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.