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Questions about general issues

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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mrshomersimpson
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Posts: 2
Joined: Fri Mar 11, 2016 10:45 pm

Questions about general issues

Post by mrshomersimpson » Fri Mar 11, 2016 11:33 pm

Hi all

I'm new here so sorry if I have posted this in the wrong section.

My fiancée is American and currently over from the US to visit me. He was admitted to the country on a leave of stay for 6 months.

Since he arrived lots of thins have happened in personal life and we were wondering if there was any options for him to apply for further leave to remain?

I can find very little advice on this, and the advice I have found so far switches between yes you can and no you cant. One advisor said we couldn't apply for further leave to remain as he in not in the country on an actual visa. He only has leave to remain for 6 months. Others say he can stay due to circumstances that have recently happened in the family

There are lots of very good reasons why he needs to stay without getting too personal on the first post!

I really hope to get some advice. Even if its not the advice I want to hear. I really am lost in the whole process. With the rules of visa application being that you cannot get a refund, I really don't want to apply for the wrong visa.

I was wondering if there was also any other type of visa he could apply for from within the UK that would allow him to stay under special circumstances?.

Hopefully there is something we can do from inside the uk. Trying to find advicehas been very very difficult (Based in Scotland)

thanks for any help

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Questions about general issues

Post by vinny » Sat Mar 12, 2016 12:06 am

No. Visitors with six months leave are not normally permitted to extend nor switch to a different category.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Questions about general issues

Post by Casa » Sat Mar 12, 2016 9:45 am

Assuming you are able to meet all the standard requirements, including the minimum income level of £18,600 (as his sponsor) he could either return to the US and apply for a fiance visa to return to the UK and marry within 6 months, or marry in the US and apply for a Spouse Settlement visa from there.
As Vinny has already advised, he will be unable to switch to any other category of visa from here. Compassionate reasons would have to be extreme and exceptional, unable to travel for verified medical reasons for example.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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