Transfer from visit to spouse/settlement visa

dear all,

I am a British expat living and working overseas - my question is;

If I bring my wife (holding pakistani passport) on visit visa to UK , can that be transferred to spouse/settlement visa? I have two kids both born overseas with British nationality

appreciate any advice or comments

thanks in advance

ab_ke_baras wrote:dear all,

I am a British expat living and working overseas - my question is;

If I bring my wife (holding pakistani passport) on visit visa to UK , can that be transferred to spouse/settlement visa? I have two kids both born overseas with British nationality

appreciate any advice or comments

thanks in advance

Not from within the UK, she'd have to return to Pak and apply from there, there's been a no-switching rule from visit visas for years.

Wanderer wrote:

ab_ke_baras wrote:dear all,

I am a British expat living and working overseas - my question is;

If I bring my wife (holding pakistani passport) on visit visa to UK , can that be transferred to spouse/settlement visa? I have two kids both born overseas with British nationality

appreciate any advice or comments

thanks in advance

Not from within the UK, she'd have to return to Pak and apply from there, there's been a no-switching rule from visit visas for years.

Thanks for the message

even not possible on humanitarian grounds - since the kids will be in UK - just a thought

ab_ke_baras wrote:even not possible on humanitarian grounds - since the kids will be in UK - just a thought
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No. To qualify on in this manner, she would require a lengthy residence and very valid reasons on why she cannot apply from home country in the normal way. Simply 'not wanting to go back home to apply as I am already here as a visitor' unfortunately won't work.

Given that you have been working and living overseas with no apparent difficulties, HO could very well take the view that you are :
a) trying to circumvent the immigration rules and;
b) why did she not apply for a spouse settlement visa before you moved back and;
c) as she will have only been in the UK for a few months at the 'proposed time of a humanitarian application', what is preventing her from returning to home country to apply for entry clearance in the normal way.

Never a good way to start an immigration journey by trying to find a loop hole to buck the system.

Regrettably, this is an example of why so many genuine visitors have their visitor visa application refused.

many thanks for the invaluable advice - will definitely take the immigration approach

possibility for ILE ? I heard this route was closed sometime back , but not sure - can you shed some light on it. thanks

Casa wrote:Regrettably, this is an example of why so many genuine visitors have their visitor visa application refused.

this forum is available to ask questions, possible routes which can be taken and to make sure that a mistake is not repeated by some other person

regrettably, people like you are perfect examples, who love poking their nose in everything without having a clue as to what to say and when to open their mouth - read my original post first

Welcome to the forum.

I'm a forum MODERATOR and commenting on the current situation with the high number of visitor visa refusals, partially due to so many family members overstaying as visitors.

Take the time to read through the forum and you'll see numerous examples.

The ILE concession for couples who have been married for 4 years or more and living outside of the UK was abolished 9th July 2012.

Happy New Year. I'll ignore the insult this time.

OP, this forum is here because mods and members give their free time to help people on their immigration journey. Casa was merely stating a fact-there is no need to be rude.

ab_ke_baras wrote:dear all,

I am a British expat living and working overseas - my question is;

If I bring my wife (holding pakistani passport) on visit visa to UK , can that be transferred to spouse/settlement visa? I have two kids both born overseas with British nationality

appreciate any advice or comments

thanks in advance

No you cannot. Visit visas are often abused and so are very limited in scope.

If living/working overseas unclear how wife can be in UK as your dependent.

If you are returning to UK unclear why you cannit apply for spouse visa directly.

Casa wrote:Welcome to the forum.

I'm a forum MODERATOR and commenting on the current situation with the high number of visitor visa refusals, partially due to so many family members overstaying as visitors.

Take the time to read through the forum and you'll see numerous examples.

The ILE concession for couples who have been married for 4 years or more and living outside of the UK was abolished 9th July 2012.

Happy New Year. I'll ignore the insult this time.

thanks for clearing the ILE part - ta

noajthan wrote:

ab_ke_baras wrote:dear all,

I am a British expat living and working overseas - my question is;

If I bring my wife (holding pakistani passport) on visit visa to UK , can that be transferred to spouse/settlement visa? I have two kids both born overseas with British nationality

appreciate any advice or comments

thanks in advance

No you cannot. Visit visas are often abused and so are very limited in scope.

If living/working overseas unclear how wife can be in UK as your dependent.

If you are returning to UK unclear why you cannit apply for spouse visa directly.

