How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

can a non-visa national spouse eg US Visitor switch to

Customer Question

can a non-visa national spouse eg US Visitor switch to settlement in UK without obtaining an entry clearance
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
,
Thanks question.
Is the US spouse married to a UK citizen or foreign national holding ILR?
Have they entered under a visit visa?
Kind regards,
Tom
Customer: replied 1 year ago.

The US Spouse has been married to UK citizen for more than 8 years and recently came to UK with him

Expert:  Thomas replied 1 year ago.
,
Thanks. Did the US spouse enter either with a visit visa or under the visa waiver rules whereby US citizens are granted leave to remain at the airport rather than applying visa beforehand?
Tom
Customer: replied 1 year ago.

visa waiver and was given 6 months

Expert:  Thomas replied 1 year ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
No, I’m afraid not. A visit visa is granted subject to the condition that the person entering must leave the UK within the visa period. This is taken to mean that they may not switch to any other visa category, including that of a spouse of a UK citizen.
The only circumstances where it is permitted are exceptional circumstances where, , it would prejudice a person’s health in order to require them to fly back home.
She will have to return to her home country in order to apply spouse visa I’m afraid.
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
Customer: replied 1 year ago.

I thought the restriction applied only to visa countries like Russia or Iran . This case involves my British born sister and her American husband . They live in California ten years my sister came back to the UK in November 2014 and her husband a Musician just joined her a month ago , Could they not applied under the family route bearing in mind that they have two children who are all British citizens and are in now in full time education in the UK.

Expert:  Thomas replied 1 year ago.
,
It applies to US citizens in exactly the same way that it applies to citizens of Russia, Iran etc, I'm afraid.
You can't extend a visit visa in normal circumstances and not being aware of the law is not an arguably reason to get them to exercise their discretion.
If she were to apply spouse visa then it would be rejected by the home office and she would either have to leave the UK and apply from outside (quickest way forward), or attempt to appeal the decision to an immigration appeals tribunal arguing that her application would be allowed (her chances would not be great frankly).
In order to be eligible spouse visa they must also show that thye meet the financial requirement, which is here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
As well as the other eligibility criteria:-
https://www.gov.uk/join-family-in-uk/eligibility
I'm afraid that entering under a visit visa was not the best thing to do, because it may impact their ability to evidence them meeting the financial requirement too.
Basically, she needs to see an immigration solicitor now to check whether they will be able to meet the financial requirement spouse visa having regard to the fact that they have prematurely relocated to the UK without getting a spouse visa. After taking their instructions, she can review what they want to do in light of the advive they receive from the solicitor.
I am sorry that I could not have better news .
Tom
Customer: replied 1 year ago.

thanks advise it has been very helpful and informative . I will always recommend your services .

Kind Regards

Expert:  Thomas replied 1 year ago.
Thank, You're welcome./
Tom
Expert:  Thomas replied 1 year ago.

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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm