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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7690
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Immigration Law

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

can a non-visa national ... Show More
can a non-visa national spouse eg US Visitor switch to settlement in UK without obtaining an entry clearance
Submitted: 3 years ago.
Category: Immigration Law
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replied 3 years 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,
Customer reply replied 3 years ago.

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

Thomas, Lawyer replied 3 years 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?
Customer reply replied 3 years ago.

visa waiver and was given 6 months

Thomas, Lawyer replied 3 years 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,
Customer reply replied 3 years 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.

Thomas, Lawyer replied 3 years 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:
As well as the other eligibility criteria:-
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 .
Customer reply replied 3 years ago.

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

Kind Regards

Thomas, Lawyer replied 3 years ago.
Thank, You're welcome./
Thomas, Lawyer replied 3 years 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,