Can a U.K. visitor visa be converted to a fiancé visa ?

[HerbyJFlash]

Hi All,

 

My thai gf is currently in the U.K. with me. She has three months left on her visa.

 

Would it be possible to convert the visa to a fiancé visa whilst she is in the U.K. or would she have to return to Thailand first.

 

Also , our application for the visitor visa said she would be here for for 90 days , but she is now going to stay the full six months. Would this effect our fiancé visa application?

 

[theoldgit]

Nonsense troll post removed.

[theoldgit]

No, she can't convert her Standard Visitor Visa into a Fiancée Visa.

 

As to your second point, I think you were previously advised about the problems of your girlfriend staying for the full six months when claiming that she intended staying for 90 days in her application.
Whilst staying for six months doesn't breach any immigration rules, your concerns that doing so might cause her problems in any future application are justified.
When her application was considered, the decision maker would have taken account of all the facts she presented with her application, including any ties to her home country, if she decided to stay for double the period declared in her application, it may well cause the ECO to doubt the credibility of any future reasons to return.
If she decides to "overstay" she should explain her reasons for doing so in any future application. 

[Jumbo1968]

On 1/4/2021 at 9:51 PM, HerbyJFlash said:

Hi All,

 

My thai gf is currently in the U.K. with me. She has three months left on her visa.

 

Would it be possible to convert the visa to a fiancé visa whilst she is in the U.K. or would she have to return to Thailand first.

 

Also , our application for the visitor visa said she would be here for for 90 days , but she is now going to stay the full six months. Would this effect our fiancé visa application?

 

My partners Visitor visa expired in September, I apply to have it extended every month explaining because of exceptional circumstances she cannot return to Thailand. Currently it has been extended to January the 31st but I don’t know how long they will let her extend it for. We have flown to BKK via Dubai from Newcastle n the past,  they never checked her passport before we left so no one would know if she overstayed not unless at the check in desk they would see it and report it.

[theoldgit]

7 minutes ago, Jumbo1968 said:

We have flown to BKK via Dubai from Newcastle n the past,  they never checked her passport before we left so no one would know if she overstayed not unless at the check in desk they would see it and report it.

 

Carriers, including all airlines, Eurostar and ferries, record the details of all passengers leaving the UK, they are required by law to forward the information to the UKBA, they in turn use that information to check against arrival records.

[HerbyJFlash]

@Jumbo1968Thanks for your reply . Would you mind explaining the exceptional circumstances please ? Or do you just mean covid etc. Hope I don’t sound nosey .  

[theoldgit]

@HerbyJFlash This is the current advice from the UKBA, including the option to extend leave in exceptional circumstances, the UKBA will of course be aware that many Thai nationals and Expats return to Thailand every week.

 

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

[Tony M]

2 hours ago, theoldgit said:

@HerbyJFlash This is the current advice from the UKBA, including the option to extend leave in exceptional circumstances, the UKBA will of course be aware that many Thai nationals and Expats return to Thailand every week.

 

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

 

That is indeed the current situation.  It has actually been possible to switch from a visitor visa to settlement recently.  I am aware of at least two Thai visit visa holders who have done so successfully. But the current guidance above (from theoldgit) has this proviso now: 

 

If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 December 2020 and 31 January 2021 you may request additional time to stay, known as ‘exceptional assurance’, by emailing [email protected].

If your leave expires after 31 October 2020, you can make your application from inside the UK where you would usually need to apply for a visa from your home country if:

• your application is urgent, for example if you have a family emergency and cannot apply from outside the UK
• you cannot apply from outside the UK due to coronavirus

This is being kept under review."

 

It says - "if you cannot apply from outside the UK due to coronavirus".  In typical fashion, the UKVI don't give any further guidance, so you can, if you wish, make an application, with evidence that it is not possible for you to return to Thailand to make an application "due to coronavirus". It makes it easy for the UKVI to refuse the application, should they want to or if the evidence is poor. You will, of course, lose your visa application fee, if they do refuse the application.  

