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

By -

 




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

Comments

Post a Comment

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you
Read more

How long can a visitor stay in the UK? 6 months from each entry? In a year? In a calendar year?

By 1st 4Immigration - #1 UK Immigration Experts -
Visitors can come to the UK for purposes of tourism, visiting friends, business visits and similar. Visitors can stay for maximum 6 months in each 12 months . Not 6 months from each entry to the UK. Even if your visitor visa is for 5 or 10 years you can still stay for maximum 180 days in each of those years. How to count ‘6 months in 12 months’? A 12 months period starts from ‘now’, date in question or date of entry etc and you need to count backwards (not a calendar year). If you stayed in the UK for the whole 6 months then you have to stay away for the whole 6 months. If you come and go several times during a year then the total must be 180 days cumulatively in the last 12 months. Visitor rules are the same for all. Visitor visa rules aren’t. Visitor rules include: purpose of visits, no right to work, no right to use the NHS, no right to use the public funds (benefits), no right to switch to more serious visas inside the UK, ie no right to switch to a Spouse
Read more

💸 10 common mistakes when meeting the Financial Requirement £18,600 for a UK Spouse visa

By -
Image
#1 Most common - submitting “everything I have’.  Some payslips, a tax return, some savings plus a property deed for good measure. Surely, should work? It may sound logical to provide as much as possible, this is often a nightmare scenario for immigration lawyers and often a direct path to a visa refusal. Financial Requirement is strictly based on the ‘rules’: what income can be used, how various sources can be combined and what documents are needed. We often say there is 75-page office guidance just on the finances: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf  #2 Savings - it’s not £18,600 and not £16,000.  The real amount (for this purpose) is calculated using this formula: threshold you need to meet (such as £18,600) x 2.5 plus £16,000. If you are using savings alone, it would be £18,600 x 2.5 + £16,000 = £62,500!  #3 Employment -  the minimum is 6 months for the sa
Read more