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Switch from visa waiver to Spouse visa?

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

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Noelpenn
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Posts: 2
Joined: Tue Jul 14, 2020 1:36 pm
Indonesia

Switch from visa waiver to Spouse visa?

Post by Noelpenn » Tue Jul 14, 2020 1:47 pm

Dear all,

Please can anyone here advise if we can apply for my Wife's spouse visa from within the UK?. My wife is currently here in the UK with me under the visa waiver programme and that visitor visa will expire in November 2020.

Does my Wife have to travel back to Indonesia to submit the application. She has already completed the English test and completed the TB screening before she left Indonesia. I am a UK national.

Really appreciate any advise as I am confused with the government advice on the government website.

Thank you.

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Switch from visa waiver to Spouse visa?

Post by seagul » Tue Jul 14, 2020 1:50 pm

She will have to return back for applying
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Switch from visa waiver to Spouse visa?

Post by geoeng » Tue Jul 14, 2020 2:06 pm

Noelpenn wrote:
Tue Jul 14, 2020 1:47 pm
Dear all,

Please can anyone here advise if we can apply for my Wife's spouse visa from within the UK?. My wife is currently here in the UK with me under the visa waiver programme and that visitor visa will expire in November 2020.

Does my Wife have to travel back to Indonesia to submit the application. She has already completed the English test and completed the TB screening before she left Indonesia. I am a UK national.

Really appreciate any advise as I am confused with the government advice on the government website.

Thank you.
I would say seagul's advice would typically be the case; however, it would appear some concessions have been made for those in the UK already and want to switch.

Per https://www.gov.uk/guidance/coronavirus ... -residents
You can apply from the UK to switch to a long-term UK visa until 31 July 2020 if your leave expires between 24 January 2020 and 31 July 2020. This includes applications where you would usually need to apply for a visa from your home country . . .

There are temporary concessions in place if you’re unable to meet the requirements of the family Immigration Rules to enter or remain in the UK due to coronavirus. Up to 31 July 2020 applicants in the UK as a visitor or with leave of up to 6 months can switch into a family or private life route provided the requirements of the Immigration Rules are otherwise met.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Switch from visa waiver to Spouse visa?

Post by seagul » Tue Jul 14, 2020 2:15 pm

If you’re in the UK and your leave expires between 24 January 2020 and 31 July 2020
Your visa will be extended to 31 July 2020 if you cannot leave the UK because of travel restrictions or self-isolation related to coronavirus (COVID-19).
https://www.gov.uk/guidance/coronavirus ... -residents
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Noelpenn
Newly Registered
Posts: 2
Joined: Tue Jul 14, 2020 1:36 pm
Indonesia

Re: Switch from visa waiver to Spouse visa?

Post by Noelpenn » Tue Jul 14, 2020 2:59 pm

Many thanks for all of your prompt replies.

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