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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2215
Experience:  I am a qualified solicitor and an expert in UK law.
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I am in business visa granted for 5 years until November 2014

Resolved Question:

I am in business visa granted for 5 years until November 2014 and got married here in the UK last year, I am in/out for business meeting, based a broad. My wife who is a British as well as she has a high qualification as Me.Thus, i need to apply for 2.5 years of marriage visa . All UkPA requirements are met. My question is that can I apply for such a visa from the UK or I have to apply from outside of the UK . XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Unfortunately not, the immigration rules clearly state that the applicant wishing to apply for entry to the UK on a spouse visa must be outside of the uk. The ukba state the following :

Section EC-P: Entry clearance as a partner
EC-P.1.1. The requirements to be met for entry clearance as a partner are that-

(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP:
Eligibility for entry clearance as a partner.

For the full requirements please see the following link :

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-partner/

Unfortunately you would need to apply from outside of the uk. You would need to apply using form VAF4A and appendix 2, please see following link for further information and guidance :

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
Thank you very much for prompt response but I would like to have more stress on the point of applying from out side. As I am a libya national and I am resident in Malta that is part of EU , you think is petter to apply from Malta instead of my home country or not in respect of time, pressure and decision making from UKBA. Also, I am going to spend most of,y time between Libya and Dubai for work reason , is that will affected my application after 2.5 years despite I will spend time in/out to the UK.
The matter to apply from inside or out side as I have read That it seems to be clearer to apply from outside but an immigration lawyer who is based in London advised that I can apply from inside whereas another one he advised me to apply from INSIDE of the UK.
Therefore, can to kindly clarify this issue that raised up because of having the business visa instead of a I visitor visa, my self I do not see that mush different in relation to marriage visa. The reason of stressing on this matter is that I do not want to spend time and money to do it twice I meant that I do not want to apply from inside then my application will be rejected that will require me to apply from out side again. The final question, as I do travel a lot for work reason can I ask The British Embassy , in the case I applied from out side, to return my passport until the decision is made . For your knowledge I am going next month to apply for resident visa of UAE, is that will help , if not with the application , as I meet all requirements, to my justifications of not spending aloft time in the UK that should not be more than 90 days out side in order to apply for in deferent resident after 5 years. I look forward to hearing from you
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

You would need to apply from the country you are currently resident in, if this is Malta then you would need to apply from Malta but you need to ensure that you have the particular residency documents showing you are resident in Malta and thus able to apply from there.

The Spouse visa will be issued to you on the assumption that you will be residing in the UK and not spending more than 3 - 6 months outside of the UK in any one year. This is because the visa is given for you to reside in the UK and work or study inside the UK not for you to obtain a settlement visa for the UK and then work outside of the UK. I would only advise you on obtaining such a visa if you wish to settle in the UK and not be spending the majority of your time outside of the UK.

The home office will of course view your travel history and then issue you a further visa based on the reason given on why you have spent so much time outside of the UK.

You need to apply from outside the UK, you are on a visitors visa regardless of its nature and therefore are unable to switch from a visitors visa to any other type of visa from inside the UK. I would recommend that you apply from outside of the UK as you application will have a much better chance of success.

In respect of you final question, you are unable to have access to your passport until a decision on your visa is made. Also , if you do want to apply for a UAE resident visa then it may effect your application simply because it does show your intention you have residency in two different countries at the same time, which does question your intention to reside in the UK as per the spouse visa conditions.

In regards XXXXX XXXXX leave to remain you should not have spent more than 90 days outside of the UK during the each year over the 5 year period, if you have then you would need to apply to extend your visa again for 2.5 years until you make up the required residence period to apply for indefinite leave to remain.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
It is getting much clearer . However, you mentioned that If i spend between 3-6 months outside of the UK, which means up 6 months may justify to uKBA that I meet the condition of living in the UK in addition of another support documents from my Uk employer . Also, I am resident in both countries libya and Malta, so, which do you recommend more to apply from . In addition of that when my wife and I invited my family from libya , the British Embassy in Tripoli provide to them visa within 7-10 days which is unusual . Last year the average of vista time were 21-30 days . This means for me that we have very good file with UKBA, is that will help.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The issue in respect of the 3-6 months is that you are then leaving yourself open to the home office to consider whether the absences from the UK are justified or not, up to 3 months if fine, but anything over this amount of time the home office will need to consider and you would need to provide evidence from your UK employer of why your absence was necessary.

If you are able to apply from both countries then , it is a matter of convenience from your point of view. But as you are a Libyan national I would recommend that you apply from Libya to avoid any confusion. In respect of your file , the embassy in Tripoli currently has it, therefore if you submit an application from Tripoli they will be able to access your file quicker and be able to make a decision is a shorter period of time.

I hope clarifies the matter, if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.
I am happy with your answers and I would like to provide me your final thought on my case in short sentences if that is ok.
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I believe that you should apply from Libya regarding your application. You should ensure that you inform the home office when you are applying that you will need to travel out of the UK frequently for business and provide a letter from your employer if possible, this will inform the home office of your intention of traveling frequently and you would have disclosed your duty to disclose all relevant information to them.

I hope my final thought is of some assistance.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2215
Experience: I am a qualified solicitor and an expert in UK law.
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