I can apply for the spouse visa directly and have looked at the three options available

1. come back to uk alone , work and maintain bank statements for 6 months then after completing all paperwork apply for visa after 6 months , which will take min of 3-6 months to process - 1 year process min., subject to visa approval

2. get a job offer whilst abroad - but in current economy kind of difficult to find a position while already abroad

3. £63k route - don't have that kind of savings in my account unless property in wife name

I have no intention of taking any illegal route or do anything wrong just don't want to stay without my family and that is why asked about visit visa or ILE route or any other suggestion experts from this forum can suggest

thanks again for all the comments and suggestions

You've missed your other option:

You will qualify you can show that you have been earning the equivalent of £18,600 for the 12 months prior to submitting your wife's settlement visa application
AND
Have a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 p.a minimum earnings level

ab_ke_baras,

Try searching the Surinder Singh route. I think its your best bet with least amount of hassle.

All the best.

The SS route has been tightened considerably since November 2016 and you can be refused if, in the Home Office's estimation, you are attempting to frustrate the UK Immigration Rules deliberately.

So, for instance, if your wife stayed with you in the UK and then you moved to another EEA country for the minimum period required to attempt to trigger SS, you can be refused under the new (as yet unchallenged) EEA Regulations.

Regulaton 9(4)(a) wrote:This regulation does not apply—
(a)where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

secret.simon wrote:The SS route has been tightened considerably since November 2016 and you can be refused if, in the Home Office's estimation, you are attempting to frustrate the UK Immigration Rules deliberately.

So, for instance, if your wife stayed with you in the UK and then you moved to another EEA country for the minimum period required to attempt to trigger SS, you can be refused under the new (as yet unchallenged) EEA Regulations.

Regulaton 9(4)(a) wrote:This regulation does not apply—
(a)where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

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I am not aware of the SS route or the story behind it, but if what you say is correct - I rather avoid all the hassle - prefer to take the straight forward route . thanks

Casa wrote:You've missed your other option:

You will qualify you can show that you have been earning the equivalent of £18,600 for the 12 months prior to submitting your wife's settlement visa application
AND
Have a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 p.a minimum earnings level

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

thanks for the advice - what is your opinion on the following scenario

1. I have been providing company "xyz" accountancy/finance consultancy services on yearly basis for past 3 years and have declared this on my tax return (amount is considerably small approx. £4k hence why no self employed registration only adhoc income shown on TR - but it's declared with the company name)

2. xyz is a property management company and provide housing facilities to local authorities and private landlord.

3. xyz also manage one of my property and transfer rent in my account

4. xyz has offered me to join their company on F/T (£35k) for their finance and operation executive post - this is a special created position to work as coordinator between the finance and operations department

Now question is

a. will IO accept this job offer since they are managing my property and I already have a working relation with the company

b. will just a simple job offer letter from xyz be acceptable or do they have to provide job description

c. any other paperwork xyz needs to provide


with regards to savings and properties , I have following (will this suffice)

1. I have approx. £30k savings in foreign account - local currency (have in local bank account more than 6 months - don't want to transfer unless I move to UK)
2. I have 2 properties in UK both rented out (declared on TR)
3. My wife have 2 properties in Pak in her name (all paperwork available)
4. After UK loan around £7k saving in UK account

I feel , i have all the relevant documentation but the fear factor is their - appreciate your or any other expert comments on above

thanks for your advice in advance

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

thanks for the advice - what is your opinion on the following scenario

1. I have been providing company "xyz" accountancy/finance consultancy services on yearly basis for past 3 years and have declared this on my tax return (amount is considerably small approx. £4k hence why no self employed registration only adhoc income shown on TR - but it's declared with the company name)

2. xyz is a property management company and provide housing facilities to local authorities and private landlord.

3. xyz also manage one of my property and transfer rent in my account

4. xyz has offered me to join their company on F/T (£35k) for their finance and operation executive post - this is a special created position to work as coordinator between the finance and operations department

Now question is

a. will IO accept this job offer since they are managing my property and I already have a working relation with the company

b. will just a simple job offer letter from xyz be acceptable or do they have to provide job description

c. any other paperwork xyz needs to provide


with regards to savings and properties , I have following (will this suffice)

1. I have approx. £30k savings in foreign account - local currency (have in local bank account more than 6 months - don't want to transfer unless I move to UK)
2. I have 2 properties in UK both rented out (declared on TR)
3. My wife have 2 properties in Pak in her name (all paperwork available)
4. After UK loan around £7k saving in UK account

I feel , i have all the relevant documentation but the fear factor is their - appreciate your or any other expert comments on above

thanks for your advice in advance[/quote]
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any comments or advice on above - thanks

appreciate advice/comments from experts/gurus/moderators etc thanks