Immigration Issues/UK spouse visa


Thanks a lot for your delatiled response..

If I could also clarify one other point..
My concern is if I apply for a settlement visa I will have to make the UK my place of permenant resident for the next 3 years (as per what I read on their visa website) it also said I could not leave the UK for more than 1 month of each year... Is this true?

Thanks again for your help

Followup To
Question -

Im an Indian citizen and my husband is British.
We currently live in India and would like to travel to the UK for a holiday, while there if my husband is able to secure a job of his liking we would like to live there for awhile, if not we plan to come back to India.. Could you advise me on the subject:

If I go on a tourist visa (longer than 6 months) will it be possible to convert to a long term visa / spouse visa while there or will I need to return to India for this

Answer -

Thank you for your question. The Immigration rules have changed recently and now state that anyone who enters the country as a visitor will not be allowed to switch into another Immigration category. You would therefore have to return home and obtain a UK visa to come back as a spouse.

The Home Offcie do accept applications "outside the rules" and would look at switching in country, but only in the most compelling and compassionate circumstances. This generally is interpreted as those who are unable to travel for some reason (normally medical).

You could apply for a spouse visa from your nearest British Embassy prior to coming, even if you are not sure you will stay permanently on this occasion. It will be necessary to prove that you can be supported and maintained without recourse to public funds, so it is likely the entry clearance officer would want to see things like a job offer for your husband.

I hope this brief outline has been of use to you, feel free to ask further questions if need be.

Kind regards,



I am very sorry not to have replied soonwer - I only discovered your follow up question when answering another question. One day I will learn to use this technology properly!

In answer to your question, yes you would have to have the UK as your main place of residence. If in the future you wish to apply for naturalisation as a British Citizen then you need to be careful over the length of time spent in (or out of) the UK. In terms of extending a spuse visa, then you need to demonstrate the UK is "home" but that could be argued on the basis of employment (yours or your husbands - if the work is done in the UK and paid into a UK bank account),or you could demonstrate it by spending the majority of your time in the UK.



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Ian Westwood


I can answer any question about UK Immigration and Work Permits.


Twelve years working in the field for both Government and Private Sector companies. I am now the direcrot of an Immigration Consultancy


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