is) of a UKC is exempt from having to take it.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: re: wife taking life in uk test....

Post by JAJ » Fri Jan 11, 2008 3:28 am

usauk62 wrote:i read on the website that a dependant (as wife is) of a UKC is exempt from having to take it.
She doesn't need to do the test for the temporary spouse visa, but she has to take it to get ILR after 2 years.

vinny
Moderator
Posts: 33225
Joined: Tue Sep 25, 2007 8:58 pm

re: wife taking life in uk test....

Post by vinny » Fri Jan 11, 2008 3:48 am

usauk62 wrote:i read on the website that a dependant (as wife is) of a UKC is exempt from having to take it.
Which website? When applying for ILE/ILR, spouses of a UK citizen are not exempt in general. However, they may be exempt when the British spouse is in a certain category.
Knowledge of language and life in the United Kingdom wrote: If you are outside the United Kingdom

It is currently not possible to take the Life in the UK test overseas unless you are in Crown or designated service or you are the spouse or civil partner of someone in Crown or designated service. If you are outside the United Kingdom you will have to return to the United Kingdom to take the test.

Exemption from meeting the language and knowledge of life in the United Kingdom requirements

Exemption because of your age
If you are aged under 18 or over 65, you do not need to meet the language and knowledge of life in the United Kingdom requirements. You should send your passport or birth certificate as evidence of your age with your application.

Exemption because of disability
If you have a long-standing, permanent disability that prevents you from learning English you may not have to meet the requirements. You must:

* be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
* have a mental impairment that means you are unable to learn another language.

You should send evidence from a medical practitioner confirming your disability with your application.

If you would require special arrangements to learn English or take the test, you still have to meet the requirements.

Exemption for certain categories of applicants
You will also be exempt from meeting the requirements if you are applying for permanent residence in the following categories (but will need to meet the requirements if you subequently apply for British citizenship, unless you are exempt for other reasons). You are exempt if you:

* qualify for permanent residence under the domestic violence rules (this will apply if you are applying using application form SET (DV);
* are the citizen of another country on discharge from HM Forces (including Gurkhas where the qualifying period has been met);
* are the husband, wife or civil partner of the citizen of another country on discharge from HM Forces (including Gurkhas);
* are a bereaved husband, wife, civil partner or unmarried partner;
* are applying for residence as a parent, grandparent or other dependant relative;
* are applying as a retired person of independent means;
* are the husband, wife, civil partner, or unmarried or same-sex partner of a British citizen or of a permanent resident of the United Kingdom who is a permanent member of HM Diplomatic Service, a staff member of the British Council on a tour of duty abroad, or staff member of the Department for International Development;
* a citizen of the European Economic Area who is applying under the rules allowing free movement; or
* a citizen of Turkey applying under the the rules of the European Community Association Agreement (ECAA) with Turkey for establishing in business in the United Kingdom.

If you are applying in one of these categories, you should ensure you meet the requirements for that category and can provide the documentary evidence to support your application. See the individual categories for more information about the evidence required.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

re: Life test

Post by usauk62 » Fri Jan 11, 2008 2:26 pm

Thanks for posting from the website, i was referring to this bit:
" are applying for residence as a parent, grandparent or other dependant relative; .."
i guess what i am now trying to sort out is wife will get her biometrics done as required..send everything required to the consolute here in the states to obtain a "spouse" visa and i am trying to sort if thats all needs to be done on this side of the "pond".
..if she in fact will have to take the Life in UK test am i correct in thinking after obtaining her visa she can do it in the UK? we are only worried it needed to be done before applying for a spouse visa over here.
..sorry if i confused anyone.
when i was going through US immigration here we got wrong and different answers even from numerous immigration officials here...not being in the UK or near an embassy poses a problem as far as knowing what exactly is required.
we wouldnt want to mess up her sending off for her spouse visa!

Cheers
john

usauk62
Newly Registered
Posts: 11
Joined: Tue Jan 08, 2008 6:28 pm
Location: USA

Re: re: life in UK test and US wife..(sakara)

Post by usauk62 » Fri Jan 11, 2008 3:21 pm

JAJ wrote:
usauk62 wrote:you mean she'd have to get all the way to the UK to take the test, then leave? ...dunno about anyone else but thats a pricey thing to do isnt it?
john :?: must be some other way for a USC wanting to relocate to the UK to do it beforehand?
The normal way - 2 year spouse visa, followed by an application for ILR after 2 years in the U.K. (after taking the test).
...we are thinking now instead of a holiday we may as well just do the visa and move there...so long as she gets a spouse visa and can take the test in the uk once there we are all set.
you all have been helpfull.

cheers
john and deb

Locked