1. Can You Switch from a Visitor Visa to a Spouse Visa in the UK?
Generally, switching from a UK visitor visa to a spouse visa while in the UK is not allowed. The UK immigration rules typically require visitor visa holders to leave the UK and apply for a spouse visa from their home country or another country where they have legal residency. However, some exceptions may apply in rare cases where there are compelling or compassionate grounds.
2. Why Can’t You Switch from a Visitor Visa to a Spouse Visa?
UK immigration rules are designed to ensure that people enter the UK with the correct visa type based on their intended purpose. The visitor visa is intended for short-term stays, such as tourism, visiting family, or attending business meetings, and specifically prohibits any long-term residency or switching to a different visa type. The spouse visa, on the other hand, is a long-term visa that allows the holder to live, work, and settle in the UK with their British or settled spouse or partner.
3. Eligibility Requirements for a UK Spouse Visa
To apply for a UK spouse visa, you need to meet the following criteria:
- Relationship Requirement: You must be married to, or in a civil partnership or long-term relationship with, a British citizen or a person with settled status (such as ILR).
- Financial Requirement: Your spouse or partner must meet a minimum income threshold of £18,600 per year, with higher requirements if you have dependent children.
- Accommodation Requirement: You must show you have adequate accommodation available for you, your spouse, and any dependents.
- English Language Requirement: You must prove your English language ability, typically through an approved English test or by having a degree taught in English.
- Intent to Live Together: You must demonstrate a genuine intention to live together permanently in the UK.
Meeting these requirements is essential for a successful spouse visa application.
4. Applying for a Spouse Visa from Outside the UK
If you’re on a visitor visa, you’ll need to leave the UK and apply for the spouse visa from abroad. Here’s an overview of the steps:
Step 1: Prepare Your Documents
Gather all the required documents, including proof of relationship, financial documents, accommodation details, and English language test results.
Step 2: Complete the Application Online
Submit the spouse visa application online through the UK Visas and Immigration (UKVI) website, paying the necessary application and healthcare surcharge fees.
Step 3: Attend a Biometrics Appointment
Book and attend an appointment to provide biometric information (fingerprints and a photo) at a visa application center in your home country.
Step 4: Wait for Processing
Spouse visa applications usually take 12 weeks to process. If approved, you will receive a visa vignette in your passport, allowing you to enter the UK.
Step 5: Travel to the UK and Collect Your BRP
Once in the UK, you’ll need to collect your Biometric Residence Permit (BRP), which confirms your spouse visa status.
5. Exceptional Circumstances for Switching from Visitor Visa to Spouse Visa
In rare cases, it may be possible to apply for a spouse visa from within the UK under compelling and compassionate circumstances. These circumstances could include situations where:
- Leaving the UK would cause significant harm or hardship due to health issues or other urgent matters.
- There are serious family situations or safety concerns that make leaving the UK challenging.
Applicants must provide detailed evidence to demonstrate why they cannot leave the UK to apply for a spouse visa from abroad. However, such applications are rarely granted, and it’s advisable to consult an immigration lawyer for assistance.
6. Can You Stay in the UK While Waiting for a Spouse Visa Decision?
If you apply for a spouse visa from outside the UK, you cannot legally stay in the UK while waiting for the decision. You’ll need to wait in your home country or another country where you have legal residency until you receive your visa approval.
7. Frequently Asked Questions (FAQs)
Q1: Can I extend my visitor visa while applying for a spouse visa?
A: No, the UK visitor visa is non-extendable for purposes of applying for a spouse visa. You must leave the UK to apply for a spouse visa.
Q2: How long does it take to get a UK spouse visa?
A: Processing for a spouse visa can take up to 12 weeks from outside the UK, though you may expedite the process by paying an additional priority fee.
Q3: Can I switch to a spouse visa if I overstay my visitor visa?
A: Overstaying a visa in the UK is a serious offense and can lead to deportation or a ban on re-entry. It’s important to follow the correct process and apply from abroad if required.
Q4: Is a marriage certificate enough proof for a spouse visa?
A: No, while a marriage certificate is required, additional evidence, like photos, correspondence, joint accounts, and tenancy agreements, are usually necessary to show the relationship’s genuineness.
Q5: Can a dependent child switch from a visitor visa to a dependent visa?
A: Generally, children must also apply for dependent visas from outside the UK. However, there may be exceptions based on individual circumstances.