family member (wife)

[finegirl]

Hi, my British husband and my 3 British children are based in the UK. I am based in Nigeria and have to visit them regularly with visitor's visa. I am currently visiting them again on a visitor's visa which expires in less than 1 month. Can I switch to spouse visa while in UK? Is there any category or way I could remain with my children without leaving my family again to return to Nigeria. This is tearing me up as it's so traumatic for the children when I have to leave. Pls help any hope? I don't want return to Nigeria to apply for visiting visa again when they can refuse me.

[MPH80]

I don't believe so.

The right course of action here is to return home, make sure you qualify with the financial rules and english language rules and then apply from Nigeria for a spouse visa.

Processing times are around 120 days according to the UKBA website.

[Casa]

As MPH80 has said, you are unable to switch from visitor to a spouse visa from within the UK. Does your husband earn a minimum of £18,600 per year?

[finegirl]

Thanks so much for your reply. What if my husband earns more than £18600? Or do I have to earn that too? Also do we have to add extra amount to the income for our British children too?

[SoHopeful]

It's your husband who will need meet the financial requirements. And because your children are British he will not have to prove any additional income.

[MPH80]

And to note - until you are in the UK on a spouse visa - your income doesn't count towards the financial requirements.

[finegirl]

You've been of immense help. Thanks a zillion. How do I make application and which form do I use to apply from Nigeria? Or does my husband need to apply from here? If so which form? Also somebody suggested that we could be exempt from financial criteria if we are applying under ex 1 paragraph 1 human right rules as the spouse and mother of British citizens. And that due to these reasons I could apply here without returning.

[Wanderer]

You've been of immense help. Thanks a zillion. How do I make application and which form do I use to apply from Nigeria? Or does my husband need to apply from here? If so which form? Also somebody suggested that we could be exempt from financial criteria if we are applying under ex 1 paragraph 1 human right rules as the spouse and mother of British citizens. And that due to these reasons I could apply here without returning.

Think that would put you on the 10 year route to ILR though.....

[Casa]

VAF4a subitted by you in Nigeria. The FP route is an extremely long one with a decision that may take years with no guarantee of success. If your husband is earning £18,600 or over it would be far better (and quicker) to return to Nigeria and apply from there.

https://www.gov.uk/join-family-in-uk

[MPH80]

You've been of immense help. Thanks a zillion. How do I make application and which form do I use to apply from Nigeria? Or does my husband need to apply from here? If so which form? Also somebody suggested that we could be exempt from financial criteria if we are applying under ex 1 paragraph 1 human right rules as the spouse and mother of British citizens. And that due to these reasons I could apply here without returning.

Agree with what the others have said - but ...

When did the family come to the UK - how long have you been coming/going on tourist visas?

[finegirl]

I would rather apply from within the UK for her to come and join us. Because if she applies from NIGERIA it will be a very unstable application. Which form do I use to apply for her to join me. I understand the FP form can only be used if my wife is applying from within the UK

[Casa]

VAF4a subitted by you in Nigeria. The FP route is an extremely long one with a decision that may take years with no guarantee of success. If your husband is earning £18,600 or over it would be far better (and quicker) to return to Nigeria and apply from there.

https://www.gov.uk/join-family-in-uk

Note this was written when your wife appeared to be posting. Therefore 'submitted by you' refers to an application by your wife. The spouse visa application on form VAF4a can't be submitted by you (the sponsor) in the UK.