Can my husband change his visitor visa to a settlement visa?

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 7:43 am

I wonder if you can help. I'm a British citizen and my husband's an Indian national. We have been married for 5 years and he has a 5 year UK visa. I have been living abroad since 1999. We're visiting relatives in the UK soon and I wondered if we decided to stay, how easy it is for him to change his status? Can this be done inside the UK? He is also a musician, but I will post the question for that in the T5 section! Thanks.

Post by **Greenie** » Tue Apr 26, 2011 8:26 am

It is not possible to switch from a visit visa to a spouse/settlement visa.

Post by **batleykhan** » Tue Apr 26, 2011 8:59 am

He must go back home and apply for a spouse visa, providing you both fulfill the criteria for the spouse visa.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 10:31 am

Hi again. Thanks for the info. What visa can he switch to a settlement visa? I'm just wondering as there are 2 settlement visa forms, one for those inside the UK and one for those outside. Sorry for all the questions. The more I look into this, the more complicated it gets! Thanks

Post by **Casa** » Tue Apr 26, 2011 10:35 am

You are probably looking at form FLR(M)...which is for someone wishing to switch within the UK from a valid visa such as fiance, student, work permit etc. A visitor visa is issued as the name suggests...for someone wishing to visit the UK and then leave. It doesn't allow for a switch to spouse or any other category.
Avoid him overstaying a visitor visa...it will only complicate future visa applications.
By the way, one word of caution, if the Immigration Entry Officer gets the idea that your husband may not leave when his visitor visa expires he may be refused entry into the UK.

Post by **Greenie** » Tue Apr 26, 2011 10:45 am

Sonya2011 wrote:Hi again. Thanks for the info. What visa can he switch to a settlement visa? I'm just wondering as there are 2 settlement visa forms, one for those inside the UK and one for those outside. Sorry for all the questions. The more I look into this, the more complicated it gets! Thanks

Different forms are used to apply for leave (visas) from outside and inside the UK.

if your intention is to settle in the UK then he should apply for the settlement visa from India. If you have been living together for 4 years outside the UK and you meet the other requirements of paragraph 281 of the immigration rules then he will be granted settelement (indefinite leave to enter) straight away. If he switches from within the UK (presuming he comes on a visa from which he can switch) then he would only be granted two year's leave as a spouse and would have to complete these two years before qualifying for settlement.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 10:45 am

Thanks Casa. We've visited many times and wouldn't do anything to jeopardise this. We're just looking for options. I guess we need to change his visa now then! Thanks for your help

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 10:47 am

Thanks Greenie. We've been married for 5 years and have lived outside the UK throughout this time and also fullfilled the criteria. Arrggghh this is all so confusing!!

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 10:50 am

Sorry, one more question! Which visas can be switched in the UK? We may just do our yearly visit to the UK and then return to Nepal where we've been living for the past 3 years, but it's good to find out what we could possibly do if we need to. Thanks again.

Post by **Greenie** » Tue Apr 26, 2011 10:53 am

Sonya2011 wrote:Thanks Greenie. We've been married for 5 years and have lived outside the UK throughout this time and also fullfilled the criteria. Arrggghh this is all so confusing!!

It is really not that confusing. You are making it more confusing by trying to find ways around him apply for the settlement visa from outside the UK, which is in fact the most straight forward and least confusing option for him to go for!

Perhaps reading this guidance might help you.

Post by **Greenie** » Tue Apr 26, 2011 10:55 am

Sonya2011 wrote:Sorry, one more question! Which visas can be switched in the UK? We may just do our yearly visit to the UK and then return to Nepal where we've been living for the past 3 years, but it's good to find out what we could possibly do if we need to. Thanks again.

He needs to have been given leave to enter for more than 6 months.

Post by **MPH80** » Tue Apr 26, 2011 11:53 am

Greenie wrote:
Sonya2011 wrote:Sorry, one more question! Which visas can be switched in the UK? We may just do our yearly visit to the UK and then return to Nepal where we've been living for the past 3 years, but it's good to find out what we could possibly do if we need to. Thanks again.
He needs to have been given leave to enter for more than 6 months.

