What options for Spouse Visa?

[stepaul]

Hi all,

I am British and my girlfriend is South American. She has lived in Spain for several years and has a Spanish residency card. Therefore, whenever she enters the UK she is given a 6 month stamp (no work, no recourse to public fund) in her passport, which means she is currently fine to be in the UK until 27th January 2011.

We have recently been planning our wedding with the intention of returning to Spain to apply for a Spouse Visa for her. However, just today, my girlfriend has had her Spanish residency card renewal application refused because she has spent too much time out of the country during the past year (visiting me and studying English at college in London). This has seriously thrown a spanner in the works and now we have to find the easiest and most cost effective solution to this problem.

We have already made arrangements to get married in an Anglican church (I'm C of E anyway) to avoid having to apply for a Certificate of Approval in the UK or forking out for a Fiance Visa in Spain (a bit foolish now in retrospect).

So, having read the UKBA website inside and out, it seems the only option available to us now is for my girlfriend to return to South America after we are married and apply for the Spouse Visa there. However, before jumping in head first and paying £800 for a flight I thought it would be best to check here. If anyone can suggest an alternative, or at least confirm what we're planning to do is the best option, I would be extremely grateful.

Thanks, Steve

[vinny]

Unfortunately, 284(i) prevents visitors from switching to FLR(M) within the UK.