Can you switch from a UK tourist visa to a family visa?
If you are currently in the UK with leave to enter on a visit visa, the immigration requirements under Appendix FM state that you must not be in the UK as a visitor at the time of the application. You therefore would fail to meet E-LTRP.2.1. of Appendix FM of the Immigration Rules.
But in some circumstances, you may be able to switch categories. For example, if you are married to a British citizen and you both have children together who are also British citizens, then you may qualify under paragraph GEN.3.2. of Appendix FM if the ECO believes that there are exceptional circumstances in your case that would render refusal a breach of Article 8. This is because you have British children and it would be unreasonable to ask them to leave the UK.
Grant of leave to remain under the 10 -year route
Accordingly, they may grant the applicant a period of 30 months of limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2 of Appendix FM. You then may be granted leave to remain under paragraph GEN.1.11A. of Appendix FM. Therefore, subject to a condition of no recourse to public funds. This means that the visa holder is not entitled to receive public funds to help meet their living expenses.
Can you switch back onto the 5 – year route?
If you have a visa endorsed to remain on the 10-year visa route, you can then change to the 5-year route. This means fewer steps to permanent residency. You can do this immediately if you now qualify. However, you would need to submit a new application and pay the visa application fees.
- Can you apply for further leave to remain without a valid passport?
- Visit our FAQ section for further information about how you may be able to settle in the UK
If you wish to discuss your immigration case or want to know more about our services, please feel free to call or email us. We will get back to you within 24 hours.