Uk Visitor Visa Change Category To Wife

[padeakin]

My Thai wife will soon visit me in the UK on a visitor Visa.

If during the visit we decide that we want to remain in the UK, is it possible to change the Visa category from visitor to a settlement (wife) visa whilst in the UK. I have had and seen conflicting advise about this. Does anyone have any experience of this?

The information on the UK Border Agency website suggests it is possible (see text copied below) *

One thing that is not clear to me from the text :

The minimum of more than six months does not apply to you if we gave you permission to enter as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 Migrant, and you are still with the same husband, wife or partner.)

Does 'permission to enter as a wife' mean the visitor visa issued to wife (ie: after we were married)?

Thanking you in advance for any advise

Paul D

* This page explains how you can apply for permission to enter or remain in the UK as the husband, wife or civil partner of a person who is settled here or applying to settle here.

If you are already in the UK

If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if we gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of husband, wife or civil partner.

(The minimum of more than six months does not apply to you if we gave you permission to enter as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 Migrant, and you are still with the same husband, wife or partner.)

To switch into this category and be given permission to remain in the UK as a husband, wife or civil partner, you must also meet all of the following requirements:

* you are married to or the civil partner of a person who is present and settled in the UK;

* you and your husband, wife or civil partner will both be aged 21 or over on the date when we would give you permission to remain;

* you have met your husband, wife or civil partner;

* you have not remained in the UK in breach of the immigration laws;

* your marriage or civil partnership did not take place after a decision was made to deport or remove you from the UK;

* you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);

* there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use; and

* both of you will be able to maintain yourselves and any dependants adequately without needing public funds.

To find out how to apply for permission to remain, see the Applying from inside the UK page.

If your application is successful, we will give you permission to live and work here for two years. This is called your probationary period. At the end of the two years, you may be able to apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's husband, wife or civil partner.

Please note that, in most circumstances, you cannot marry or enter into a civil partnership in the UK unless:

* you been given entry clearance expressly for the purpose of letting you marry or register a civil partnership in the UK; or

* you have a certificate of approval to marry or register a civil partnership in the UK.

You can find out more about entry clearance and certificates of approval in the section on Marriage and civil partnership.

Edited March 21, 2010 by padeakin

[7by7]

A visit visa cannot be switched to another category in the UK; she will have to return to Thailand to apply for settlement.

You are already married, but for general information; neither can a visitor marry in the UK if they have a visit visa without first obtaining a Certificate of Approval; unless they have a Marriage/Civil partnership visit visa, and if they do either of these they cannot then apply for settlement while in the UK but must return to Thailand to do so.

The minimum of more than six months does not apply to you if we gave you permission to enter as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 Migrant, and you are still with the same husband, wife or partner.)

Neither of these leaves to enter are visit visas; the first is a type of settlement visa for fiances/proposed civil partners and the second is a type of work permit. So neither apply in your situation.

The part you quoted in blue does not apply as a visit visa is valid for 6 months, and what you have quoted applies to those whose entry clearance is valid for more than 6 months.

Edited March 21, 2010 by 7by7

[ThaiVisaExpress]

She must return to her host country to apply for settlement.

[paully]

"is it possible to change the Visa category from visitor to a settlement (wife) visa whilst in the UK. I have had and seen conflicting advise about this."

The short and clear answer is no. There is no question of 'conflicting advice' if she has a visitor visa. The rules were changed in 2004. She has to return to Bangkok and apply for settlement.