Switching to a Spouse Visa In-Country
Switching to a Spouse Visa from within the UK allows eligible individuals to move from one visa category to another without having to leave the country and make an overseas application. Not all visa holders are eligible to switch, and the rules governing switching are technical.
Who Can Switch?
You may be able to switch to a Spouse Visa from a number of immigration categories, including:
- Student Visa holders
- Skilled Worker Visa holders
- Fiancé Visa holders (following marriage)
- Certain other leave to remain categories
Switching is generally not permitted for those in the UK as visitors, or those who entered the UK without leave. Individuals who have overstayed or breached conditions of their visa may also face restrictions on switching.
The 5-Year Partner Route
Partners who meet all the requirements of Appendix FM are generally granted an initial period of 2.5 years' leave to remain. After a further application for a second period of 2.5 years, and with 5 years' continuous residence as a partner, settlement (Indefinite Leave to Remain) can be applied for. This is the standard 5-year route.
- Initial grant: 2.5 years leave to remain
- Further leave: additional 2.5 years
- Settlement: after 5 years on the partner route
- British citizenship: eligible 12 months after ILR
Financial Requirement on Switching
The financial requirement must be met at the point of switching. This requires the sponsoring partner to meet the applicable income threshold at the time the application is made. We advise on what evidence is needed and how the financial requirement can be met in different circumstances.
Our Approach
Switching applications require careful preparation to ensure eligibility and to present the application in accordance with the Immigration Rules. Britlaw Solicitors handles switching applications regularly and advises on the most appropriate route and timing for your application.