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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Lady is British just given birth to a child lives in Nottingham

Resolved Question:

Lady is British just given birth to a child lives in Nottingham Husband is here on a visitors visa which expires in September, can the husband apply for a spouse's visa while in England or does he have to return to Barbados to do so?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that visitor’s not permitted to switch categories in this way. This is because a visitor’s visa is subject to the condition that the visitor must leave the UK before the leave to remain granted under the visa expires. This is taken to mean that they are not permitted to submit an application to switch to another category from within the UK.
The only time that it is permitted is in absolutely exceptional circumstances, where is usually means that by not letting them switch the visitor’s health would be prejudiced or the health of someone else would be prejudiced.
I cannot really see that this applies here because although it may be somewhat difficult for the mother after he leaves it will presumably not be to the extent that the health of mother or child is materially affected.
Under these circumstances, his time in the UK until he leaves would be best served by seeing a local solicitor to prepare his spouse visa application before he leaves, so that he can submit it immediately once he has returned to Barbados.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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