How to apply from within the UK?

I am curious on exactly how to apply for a spouse settlement visa from within the UK? I know this is an option, but not sure what makes you able to do that. Could my husband apply on my behalf from within? Would I need to be granted some type of visit visa for 6 months before I apply? Or could I come for a 2 month visit and priority apply? I am keen on saving on the application fee as I’ve applied and been denied (lack of evidence) before.

I am curious on exactly how to apply for a spouse settlement visa from within the UK? I know this is an option, but not sure what makes you able to do that. Could my husband apply on my behalf from within? Would I need to be granted some type of visit visa for 6 months before I apply? Or could I come for a 2 month visit and priority apply? I am keen on saving on the application fee as I’ve applied and been denied (lack of evidence) before.

Welcome! 

No, unless you are already on a visa which permits you to live in the UK, you can't apply from within the country. You can't apply as a visitor.

Larrabee's right on this one.  We've all (or a good portion of us) wanted to apply from within & yes there was a "UK Gov" website which said we could.  *note quote/unquote as it wasn't the official site just one with those words in it.  I have the official word of a barrister turned judge turned immigration expert of 25+ years that the answer is No for first spousal visa appliers.

Unfortunately you still classify as a first timer because you haven't gotten approval.  Even if you prepped all the paperwork & paid the fees in the UK you need to go for the biometric & fingerprints.  Showing up for the appointment in the UK would be a waste of time & money because they're going to think you're applying for your FLR & you would need to show your resident permit card.

I have the official word of a barrister turned judge turned immigration expert of 25+ years that the answer is No for first spousal visa appliers.

Unfortunately you still classify as a first timer because you haven't gotten approval.

That’s not quite right - it’s not specifically about first time spousal visa appliers....  what determines whether or not you can apply from inside the UK is the type of visa you currently hold.

You have to already be legally living in the UK in order to apply from inside the UK. A visitor visa does not allow you to live in the UK, therefore you cannot apply if you are in the UK on a visitor visa.

If you hold a different type of visa valid for more than 6 months (work visa, student visa, fiancé visa etc.) you CAN apply for your first spousal visa from inside the UK because your current visa allows you to live in the UK and allows you to switch to a spousal visa.

You don’t need a lawyer to tell you all of this - it’s stated on the official gov.uk website:

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

- you have permission to be in the UK as a visitor
- your visa is for 6 months or less
https://www.gov.uk/uk-family-visa


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We usually see about 5 people a year who have applied from inside the UK, lost all the fees, and have returned to the USA to apply again... paying all over again.   

That all makes sense! Thanks for the explanation.

While I have you all here, another semi unrelated question I have is about my husbands job (or lack thereof so far). I want to reapply ASAP as we are now long distance but he is having a harder time finding a full time job as he’s just come from being a student in the US to back home before an established career in the UK. Once he does secure a job that satisfies the financial requirement, how long would you advice to wait before getting the letter from his employer and reapplying for my visa? He did have a job in the US that we can provide documents for, but there will be a 3 month gap between those jobs.

That all makes sense! Thanks for the explanation.

While I have you all here, another semi unrelated question I have is about my husbands job (or lack thereof so far). I want to reapply ASAP as we are now long distance but he is having a harder time finding a full time job as he’s just come from being a student in the US to back home before an established career in the UK. Once he does secure a job that satisfies the financial requirement, how long would you advice to wait before getting the letter from his employer and reapplying for my visa? He did have a job in the US that we can provide documents for, but there will be a 3 month gap between those jobs.

If he can get a UK job paying at least £18,600 per year, and he can also show that he has earned at least £18,600 before tax in the last 12 months before applying (in the US and/or the UK), then you can apply whenever you’re ready (this is Category B)

If he has not earned at least £18,600 in the last 12 months, then you will likely need to wait until he has been in the new UK job, and earning £18,600 for at least 6 months before you can apply (this is Category A).

Have a read through the Appendix FM 1.7 financial requirements document to see the requirements for Category A and B and what documents you need to provide for each:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf



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