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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi there, I am an English man living, working and a business

Resolved Question:

Hi there, I am an English man living, working and a business owner in the UK, getting married next Jan in Canada to my Canadian fiancee. Have had loads of advice about applying for a spousal visa for her to enter the UK. We need to wait for 2 months for the official marraige cert to be included in the paperwork. My question is can she come to the UK on a tourist visa and apply from within the UK. I know there is a question about the biometrics, but surely she could get these done in Canada before travelling? We will both be heading back to canada in the summer for family obligations for a month, as I know she needs to re enter the country on the different visa when it comes through. We obviously don't want to be apart for 6 months, whats the answer. Thanks for your time.
Ian Lawless
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that she would not be able to enter the UK on a visit visa and then apply within the UK to switch to a spouse visa. This is very strictly prohibited because visit visas are subject to the condition that the visitor must leave the UK before their visit visa expires. This is taken to mean that they cannot apply to switch to another category of visa from within the UK.
It is enforced very rigidly unfortunately and if she attempted to do this then she would be refused and it would cause greater problems for when she actually ultimately applies for a spouse visa from Canada.
Even if this were possible (which it isn’t really) the application process is:-
1. Apply online, then
2. Send supporting documents, then
3. Give your biometrics after application acknowledged
Because of this you would not be able to book in your biometrics without first submitting your application supporting documents, which means that your wife would have already sent her passport with the application and so could not use it to travel because it would not be with her.
I’m really sorry but she would not be able to do what you propose. If you want to attempt to cut down the length of time that you are apart then I would prepare the application well in advance of when you actually marry and get a solicitor based in the UK practising immigration law to check it (or better yet get them to draft it, so that you can submit it the moment you receive your marriage certificate.
I am sorry, I know it is unfair and I wish that I could have better news for you.
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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