Can spousal visas applications be filed from within the UK

Minuvweyna · #1 (**permalink**) 6th June 2009, 11:37 AM

I am in the UK currently on a student visa, and met my fiance almost immediately after my arrival. I will be finishing my course and switching to a Tier 1 Post Study visa (which will allow me to stay and work freely for 2 years). This means that I will have a current visa through January 2011. My fiance and I plan to marry in Sept 2010, so I will not have immediate visa problems. However, I have been told that the Post Study visa requires that I switch into a more permanant visa as soon as possible (and since time on a Post Study visa does not count toward Indefinite Leave to Remain or Citizenship I am happy to switch immediately to a Spousal visa).

However, I am not seeing instructions for applying for a Spousal visa from WITHIN the UK. I will be resident legally, so it seems odd that I might be required to leave the country in order to apply to change visa types. I don't like the idea of having to take my honeymoon in the US, especially since if the visa takes longer than expected, it could make our planned return to the UK problematic. I doubt many employers would be overly understanding if I were to get stranded for an extra week or two in the US...

I've scoured every web page I can find for this information, and even emailed the Home Office (who never replied, despite the fact that the address was for questions not answered by their website).

Has anyone gotten married while legally resident in the UK and switched to a Spousal visa?

Any help would be extremely helpful!

Elizabeth

izzysmum04 · #2 (**permalink**) 8th June 2009, 09:29 AM

Hi, Elizabeth! Sorry to be the bearer of bad news, but you will have to return to the US to apply for a spousal visa, as it can only be applied for within the applicants home country, I'm afraid. That is why there are no instructions for anyone to apply within UK. Good luck with everything!

Minuvweyna · #3 (**permalink**) 8th June 2009, 09:50 AM

Quote:

Originally Posted by izzysmum04

Hi, Elizabeth! Sorry to be the bearer of bad news, but you will have to return to the US to apply for a spousal visa, as it can only be applied for within the applicants home country, I'm afraid. That is why there are no instructions for anyone to apply within UK. Good luck with everything!

Any idea how long the application will take? Talk about putting a damper on good honeymoon plans...

My student visa only took a couple of weeks to get back, but do spousal visas take longer? If it takes much longer than a couple of weeks I'll undoubtedly be loosing my job when the time comes to apply... =/

izzysmum04 · #4 (**permalink**) 8th June 2009, 10:10 AM

Quote:

Originally Posted by Minuvweyna

Any idea how long the application will take? Talk about putting a damper on good honeymoon plans...

My student visa only took a couple of weeks to get back, but do spousal visas take longer? If it takes much longer than a couple of weeks I'll undoubtedly be loosing my job when the time comes to apply... =/

Mine took about 2 weeks to receive, but that was 5 years ago. I am not certain what the turn around time is now. Can't see that it would be any longer than that, but just can't say for certain.

Shipresa · #5 (**permalink**) 9th June 2009, 04:46 AM

I recently received my spousal visa. It took one day out of the Los Angeles Embassy.

From experience in other consulates/embassies, using a known agent helps, and the LA British Embassy was helpful. An agent also ensures everything necessary is included, and I learned many items which are not on the Home Office lists (or Worldbridge, etc.) where taught to me from the visa agent, such as sending the British citizen's original birth certificate, or original passport, and of course certified by solicitor any docs we could not provide originals.

The visa itself only took a day, but getting a biometrics appointment took a bit longer, but I learned from the visa agent - make an appointment but if its dated later than you want, then simply go the center with your confirmation letter. I'm in a huge metro city, and the homeland security folks were so nice and took me right in, saving me weeks of waiting.

Also look at the processing times list the Consulate puts out every few months. Right now in the LA Office it is taking 3 months.... but I got it in a day.

Note - Australian, New Zealand and USA citizens can only apply online. Other countries can apply in person to the British Consulate/Embassy of their country.

No, you cannot apply from inside UK.

Minuvweyna · #6 (**permalink**) 10th June 2009, 12:16 PM

I just wanted to update this. I finally found a number and got through to an actual person at the Immigration Enquiry Bureau. Explained my situation, and that I would have a valid visa at the time of my marriage and asked what form I needed for a spousal visa and if I needed to return to the States to apply. She told me that I would NOT need to leave the UK. I don't know if this is a new method/form or if my situation is just unusual since I met my fiance in the UK, rather than us meeting abroad.

For anyone who is in the UK legally on a valid visa, you can apply for a spousal visa, from INSIDE the UK, using Form FLR(M) - Further Leave to Remain as a Spouse/Civil Partner/Same Sex Partner. The form makes a lot more sense, since it doesn't ask strange questions (like "when will you be joining your husband?" - but we live together!)

This was a huge relief for me, and I thought maybe someone else might benefit from my 15 minutes sitting on hold waiting to ask, so I thought I'd post it here.

If anyone else needs it or is just curious, here is the form http://www.ukba.homeoffice.gov.uk/si...formflrm042009

If this is a new thing, I must say it sure seems like an improvement! Huzzah, Home Office!

Elizabeth

izzysmum04 · #7 (**permalink**) 10th June 2009, 04:59 PM

Elizabeth, so sorry, you are correct, as you will be on a Tier 1 Post Study Work visa. I wasn't fully paying attention (that's what happens when you have a crying 13 week old on your lap.. lol ), and focused on you saying you were on a student visa. Anyone on a plain student visa cannot apply from within the UK. Anyone on the Tiers visas may apply from within the UK. Sorry for the confusion.

PeterR · #8 (**permalink**) 3rd July 2009, 08:50 PM

My wife got a FLR (M) in UK. She was here on an entry permit accompanying her parents while her father was training for the Christian ministry with a church denomination here.

doppiavu · #9 (**permalink**) 14th July 2009, 06:43 PM

I also had a difficult time tracking down the correct govt dept to speak to regarding the spousal visa and whether I could I apply from within the UK. Since my current visa is still valid for another year I was initially told I could apply from within the UK. However, when they found out that I was here on a Working Holidaymaker Visa I was told that I had to apply from outside the country as the intention of my current visa states that I have no intention of staying permanently. I'm heading off to the US to apply and have been told it will take 8-12 weeks (it takes longer during summer) but I am hoping that's not the case. My work will let me telecommute otherwise I'd be in serious trouble job-wise! Good luck!

littleviking · #10 (**permalink**) 30th July 2009, 05:46 PM

just a random and HUGE thank you! for you investigating... i'm in the exact same situation as you (US student in the UK on student visa, soon changing to post-study and wanting to upgrade to spousal) and i've been having a nightmare of a time trying to find info on how to go about it.. i'm upgrading to the post-study visa this fall and then looking to change to the spouse visa.. have you gone through with it yet? any insight? thanks!