Switching from Marriage visitors visa to spouse visa

[oglox]

I have posted here before on this topic, in short - i'm english my wife is african. we got married about a month and a half ago and my wife is due to return to africa next week.

She came to the uk (has been here in the past on several occasions) for us to get married on a 6 months marriage visitors visa and now we want to live here together without her having to return to africa.

After so much research and helpful advise from this forum, we decided it is not possible for her to switch and thus she will go back to africa and apply for a spouse visa from there.

Now the twist is - we applied for and obtained a schengen visa and went for an extended honeymoon in Germany. At the point of entry back to the UK the immigration officer asked her if she was married to me as yet and she said yes , and then he asked her that why has she still got the marriage visitors visa and not the spouse visa in her passport to which she replied that she will have to go home to apply from there as advised. he then said no and that she doesn't need to go home to apply and that she can switch in the U.K.

Now we are very very confused - someone please give advise on what we should do.

Can she switch from a marriage visitors visa (we married now - she's married to a British) to a spousal visa and what is the process. There is 3.5 months left for the visa to expire.

Have the government changed the rules now? Are there any exceptions to switching from mvv to spouse etc?

Many, many thanks for your upcoming advice.

God Bless and I look forward to hearing from you shortly.

Paul

[vinny]

I believe that 284(i) is still applicable.

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

[oglox]

Thanks for your response, vinny. But really this whole thing i find so confusing. my wife is not switching into the marriage category, she will like to switch to a spouse visa (or is it the same - forgive my little knowledge). They have already given her a 6 months visa - yes it says C-VISIT-MARRIAGE/CP and she is married to a British.

From my understanding the marriage visa could not be converted to spouse as the initial law was to entice foreigners to marry in the UK and then return home. But in this case she is married to a British, and has been here in the UK on several other occasions(on some occasions been given a 2 year multiple entry visit visa)

So why can she not apply to live here with me,(without her having to go back to her country and apply from there) on the grounds that we got married in the U.K. and I will like to excercise my rights and let my wife live here with me.

I hope i am making sense. Everywhere on the UKBA website i do not seem to find any particular information on this - pls help and also what does this mean?


Press and Information
PRESS RELEASE No 57/08
25 July 2008
Judgment of the Court of Justice in Case C-127/08
Metock and Others v Minister for Justice, Equality and Law Reform
A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE

Thank you for your patience

[oglox]

Even more confusing:

And also why did the immigration officer at the UK Border (on returning from our trip to germany) ask her why if she is now married to me, has not switched. and when she replied she will have to go home to switch - he said no and that it can be done from the UK!

Where are the rules - it is quite confusing!

Finally what is the meaning of the words in Bold:

Since 01st of October 2004, there have been some major changes in the switching rules. Marriage visitors can no longer switch to any other category under the immigration rules

Marriage visitors are normally issued visas on the assumption that they would switch to spouse visa before the expiry of their leave to remain or return before the end of their permitted leave and have not got any other intentions.

Thanks

[oglox]

i would appreciate diverse responses especially any personal experiences.

many many thanks. i will also do my quota in contributing just as i am benefiting from responses.

thanks

[Wanderer]

Switching is not allowed unless under extreme compassionate circumstances, like civil war etc...

Why did you apply for the MVV then? Why not apply for the correct fiancee visa?

[jei2]

Oglox,

You've more or less researched your own questions and you've had the answers from more than one expert here. It's all coming out the same way.

Normally your wife would not be able to switch. If she came in on a marriage visit visa then she has to return home and reapply. It doesn't matter that you are British; you're not the one that has to meet the immigration rules.

I can only assume that the Immigration Officer may have confused your wife's Marriage visit visa with a fiancee visa...

From what you say, she has an excellent immigration history. If you've got the right documents together and meet all the requirements, she should have no difficulty in getting back to the UK in a few weeks.


Good luck.

[belliemonster]

Hi Oglox,

In the hopes that you're still active given the date this was posted what was the outcome to this?

I'm also in a similar situation so was curious how it all played out for you?

Regards

[Wanderer]

Hi Oglox,

In the hopes that you're still active given the date this was posted what was the outcome to this?

I'm also in a similar situation so was curious how it all played out for you?

Regards

Thread is 7 years old, most people come and go here, very few stick around.

No-switching rule still applies though.

[Casa]

Impossible to switch to spouse from a marriage visitor visa while in the UK. The difference in the cost of the visitor visa and settlement should give you a clue...over £1,000!