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From visitor to spouse - within UK

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

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chapsofc
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Another question

Post by chapsofc » Fri May 27, 2011 3:31 pm

Hi, I live in UK and my status is settled (ILR), I am love with a girl who is simply on visitor visa, can I mary her and get her to stay with me without sending her back home and apply for her visa from there, can she change status from vist visa to spouse visa with going back..?

Thanks

joh118
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Re: Another question

Post by joh118 » Fri May 27, 2011 3:37 pm

chapsofc wrote:Hi, I live in UK and my status is settled (ILR), I am love with a girl who is simply on visitor visa, can I mary her and get her to stay with me without sending her back home and apply for her visa from there, can she change status from vist visa to spouse visa with going back..?

Thanks
It is impossible to switch visa status from a visitor to a spouse or pretty much any other visas.

She will have to leave the UK and apply for the relevant visa from her home country.

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Casa
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Post by Casa » Fri May 27, 2011 3:38 pm

Are you both over 21?

chapsofc
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Post by chapsofc » Fri May 27, 2011 3:43 pm

Yes we are both over 21, I was reading on UKBA website that because now we do not require COA (Certificate of Approval), here is what info I found on UKBA website

***Changes to marriage/civil partnership requirements

From 9 May, any migrant subject to immigration control wishing to give notice to marry or register a civil partnership in the UK will no longer need:

- a certificate of approval or,
- an entry clearance for the purpose of marriage or registering a civil partnership or,
- settled status in the UK.***

Kitty
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Post by Kitty » Fri May 27, 2011 3:55 pm

You are right that the COA scheme no longer applies, so you can get married in the UK.

However, if you want your wife to settle here with you, she will have to go back to her home country after you are married and apply for a spouse visa.

http://www.ukvisas.gov.uk/en/howtoapply ... ementguide

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Casa
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Post by Casa » Fri May 27, 2011 4:00 pm

Neither does marriage extend her visa...so you should make sure she leaves the UK before the expiry date of the visitor visa to avoid being considered illegally resident.

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Post by geriatrix » Fri May 27, 2011 7:13 pm

chapsofc wrote:I applied for SET (M)
A new partner?

Are you now divorced? If yes, given that you applied for SET(M) in Nov. 2010, your settlement may come under scrutiny if sponsoring a "new partner" so soon.
Life isn't fair, but you can be!

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