Enter UK as visitor visa, can switch to spouse visa?

[johnkk88]

Hi,

Appreciate your advice.

Parent (with ILR, but away > 2 years) with a young child (< 10 years old, British Citizen) intend to resettle back back in the UK.

What are the options the parent has other than applying for returning resident (understand that returning resident is rarely granted)?

Is there any visa the parent can apply for in order to return to live in the UK with the young child who is British citizen?

Thank you.

[Casa]

Where is the other parent?

[CR001]

How long has the parent been out of the UK??

[johnkk88]

Parent has been away from the UK for almost four years

[johnkk88]

Hi,

Can a parent apply for visa under "Family Life as a Parent (5-year route) if the child is British Citizen but does NOT currently live in the UK?

Both parent and the child live overseas for now. Parent is not British Citizen.

Thank you.

[Obie]

No not possible under the rules.

Zambrano Principles may apply.

[johnkk88]

Is there any other route, such that a parent can bring the British Citizen child to live in the UK?

If already own a house in the UK does it help?

[johnkk88]

The child is < 10 years old.

[Casa]

Where is the other parent?

[johnkk88]

Both parents are not British citizen and been away from UK more than 2 years

[johnkk88]

Hi,

I have ILR currently residing overseas, and plan to settle back in the UK with my wife who would need a visa to come to the UK.

As we need to relocate quite urgently, can my wife come to the UK as a visitor first (as this is faster), then apply for spouse visa in the UK?

I checked the website below, but it is not clear whether I can do so.

Would really appreciate your advice.

https://www.gov.uk/remain-in-uk-family/exceptions

[CR001]

I have ILR currently residing overseas, and plan to settle back in the UK with my wife who would need a visa to come to the UK.

How long have you been living outside the UK?

As we need to relocate quite urgently, can my wife come to the UK as a visitor first (as this is faster), then apply for spouse visa in the UK?

If she can prove she is a genuine visitor and has strong family and social and financial ties to home country. You see the impossibility here in proving genuine visitor don't you. NO she cannot switch to a spouse visa if she is in the UK as a visitor. She MUST apply from home country and meet ALL the requirements.

I checked the website below, but it is not clear whether I can do so.

She cannot switch to spouse visa from a visitor visa within the UK.

For what purpose have you posted the 'exceptions' link?

[CR001]

Topics merged. Given that you have been out of the UK for 4 years already, the likelihood that you have lost your ILR status is huge and therefore you
would have no status.