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 UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

Both my husband and I are US citizens. He is working in the

This answer was rated:

Both my husband and I are US citizens. He is working in the UK on Tier 1 General Visa. I came to the UK in March 2014 on a visitor’s visa (basically it’s a stamp at customs when I entered the country) and got married in early June. I am in the process of applying for Tier 1 dependant visa. I booked a premium service at Croydon Home Office and when I showed up with my application today, they said that they can’t process my application because I didn’t obtain entry clearance when I first came to the UK. They can’t switch my visitor’s visa to Tier 1 dependant visa. They suggested me to post my application to a Home Office. If Croydon Home Office could not issue me a visa, why would they suggest me to send in my application to a Home Office? Their reason is that I might get a visa because I got married in the UK. Why would two Home offices make difference decisions? What are my chances of getting a visa if I do decide to send my application in? My another option is going back to the US to get a visa. But I don’t really want to choose that route (plane tickets, hotel fees can be expensive). What should I do? Should I post in my application or go back to the US? Daisy
Hello Daisy,

You are not allowed to switch from visitor status to dependant status in the UK, you would need to leave the UK and apply for entry clearance from the US.

However, the Home Office may exercise discretion and grant you leave to remain from within the UK, this is possibly why you were advised to post your application to the Home Office.

However, unless there are compelling reasons e.g. medical, I do not see you being granted leave to remain from the UK and would advise you to return to the US and come back with an appropriate entry clearance.

May I help further?
Customer: replied 3 years ago.

Thanks. So getting married in the UK is not good enough a reason for them to grant me leave to remain? What other compelling reasons would they grand me leave to remain?

No, that is not good enough and you are lucky to have even managed to get married in the UK as normally you need a special visa to get married here.

Other compelling reasons could be disablity, war back home etc.

Hope this helps-please leave feedback
UKSolicitorJA and other Immigration Law Specialists are ready to help you