Can a non-EU national married to a British citizen come to the UK on a tourist visa and change her status?

Question

My wife is Mexican and I am currently in Mexico with her. I am a British national. We wish to return shortly and do not have time to apply for a spouse visa. Is it possible for her to enter with a six month tourist visa and then apply for a spouse visa once in the UK?

Or does anyone know of any other solution? She has an appointment at the Mexican Consulate on August 6th but our flights are booked for August 2nd!

Answer 1

Being married to a UK citizen automatically entitles you to stay in the EU.

I am married to an American (I hold a UK passport) and we live in Germany.  He was given a 5 year working visa based on this. He will get an unlimited visa after the 5 years are up.

Answer 2

No. Spouse visa have to be applied for from country of residency. Why on Earth didn't you book your flights for a later date?! if I were you, I would change your flights. It may be a little more expensive in the short term but would save booking a whole new flight when she would have to return to apply for the spouse visa - which she would have to do.

Answer 3

Yes  it might JUST be possible - the web site says to get in touch if you want to change your conditions.

Should you do it ? NO NO NO NO NO NO NO NO

The tourist visa requirements state QUITE CLEARLY that if you are applying as a visitor then you should be a VISITOR.

Don't be stupid there is no quick solution. You need to apply for a spouse visa and be able to meet all the conditions. Trying to get around the rules will only get you a REFUSAL - you have no automatic right to have your wife be here.

as for Temmah B - yes she can have her spouse from anywhere in the world join her if she is a UK national so long as she is NOT in the UK but in another EEA country.

So if you move to any EEA country OTHER than the UK your wife can join you, to live and work freely BUT you need to be living together and should you split up she would have to go back to Mexico.

Answer 4

nope. a tourist cannot change category (visa)  in country.  she needs to go back  to her country and apply for a spouse visa.

Answer 5

No she cannot change her status from tourist to spouse - she would have to return to Mexico and make a fresh application to come as a spouse. Why doesn't she apply to come here as your spouse??? I don't understand why you are making it harder for yourself. They would probably deny her application for a tourist visa because she IS your wife - they would think that she was trying to stay in the UK and trying to jump the queue.

Honestly, the best thing you can do is apply for the spouse visa - I am trying to give you the best advice possible.

Any application you would try to make for leave as a spouse in the UK would be refused because of her status as a tourist.

It would be wise to read over the pages i have attached

You cannot apply for an extension of stay here in a different category - it would need to be in the category that you initially came to the UK as - in this case Visitor - and Visitors to the UK cannot stay more than 6 months and then they have to return home.

I am just asking that you think properly about this before you do anything rash - this is your future you should be thinking about and any silly decision now may damage future prospects.

Good luck

Answer 6

No. They used to allow you to apply to change your status while on holiday but not anymore - they changed the law a few years ago. Your wife will need a spouse visa before she travels if she intends to stay in the UK. If you need to travel quickly you could always apply for her to join you later on. It's definitely not worth the risk of bringing her with you only to have her turned around in the airport and sent back home to Mexico without you. Just imagine how awful you would feel. :-/

Answer 7

Delay the travel plans and apply for the Visa in Mexico.A tourist Visa will not suffice and she will have to return to Mexico for the proper Visa.You have no regrd for the Law and she will be deported.