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Apply for spouse visa from inside the uk

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Ereymills
Newly Registered
Posts: 1
Joined: Tue Feb 02, 2021 9:57 pm
Colombia

Apply for spouse visa from inside the uk

Post by Ereymills » Tue Feb 02, 2021 10:11 pm

Hi everyone,
I'm British and my husband is Colombian, he is in the UK on a tourist visa untill June.

Plans changed and we now want to apply for a spouse visa. Wanting to save money on flights and reduce the risk of us being trapped or separated due to covid flight restrictions we want to apply from within the UK.

How can we show that the application is urgent and can successfully apply from within the UK? - we meet all financial and English requirements

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Apply for spouse visa from inside the uk

Post by CULLINAN » Wed Feb 03, 2021 12:11 am

Maybe this helps?
If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 January 2021 and 28 February 2021 you may request additional time to stay, known as ‘exceptional assurance’.
If you intend to stay in the UK
If you decide to stay in the UK, you should apply for the necessary permission to stay to regularise your stay. You’ll be able to submit an application form from within the UK, whereas you would usually need to apply for a visa from your home country.

You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee.
https://www.gov.uk/guidance/coronavirus ... -in-the-uk
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Apply for spouse visa from inside the uk

Post by Frontier Mole » Wed Feb 03, 2021 12:50 am

My experience suggests that in the circumstances outlined that the switch from a visit visa to spouse will more than likely to be refused. The concessions granted previously do not extend to switching at this time in the manner they did in say March / April last year. The type of switch that the concession was designed to accommodate was the likes of Tier 4 dependents or T5 YMS having to go to their home country to apply. Initially there was a high degree of concession but this has reduced in time.

The maximum period of time for a visit visa is six months. If the visa is valid to June that suggests he arrived in December or later. The inference being he traveled in the pandemic knowing the risks and that he has until June to return. At this point he could return and there is as far as I am aware no restrictions to doing so.

It is not a compelling or exceptional circumstances argument at this time and while I appreciate it would be financially and personally beneficial immigration law rarely is constrained by emotional or cost arguments.

You have nothing to lose by contacting the Coronavirus Immigration Team to get a steer but I would suggest you do not apply for a spouse visa without a commitment from the Home Office a refusal will not impact a future out of country spouse application.

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