Visitors visa to spouse/family visa

[Liria]

I am British Citizen. My husband is in the U.K. on a visitor visa (6 months). We have two daughters born in the U.K. both are under 7 years old. Can my husband switch from visitors visa to spouse or family visa within the U.K.?

[CR001]

No he can't. He needs to apply from his home country for a spouse visa.

[Liria]

Hi

Even if he has children here which are 1 years old and 1 month old?

[AmazonianX]

Hi

Even if he has children here which are 1 years old and 1 month old?

Not that he cannot attempt to switch however it is an abuse and circumvention the Immigration process. If he says he is a visitor then be a visitor.

[secret.simon]

Hi

Even if he has children here which are 1 years old and 1 month old?

Even then. One cannot switch from a visit visa to a spouse or work visa. They would need to leave and reapply from scratch.

And if they overstay their visit visa, that would have implications for both their future immigration applications and any future naturalisation application.

[vinny]

Difficult.

[sam550]

Too costly, painstaking, time consuming, could seriously effect mental health and have serious consequences on person/relationship (personal opinion) so please don’t do it, go back to the home country and follow the correct procedure for Spouse Visa.

[Ticktack]

Hi

Even if he has children here which are 1 years old and 1 month old?

There are no special circumstances. The law is the law! If you go down this route, be ready for a long painful life of lawyers, appeals and long route to citizenship. The cons far outweigh the pros!

What you save if airfare, you pay double or treble on your visa outside the rules route.

[scottgels]

Sorry to jump in on this but was actually planning to do the same.

Under what circumstances would somebody apply for it whilst in country if not already present on another type of visa? I'm confused because they list a price for in country and overseas. The in-country price is significantly cheaper.

Just trying to understand more myself. Apologies for the hijack but the answer may help the OP too.

[JB007]

Sorry to jump in on this but was actually planning to do the same.

Under what circumstances would somebody apply for it whilst in country if not already present on another type of visa? I'm confused because they list a price for in country and overseas. The in-country price is significantly cheaper.

Just trying to understand more myself. Apologies for the hijack but the answer may help the OP too.

The rules don't allow somewbody in the UK on a visitor visa, to apply from the UK for a spouse visa. The visitor requirements to enter are that they have strong ties to their own country and will leave the UK.


You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less

However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce
https://www.gov.uk/uk-family-visa

[secret.simon]

Under what circumstances would somebody apply for it whilst in country if not already present on another type of visa?

You can generally (not always) switch from one form of non-visit visa to another within the UK.

You can't switch from a visit visa to another form of visa. Even during the pandemic, visit visas for visitors already in the UK were extended, but no provision for switching to other visas was introduced.

[AmazonianX]

Sorry to jump in on this but was actually planning to do the same.

Under what circumstances would somebody apply for it whilst in country if not already present on another type of visa? I'm confused because they list a price for in country and overseas. The in-country price is significantly cheaper.

Just trying to understand more myself. Apologies for the hijack but the answer may help the OP too.

What is considered a cheaper price ends up costing so much in time and fees/money. Better off to go to home country and apply from there.

[vinny]

You can't switch from a visit visa to another form of visa. Even during the pandemic, visit visas for visitors already in the UK were extended, but no provision for switching to other visas was introduced.

At some times during the pandemic, there was a Covid concession allowing visitors to switch. When they had allowed visitors to switch, some wording was:

If you decide to stay in the UK, you should apply for the necessary permission to stay to regularise your stay. You’ll be able to submit an application form from within the UK, whereas you would usually need to apply for a visa from your home country.

Unfortunately, the current wording is different:

In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.

[Liria]

I am currently processing the application via a solicitor. I have been told that the process can be done and is considering an “Exceptional circumstance” due to that fact that he has two British citizen daughters. We are switching to a leave to remain 10 year route.

[vinny]

Ask him how to overcome Younas?