If you’re currently in the UK on a visitor visa and considering staying longer by applying for a spouse visa, it’s essential to understand the immigration rules. The UK Home Office has strict regulations, and in most cases, switching directly from a visitor visa to a spouse visa while inside the UK is not permitted.
Key Takeaways:
- Switching from a visitor visa to a spouse visa within the UK is generally not allowed.
- You must apply for a spouse visa from outside the UK unless you hold a visa type that allows switching.
- Attempting to switch may result in a visa refusal or a re-entry ban.
- A more suitable alternative is the fiancé visa, which does permit an in-country switch after marriage.
- Meeting the eligibility criteria for a spouse visa is essential: relationship proof, financial requirement, English language ability, and accommodation.
Why You Cannot Switch from a Visitor Visa to a Spouse Visa in UK?
Visitor visas are issued for short-term purposes, such as tourism or visiting family. By entering on a visitor visa, you declare to the UK Home Office that you will not remain in the country permanently or apply for a different visa.
Applying for a spouse visa while in the UK on a visitor visa contradicts this commitment. The Home Office treats such attempts as a breach of immigration conditions and may impose serious consequences, including visa refusals and bans on future entry for up to 10 years.
Check Also: UK Spouse Visa Processing time – A Guide
What Should You Do Instead?
If you plan to live in the UK with your partner long-term, the appropriate path is to:
- Leave the UK before your visitor visa expires.
- Apply for a spouse visa from your home country or country of legal residence.
To apply successfully, you must:
- Prove your relationship is genuine and ongoing.
- Meet financial requirements (minimum income or savings).
- Pass an approved English language test.
- Show evidence of suitable accommodation.
Once approved, the spouse visa allows an initial stay of 2.5 years in the UK, with the potential for extension and permanent settlement (ILR) after five years.
Which Visas Allow Switching to a Spouse Visa from Inside UK?
The following visa categories allow in-country switching to a spouse visa:
Fiancé(e) Visa
- Valid for 6 months to allow marriage or civil partnership in the UK.
- After the marriage, you can switch to a spouse visa without leaving the country.
Student Visa
- Allows switching if you marry someone with settled status or British citizenship.
- You must demonstrate a genuine relationship.
Skilled Worker Visa
- Switching is allowed if all spouse visa requirements are met.
Other Long-Term Visas
- Global Talent Visa
- Innovator Founder Visa
- Minister of Religion Visa
- Representative of an Overseas Business Visa
Important Eligibility Conditions:
To switch to a spouse visa, you must:
- Apply before your current visa expires.
- Be in a genuine and subsisting relationship.
- Intend to live permanently with your partner in the UK.
- Meet the minimum income threshold or show sufficient savings.
- Pass an approved English language test.
- Provide adequate accommodation details.
Caution: Overstaying your visa may disqualify you from switching and lead to enforcement action.
Conclusion:
UK immigration rules are strict and constantly evolving. Attempting to switch visas from inside the UK without legal grounds can cause long-term harm to your immigration record.
If you’re unsure about your visa status or eligibility to apply for a UK spouse visa, consult with a qualified immigration adviser before taking any steps. Making the correct decision early can save time, money, and stress.
Frequently Asked Questions:
Can I switch from a UK Visitor Visa to a Spouse Visa while in the UK?
No, you cannot switch from a Visitor Visa to a Spouse Visa while in the UK. UK immigration rules require you to return to your home country and apply for a Spouse Visa from there.
How do I apply for a Spouse Visa from outside the UK?
You must apply online through the UK government website, submit your supporting documents, attend a biometric appointment, and wait for a decision from the UKVI in your home country or country of legal residence.
Why can’t I apply for a Spouse Visa from within the UK as a visitor?
Visitor Visas are intended for short stays only. The UK immigration rules specifically restrict switching to most long-term visa types, including the Spouse Visa, while you’re in the UK as a visitor.