 

The guidance also says:

 

"If you’re unable to provide specified documents

In some cases, we will be able to decide your application without seeing certain specified documents if you cannot get them due to coronavirus. Otherwise, you may be asked to submit the specified documents after the date of application."

 

In the case of switching from visit to settlement, that would probably be an A1 English test pass and a TB certificate. In the cases that I'm aware of the applicants were put on the 10-year route due to lack of required evidence. It is, however, fairly easy to get the English test done in UK. And, if the applicant has been in UK for more than 6 months (on "exceptional assurance" from the UKVI), then it seems that the TB certificate is not required, as the requirement states:
 

Who does not need to be tested

You will not need a TB test if any of the following apply:

• you’re a diplomat accredited to the UK
• you’re a returning UK resident and have not been away for more than 2 years
• you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months

 

 

 

 

[HerbyJFlash]

Wow wow wow. That’s very interesting,  thanks both of you for your advice. 
 

I have a A1 test booked for next week. And will look into the TB test now. I guess once that is done I will access where we are at. 
 

My main concern is that if she leaves the U.K. getting to see her again could become nearly impossible due to the new covid outbreak in Thailand. 

[Jumbo1968]

I think there is wrong info being posted, you cannot convert a Visitor Visa to. Settlement Visa more so if you are currently in the U.K. If there is any truth can some one post a Gov. U.K. link showing the info ?

[theoldgit]

19 minutes ago, Jumbo1968 said:

I think there is wrong info being posted, you cannot convert a Visitor Visa to. Settlement Visa more so if you are currently in the U.K. If there is any truth can some one post a Gov. U.K. link showing the info ?

There’s certainly no inaccurate information being shared whatsoever, I’ve posted a link to the current advice from the UKBA, and Tony M has mentioned that it was previously permissible to exceptionally apply for Settlement from within the UK, if the applicant was genuinely unable to return home, I provided the link at the time and, like Tony M, I’m aware of a couple of applicants who took advantage of the concession at the time.

 

@HerbyJFlashwhilst I sympathize with your girlfriends wishes, I suspect that the argument that “if she returned home as planned that getting to see her again might be impossible for you” might not be considered exceptional circumstances, given that there are no travel restrictions for either of you, though there are hoops to jump through, and quarantine on arrival for you both.

Of course it’s not me your girlfriend has to convince, so don’t let me put her off if she wants to chance it.

[Jumbo1968]

1 hour ago, theoldgit said:

There’s certainly no inaccurate information being shared whatsoever, I’ve posted a link to the current advice from the UKBA, and Tony M has mentioned that it was previously permissible to exceptionally apply for Settlement from within the UK, if the applicant was genuinely unable to return home, I provided the link at the time and, like Tony M, I’m aware of a couple of applicants who took advantage of the concession at the time.

 

@HerbyJFlashwhilst I sympathize with your girlfriends wishes, I suspect that the argument that “if she returned home as planned that getting to see her again might be impossible for you” might not be considered exceptional circumstances, given that there are no travel restrictions for either of you, though there are hoops to jump through, and quarantine on arrival for you both.

Of course it’s not me your girlfriend has to convince, so don’t let me put her off if she wants to chance it.

I think where it says ‘genuinely unable to return home’ ,  is the key, there are flights available irrespective of any other circumstances. I can’t think of any other reason why some one can’t return to Thailand. I have applied received permission for my partner to extend her visa on the understanding it’s only temporary.

[KhaoYai]

On 1/6/2021 at 11:17 AM, Jumbo1968 said:

My partners Visitor visa expired in September, I apply to have it extended every month explaining because of exceptional circumstances she cannot return to Thailand. Currently it has been extended to January the 31st but I don’t know how long they will let her extend it for.

I don't know how you are getting away with claiming she can't return but you might not get away with it much longer.  It could also raise a few eyebrows if she makes another Visitor Visa application.

 

There are absolutely no grounds to state your partner cannot return home now - my wife arrived in the UK on 26 August and returned to Thailand on 18 October.

