Can my mother apply for a UK spouse visa while she's on vacation in the UK?

Can my mother apply for a UK spouse visa while she's on vacation in the UK? - Top View Photo of Person Paddleboarding

My mother currently holds a tourist visa to the UK. She's now in Manchester with my step father. She wanted to know if it was possible for her to apply for the spouse visa while she is there or does she have to wait to get back to the Philippines (in July) before she can?



Best Answer

She’ll need to leave the UK to apply for a family visa if she has permission to be in the UK as a visitor. Applying to switch to a family visa as a visitor in the UK is only possible if you have either a 6-month family visa as a fiancé, fiancée or proposed civil partner, or permission to stay in the UK for the outcome of a family court case or divorce https://www.gov.uk/uk-family-visa

If she lives in the Philippines she has to go back there to apply for this category of visa (see paragraph 28 https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk) and to gather the required information https://www.gov.uk/uk-family-visa/provide-information




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Can I apply for a spouse visa while on a tourist visa UK?

It is essentially a visa solely for the purpose of visiting the UK to get married, and nothing more. If you have been married in the UK to a British citizen or person settled in the UK whilst on a marriage visit visa, then you will have to leave the UK to apply for your spouse visa from overseas.

Can I apply for UK spouse visa from outside UK?

You can apply for a spouse visa from overseas or from within the UK. If you are already in the UK on a fiance visa, work visa, or student visa valid for more than six months, you may be able to switch into a spouse visa.

Can I apply for a UK spouse visa while in the UK?

Your partner can apply from outside the UK. They can also apply from inside the UK as long as they: were given leave to remain in the UK for more than 6 months.

Can you switch from a tourist visa to a spouse visa UK?

No. Unfortunately, you cannot switch from a Visitor Visa to any other visa in the UK. The Visitor Visa is intentioned as a way of coming to the UK in order to visit and not for permanent stay in the UK. The UK offers many alternative visa routes for this possibility but the Visitor Visa is not one of them.



WHICH FAMILY MEMBERS CAN APPLY FOR THE UK FAMILY VISA




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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