Spouse Visa Enquiry

dolasmiles · Post by **dolasmiles** » Wed Nov 06, 2019 10:37 pm

Hello,
I'm seeking some advice on UK spousal visa application;below is my situation;
I'm UK citizen and settled in UK. I'm planning to marry a Kenyan citizen based in Kenya, my wife to be currently has two year's multi entry visit visa to UK as she travels to UK frequently for work reasons.
My question: If we marry in Kenya, will it be rightful for my wife to enter UK with her current UK visit visa and we can apply for spousal visa while in UK or will we have to make this application in Kenya?
Thanks in advance.

seagul · Post by **seagul** » Wed Nov 06, 2019 10:40 pm

dolasmiles wrote: ↑
Wed Nov 06, 2019 10:37 pm
we have to make this application in Kenya?

dolasmiles · Post by **dolasmiles** » Thu Nov 07, 2019 9:34 pm

Seagul - Thanks. I recall reading somewhere that if the applicant has entry visa valid to six years they can make application within UK , I stand to be corrected . My plan for seeking advise is to hear the views/ comments if applying within UK will be acceptable by home office taking into account that my spouse has visa visa valid for two years.
Thanks

dolasmiles · Post by **dolasmiles** » Thu Nov 07, 2019 9:36 pm

Apologies for for typo.....she has visitos' visa valid for two years, not six years.

Post by **CR001** » Thu Nov 07, 2019 9:37 pm

Regardless of how long a visit visa is valid for, she cannot apply to switch to a spouse visa within the UK from a visitor visa. The rules do not permit this.

She must apply for a spouse visa from Kenya.

seagul · Post by **seagul** » Thu Nov 07, 2019 9:41 pm

I am afraid but you have misunderstood it and might be upset to know.

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce

https://www.gov.uk/uk-family-visa

Post by **AmazonianX** » Fri Nov 08, 2019 5:52 am

seagul wrote: ↑
Thu Nov 07, 2019 9:41 pm
I am afraid but you have misunderstood it and might be upset to know.
When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce
https://www.gov.uk/uk-family-visa

Probably poster read it that since her visitor visa is for 2years I. e. more than 6 months so maybe can use since rules states visa of 6months or less can not switch. But even if 5years visitor visa you can not stay more than 6months at any one visit.

seagul · Post by **seagul** » Fri Nov 08, 2019 5:58 am

AmazonianX wrote: ↑
Fri Nov 08, 2019 5:52 am

seagul wrote: ↑
Thu Nov 07, 2019 9:41 pm
I am afraid but you have misunderstood it and might be upset to know.
When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce
https://www.gov.uk/uk-family-visa
Probably poster read it that since her visitor visa is for 2years I. e. more than 6 months so maybe can use since rules states visa of 6months or less can not switch. But even if 5years visitor visa you can not stay more than 6months at any one visit.

yes. But the decision letter come along with the passport usually highlight the full conditions of visa.

iwolga · Post by **iwolga** » Fri Nov 08, 2019 11:20 am

seagul wrote: ↑
Fri Nov 08, 2019 5:58 am

AmazonianX wrote: ↑
Fri Nov 08, 2019 5:52 am

seagul wrote: ↑
Thu Nov 07, 2019 9:41 pm
I am afraid but you have misunderstood it and might be upset to know.
When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce
https://www.gov.uk/uk-family-visa
Probably poster read it that since her visitor visa is for 2years I. e. more than 6 months so maybe can use since rules states visa of 6months or less can not switch. But even if 5years visitor visa you can not stay more than 6months at any one visit.
yes. But the decision letter come along with the passport usually highlight the full conditions of visa.

Before my eea fp, I had 5 or 6 various UK visit visas: 6 months, 2 years and 5 years. None of them ever came with a decision letter. But maybe in other countries it works different.

Just for the sake of clarity, I’m in the agreement with the above re 6 months vs visa validity

seagul · Post by **seagul** » Fri Nov 08, 2019 2:48 pm

iwolga wrote: ↑
Fri Nov 08, 2019 11:20 am

Before my eea fp, I had 5 or 6 various UK visit visas: 6 months, 2 years and 5 years. None of them ever came with a decision letter. But maybe in other countries it works different.

Around the year 2008 onward the UKBA/UKVI is pretty good in updating their website with immigration news, visa policies & guidance and application forms. Since everyone now understands as how to at least uses smartphone, therefore, even in case of getting no decision letter or anything similar the UKVI strongly encourage and expects from the applicant to keep surfing their website because once anything they announced & updated at their website then afterwards they won't be responsible where an applicant commit some mistake.

dolasmiles · Post by **dolasmiles** » Sat Nov 09, 2019 8:18 am

Seagul and Iwolga.... So much appreciated for your comments to my enquiry, we will proceed to apply for family visa in Kenya. I'm confident we meet all the requirements that will be needed to support the application as w've been dating for over two years , we have photos taken both in UK and Kenya, I also send her monthly upkeep money which we can provide evidence.
Having said that, I have been out of touch with how application works inforeign country eg Kenya I hope you guys will guide me should need some advice on what documentation I will need to send with her application.

Thanks
D

seagul · Post by **seagul** » Sat Nov 09, 2019 2:26 pm

dolasmiles wrote: ↑
Sat Nov 09, 2019 8:18 am
Seagul and Iwolga.... So much appreciated for your comments to my enquiry, we will proceed to apply for family visa in Kenya. I'm confident we meet all the requirements that will be needed to support the application as w've been dating for over two years , we have photos taken both in UK and Kenya, I also send her monthly upkeep money which we can provide evidence.
Having said that, I have been out of touch with how application works in foreign country eg Kenya I hope you guys will guide me should need some advice on what documentation I will need to send with her application.

Thanks
D

You can read about it at the following page where you can find various links giving you more in depth information about each requirement which even take you to the application page.

https://www.gov.uk/uk-family-visa/partner-spouse

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