Edited January 7, 2021 by KhaoYai

[KhaoYai]

20 minutes ago, Jumbo1968 said:

I can’t think of any other reason why some one can’t return to Thailand

The only people I can think of are those that had their flights cancelled earlier this year and are still waiting for refunds.  I know my wife was in contact with a few like that on a Facebook group before she returned.

[puchooay]

3 hours ago, Jumbo1968 said:

I think there is wrong info being posted, you cannot convert a Visitor Visa to. Settlement Visa more so if you are currently in the U.K. If there is any truth can some one post a Gov. U.K. link showing the info ?

I can confirm my wife successfully applied for a settlement visa whilst here, in UK, on a visitor visa.

 

Can't remember the exact dates but I believe the first was that her visa expired prior to 31st March 2020. She first got a Covid19 extention up to 31st July.

 

Application for a settlement was started in April. As soon as the application was made there was no further need to seek another extension to her stay as she was deemed "under consideration".

 

A1 test was required but not TB test, she had already been in UK for 6 months and I believe this was the reason. The fees were also those of FLR so slightly cheaper than settlement.

 

Everything, with the exception of A1 test, was done online. Biometrics card was posted to our registered address in October.

 

Current rules can be found here : https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

Edited January 7, 2021 by puchooay

[Tony M]

45 minutes ago, puchooay said:

I can confirm my wife successfully applied for a settlement visa whilst here, in UK, on a visitor visa.

 

Can't remember the exact dates but I believe the first was that her visa expired prior to 31st March 2020. She first got a Covid19 extention up to 31st July.

 

Application for a settlement was started in April. As soon as the application was made there was no further need to seek another extension to her stay as she was deemed "under consideration".

 

A1 test was required but not TB test, she had already been in UK for 6 months and I believe this was the reason. The fees were also those of FLR so slightly cheaper than settlement.

 

Everything, with the exception of A1 test, was done online. Biometrics card was posted to our registered address in October.

 

Current rules can be found here : https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

Thank you for the information. You have confirmed what we have been saying.  It might be more difficult now that there are flights into Thailand from UK and elsewhere. 

[HerbyJFlash]

Does anyone know where I could get a TB test done ? No links to any clinics on the gov page and not much luck on google either.

[HerbyJFlash]

I think if you are applying from within the U.K. maybe you don’t need the TB test ??

[puchooay]

20 minutes ago, HerbyJFlash said:

I think if you are applying from within the U.K. maybe you don’t need the TB test ??

If applying for "settlement" visa in UK, the application actually goes through as FLR(m).

 

On that application there is no requirement for TB test, on the grounds that the applicant has already been in UK for a longer period of time.

 

I did once mention it during a phone call to the UKVI helpline. They could not advise either way.

 

My wife did not get a TB test done, she did not mention it either way on the application and she was successful. 

[Jumbo1968]

3 hours ago, puchooay said:

I can confirm my wife successfully applied for a settlement visa whilst here, in UK, on a visitor visa.

 

Can't remember the exact dates but I believe the first was that her visa expired prior to 31st March 2020. She first got a Covid19 extention up to 31st July.

 

Application for a settlement was started in April. As soon as the application was made there was no further need to seek another extension to her stay as she was deemed "under consideration".

 

A1 test was required but not TB test, she had already been in UK for 6 months and I believe this was the reason. The fees were also those of FLR so slightly cheaper than settlement.

 

Everything, with the exception of A1 test, was done online. Biometrics card was posted to our registered address in October.

 

Current rules can be found here : https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

How much was the Visa Fee if you don’t mind me asking ?

[puchooay]

46 minutes ago, Jumbo1968 said:

How much was the Visa Fee if you don’t mind me asking ?

The visa fees £1052. NHS £1000.

[Jumbo1968]

2 minutes ago, puchooay said:

The visa fees £1052. NHS £1000.

Thanks but my partner nor me have any intention of living in the U.K. permanently.