And let's be clear here - a 5 year visitor visa doesn't give leave to enter for more than 6 months.

The visitor visa he has means he can have many 6 month leave to enters over a period of 5 years - but he cannot stay more than 6 months on any one visit.

So he would, on a visitor visa, never fall into that "leave to enter for more than 6 months"

(If that makes sense)

Post by **Greenie** » Tue Apr 26, 2011 11:54 am

MPH80 wrote:
Greenie wrote:
Sonya2011 wrote:Sorry, one more question! Which visas can be switched in the UK? We may just do our yearly visit to the UK and then return to Nepal where we've been living for the past 3 years, but it's good to find out what we could possibly do if we need to. Thanks again.
He needs to have been given leave to enter for more than 6 months.
And let's be clear here - a 5 year visitor visa doesn't give leave to enter for more than 6 months.

The visitor visa he has means he can have many 6 month leave to enters over a period of 5 years - but he cannot stay more than 6 months on any one visit.

So he would, on a visitor visa, never fall into that "leave to enter for more than 6 months"

(If that makes sense)

I didn't say it did. In fact in my first reply in the topic I confirmed that he couldnt switch from a 5 year visit visa.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:03 pm

Thanks. We had planned to only stay a couple of months before heading off to Portugal and Spain, and then probably returning to Nepal. I'm fairly certain he can only stay for 6 months in any one year though. It's really difficult where we are, as the VAC in Nepal aren't very helpful - everything's passed on to New Delhi. My husband hasn't lived in India for 10 years. We're kind of just hanging around places wherever work has taken us - but obviously this causes problems when applying for visas!

Post by **Greenie** » Tue Apr 26, 2011 12:06 pm

In your other post you ask about him applying for a tier 5 visa as he is a musician. Note he cannot work in the UK on a visit visa.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:10 pm

Thanks Greenie. I found that out last week! He'd already been approved for a work permit, which we are cancelling now as the VAC are giving us different information whenever we call, and we don't want to risk him being refused (not that there's any reason to). He was going to apply for a T5, but we're running out of time, so will just go for a visit, come back here or possibly India and sort out a settlement visa...unless something else comes up!

Post by **Greenie** » Tue Apr 26, 2011 12:17 pm

approved for a work permit by who?

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:20 pm

One of the recommended organisations for T5's in the UK. It's all been done through the UK border agency.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:20 pm

One of the recommended organisations for T5's in the UK. It's all been done through the UK border agency.

Post by **Greenie** » Tue Apr 26, 2011 12:28 pm

Ok so has he successful applied for a tier 5 visa?

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:33 pm

No just has the work permit, it will be cancelled as we don't have enough time to apply for the T5 now (I know there's a fast track service in New Delhi) - we need an official stamped statement from our bank, but they're in the UK and we never usually receive post here. Like I said the VAC in Nepal aren't very good at giving guidance. We didn't want to risk refusal which may (I'm not sure about this) mean that his visitor would be cancelled. Also the work permit is valid for 3 months, which would mean that we may only be allowed the one entry. As we have family there, we'd also want to visit them too. A T5 allows him to work only, so we couldn't go back in without applying for another visa. Does any of this make sense?

Post by **vinny** » Tue Apr 26, 2011 12:40 pm

Sonya2011 wrote:Thanks Greenie. We've been married for 5 years and have lived outside the UK throughout this time and also fullfilled the criteria. Arrggghh this is all so confusing!!

If he passes the KOL test while he's visiting, then he may subsequently apply for a spouse visa with an ILE endorsement. Subject to MAA requirements.

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:49 pm

Thanks Vinnie!

Sonya2011 · Post by **Sonya2011** » Tue Apr 26, 2011 12:49 pm

Thanks to everyone who's responded to my initial message. You've all been incredibly helpful. Much appreciated!

Post by **Casa** » Tue Apr 26, 2011 12:59 pm

You mention travelling to Spain and Portugal. Bear in mind that a UK visitor visa won't allow your husband entry to the Schengen states.

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Can my husband change his visitor visa to a settlement visa?

Can my husband change his visitor visa to a settlement visa?