🔄 Can a visitor switch to residency while in the UK?

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A very common question, especially from spouses of U.K. citizens. Especially from nationals who don’t need a visa for 6 months, called the non-visa nationals in the Rules, such as Australians, Americans, Malaysians etc. Seems logical on the face of it: come for 6 months, then switch to a Spouse/Partner visa, financial requirements being met, what’s the problem? The ‘problem’ is the law simply doesn’t allow that, it’s what we call "Just a rule".


The term ‘visa’ can be confusing. In UK law it means a Visitor visa, basically a tourist visa. Any other permission, like work or family, isn’t a ‘visa’. It’s a leave to remain or entry clearance, or permission of stay, but not a ‘visa’ in the legal terms. So, when you see "no visa is required for 6 months", it means no visa for tourist purposes or business visits. Visitors cannot work, cannot use the NHS or attend state schools.


When you come here as a visitor, you can stay for 6 months. That’s 6 months from each entry, not 6 months per year, and certainly not 90 days in 6 months like in Europe.


Visitors cannot switch to a Spouse visa, even after being married to a U.K. citizen for a long time. You’d have to return to your country of residence and apply for a Spouse entry clearance from there. Same for other categories, such as Skilled Worker or Student , Global Talent etc. There are some exceptions, such as under EU Settlement Scheme or creative work visas. 


For an individual advice - please book a consultation here. Our guidance and experience is going to increase your chances! As always, a consultation fee counts towards our full service! 


1st 4Immigration is one of the most experienced UK immigration law companies, OISC - accredited at the highest Level 3. We have been in business for over 15 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN

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