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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My wife has been refused Leave to Remain as we applied from

Customer Question

My wife has been refused Leave to Remain as we applied from within the UK and she entered as a visitor. Our situation is such that we are not in a position to return to the country of origin as well have no home there any more. I am FT employed in the UK and they are basing the ruling on the fact that we should be able to return to the country of origin and no reason why our relationship could not continue there.
We are weighing up whether to appeal? Any advice would be greatly appreciated
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
What is your wife's nationality and what is your nationality?
Customer: replied 2 years ago.

I am a British citizen and my wife American. We were living in the US for the past 2 years and I have returned to the UK in Jan this year with my wife and child. Both were refused Leave to remain as they entered the country as visitors

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
Unfortunately, it is not possible to switch from visitor status to any other status in the UK without having valid reasons e.g. Human rights.
As your wife is from the US, my advise would be for her to return to the US and apply for a spouse settlement visa to join you in the UK.
You may want to consider if your child is already a British Citizen e.g. If you were born in the UK.
Hope this helps