Switching from 2 year family visit visa to settlement visa

[SimonW]

Could anyone please help me on the following topic? In India we were told at the visa office that a 2 year family visit visa for UK can be extended to a settlement visa, but I'm not finding the avenue to do this from my online search. And so I'm wondering if it is indeed possible? I am UK passport holder since birth and have been living here for 30 years. Thanks...

[CR001]

You have been misinformed and given the incorrect information. VFS does not necessarily know all the rules, they are only a handling agent and it likely depends on how the question was asked.

A person in the UK on a visitor visa is not able to 'switch' to any other category of visa. Spouse settlement visa has to be applied for from home country. Your citizenship has no bearing on this rule.

Furthermore, a person with a 2 year visitor visa cannot 'reside' in the UK for the full two year validity of the visitor visa as then they are NOT a genuine visitor.

[SimonW]

Thank you. So does this mean that if my wife stays for 5 or 6 months on each occasion she will be deemed to have contravened her visa? She obtained the visa in March 2015, left after 5 1/2 months (early September) and returned again in early november. How long should she stay out of the UK each time to be viewed as not living in the UK? Clearly I will have to apply for a settlement visa from her country, India. My fears are that this application might be compromised by the way the visa is being used and indeed that she might even be prevented from entering the UK in the spring after a short trip to India. Our daughter, who I can naturalise as a UK citizen has started nursery and I'm anxious we can stay together as a family...

[CR001]

The general rule is that a person holding a visitor visa should not be spending more time in the UK that in their home country in a 12 month period.

Basically not stay in the UK for more than 180 days per 12 months. She could potentially be refused entry if the Immigration Officer suspects she is 'residing' rather than just 'visiting'. What exactly did she show as proof of her ties to her home country to qualify for a visitor visa? This might be questioned with her frequent long 'visits'.

It is becoming increasingly difficult for spouse's of British Citizens to get visitor visas due to a history of an element of 'residing' and not 'visiting' by some, rather than applying for the more stringent spouse visa.

It should not have an impact on a spouse visa application. Obviously you know she is not entitled to work on a visitor visa.

Make sure that your wife does not avail of any free NHS as she is not entitled to free NHS on a visitor visa and should be charged and pay private rates for any treatment/meds/drs etc.

Why did she not apply for a spouse settlement visa in the first instance?

[SimonW]

I've been saving up to qualify for the settlement visa and now have just enough to qualify. I work freelance and haven't had a regular income these past years to meet the requirements...

[CR001]

What is your income and savings?

You need substantial savings if you are only relying on that to qualify?

[Wanderer]

For visits aside from special occasions, I'd go with secret.simon's view in another thread, two weeks twice a year.

[SimonW]

It seems like around £60000 is the level needed...

[CR001]

£62,500 if you are relying on only savings and they must have been held for at least 6 months at that level.

[SimonW]

I'm wondering if it's possible for us to avoid my wife having to go back to India - which would be very painful because our four year old daughter is now at nursery and being naturalised as a UK citizen - and instead to go to another European country and apply for the settlement visa from there. Of course this would require getting a visa for that country in the first place, which might not be so simple? Thanks

[Casa]

Afraid not. She will have to return to her home country to apply for a settlement visa.

[avjones]

There is no absolute rule about it, but she has to be in the UK as a genuine visitor. The 6 months out of any 12 is a good guide.

More to the point, though, if your daughter's at school here, and your wife's her primary carer, she's not a visitor, is she? She's breaching the terms of the visitor's visa.