"insurmountable obstacles" - tourist to family visa

[graemed]

I paid a level three adviser and just want to check all is correct.

My wife had a 2yr tourist visa (180 days per year allowed) and the adviser said if you want to upgrade this in-country to a spouse visa you need "insurmountable obstacles" reasons. He said it has a high refusal rate and you really should apply abroad.

Is this right please?

[CR001]

You cannot switch to a spouse visa within the UK while here on a visitor visa. There is no such thing a 'upgrading' from a visitor visa to another visa category within the UK.

She must apply from her home country.

Bear in mind that for a visitor visa, she would have had to prove strong ties to her home country. That in itself will make it very difficult for you/her to prove 'insurmountable obstacles'.

[graemed]

Thanks for replying.
What I was told was called FLR (M).

[CR001]

Thanks for replying.
What I was told was called FLR (M).

FLR(M) is the form for those who are already in the UK on a spouse visa or on 6 month Fiance Visa and who are applying for an extension or for those who are in the UK on other residence visas switching to FLR(M).

It is not and cannot be used to switch from a visitor visa to a spouse visa. She must apply for a spouse visa from her home country.

[graemed]

Many thanks - got you

[TODMATT]

I paid a level three adviser and just want to check all is correct.

My wife had a 2yr tourist visa (180 days per year allowed) and the adviser said if you want to upgrade this in-country to a spouse visa you need "insurmountable obstacles" reasons. He said it has a high refusal rate and you really should apply abroad.

Is this right please?

It is true but the refusal is extremely high and I still saw 3 recently on other platforms.

[graemed]

Thank you. I’ll get the wife to apply outside of UK

[AmazonianX]

Thank you. I’ll get the wife to apply outside of UK

That will be the proper thing to do and in your nesy interest for an hassle free successful outcome.

[AmazonianX]

Thank you. I’ll get the wife to apply outside of UK

That will be the proper thing to do and in your best interest for an hassle free successful outcome.

[graemed]

Yes. Though very unfair, slow and pricey.

[Ticktack]

Yes. Though very unfair, slow and pricey.

How is that unfair. Everyone else has to jump through the same hoops. It actually would be unfair to countless others to allow you do this in country.
Procedures and policies is a no respecter of anyone. Equality before the law.

[AmazonianX]

Yes. Though very unfair, slow and pricey.

Unfair? The allowed legal rights under each visa category is clearly well spelt out.
Ticktack succinctly put it.

[graemed]

As in it means your wife or husband is abroad whilst the HO take 6mo plus to look at the app.

[Ticktack]

As in it means your wife or husband is abroad whilst the HO take 6mo plus to look at the app.

Families have been torn apart for much longer. A British Citizen relocation to the UK with non-British spouse would be torn apart for almost a year at the minimum.
Spouse has to move here, find a job, work for 6 months (except they have tons of cash), then start the application there after. It's nightmare situation, but it is what it is.

[graemed]

Ohh yes and only found this out this year. Before this never knew the Home Office was slow, disorganised, illogical…

[vinny]

Difficult to switch in-country.

[vinny]

Moreover, Home Office “has no idea” of the impact of immigration policies

[graemed]

Agreed or they don’t don’t care - the politicians in power really

[JB007]

Families have been torn apart for much longer. A British Citizen relocation to the UK with non-British spouse would be torn apart for almost a year at the minimum. Spouse has to move here, find a job, work for 6 months (except they have tons of cash), then start the application there after. It's nightmare situation, but it is what it is.

They could continue to have their family life in the country they are living in, or in the country of the spouse etc. Choosing to move to the UK is not being "torn apart" as they made that choice.

From the article vinny has linked before.
There’s actually no right to family life in the UK
https://freemovement.org.uk/article-8-r ... in-the-uk/
As that article was written before Brexit, I assume that it now applies to EEA citizens too?

Even 6 months for a visa is still quick compared to some other western countries. e.g. Somebody on another site stating it's now a 2 year wait for a spouse visa to Canada and the US has always had a long wait for a spouse to join their partner in the US. Although visas to those countries are cheaper.

[JB007]

Agreed or they don’t don’t care - the politicians in power really

Not so long ago, the UK used to have a Primary Purpose Rule for those wanting to live in the UK as a spouse. That required immigrants to show that a marriage was not entered into to obtain admission to the UK.