Changing a visitor visa to a settlement visa

[Spycatcher]

I am a British national who has been living abroad for over 20 years. I will shortly be returning to live in the UK with my wife and 2 children. Both children are Vietnamese and British nationals. My wife just has Vietnamese nationality. She has a visited the UK about 6 times and the last few times would have been on the 10 year visitor visa she has. Which still has 7 years remaining.

I believe that with this visa she is allowed to stay in the UK for 180 days in any 365 day period. She meets all the criteria required for a settlement visa and money is not an issue for us.

We are planning to move to the UK in in late June, but because of the time in the UK restrictions of my wife's current visa, I believe the correct thing to do is to get her a "Settlement Visa" because of time issues it not desirable to apply for the settlement visa whilst in Vietnam.

Reading one government website I understood that my wife could apply for the Settlement Visa whilst in the UK, which would be ideal for us. I phoned the UKVI and asked if this was possible and they assured me it was. The person I spoke to have me very little confidence in what they were talking about. They spoke poor English and didn't want any details, just assured me it could be done.

I see I have three options, in the following order of preference:

1) go the the UK on her current visa and change it to a Settlement Visa whilst in country- if this is possible.
2) go to the UK and whilst in the UK apply in Vietnam, assuming they don't need her passport early in the process. Then she can go back to Vietnam at Christmas and get her settlement Visa- not too sure about the logistics here.
3) Apply for the Visa in Vietnam, but we probably won't get it until about September as she has to pass an English test then wait for the results, before applying, then he process takes 8 or so weeks.

If my wife can really change her current visa to a Settlement visa, whilst in the UK then this would be ideal. Can people please help by giving me advice and links.

Thanks to all during this very stressful time.

[Petaltop]

It's only 3.

1. No. You can't switch in country from a visitor visa.

2. No.The same answer as for your first question. She has to be in her own country to apply for her spouse visa and they need her passport.

[Casa]

Petaltop is correct. Unfortunately, UKBA 'help-line' staff are notorious for given incorrect information, with no responsibility if the application is refused.

[Spycatcher]

Thank you both very much for this.

I shall contact UKVI and try and clarify this with them.