Spouse visa for US citizen entered under Visa Weaver Program

Dear experts and senior member of the forum. Could you please kindly answer my question below:

I am a British citizen married to a US citizen for last four years, Last month my wife entered in the UK under visa waiver program (VWP) and her visitor visa is valid until June 2017, I am planning to apply to change her visa status to a spouse visa. Are VWP visitors are allowed to change their visa status, while they are in the United Kingdom?

Thank you for the help.

If your wife is here as a visitor for 6 months then you are unable to switch to a spouse visa from within the UK. Wife would need to return to US and apply from there.

https://www.gov.uk/join-family-in-uk

"You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:

as a visitor..."

https://www.gov.uk/remain-in-uk-family/eligibility

As you've been advised, your wife will be unable to apply for a Spouse Settlement visa from within the UK while here as a visitor.

Do ensure that she doesn't exceed the maximum 6 month period as this will only complicate future visa applications.

As your wife's sponsor, are you able to meet the minimum earnings level of £18,600 per annum

Thank you Casa and KatieWills for taking the time to reply. I appreciate your help.

I can meet the minimum earning requirement. So VWP entries are categorised as visitors visa entry, and therefore she can't switch to spouse visa category while she is in the United Kingdom. right?

digitalrev wrote:So VWP entries are categorised as visitors visa entry, and therefore she can't switch to spouse visa category while she is in the United Kingdom. right?

Correct. She will need to return to the US and apply for a spousal visa.

Consider the VWP as the issuing on entry of a virtual visitor visa . All the same Regulations apply.