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My wife is a non EU national in the UK on a 2 year visitor

Hi, my wife is a...
Hi, my wife is a non EU national in the UK on a 2 year visitor visa, she entered last in June 2017 and the visa expires June 2018.I am British and we have one child, born in the UK (with dual passports) and another due in October, to be born in the UK. Our eldest child has started pre-school in the UK. I work abroad and therefore I am not permanently resident in the UK. As my daughter has already started pre-school and we have a baby due, I dont want my wife to leave the UK again. Can we apply for a parental visa to allow her to stay 30 months and avoid schooling disruption for our daughter?
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Customer reply replied 4 months ago
Hi, sorry but what happened to the "always within a day" response?
Answered in 2 days by:
9/12/2017
INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11,864
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Customer reply replied 4 months ago
Hi, if you are able to answer the query, please do so.Regards,Steve

Hi Steve,

You state that your wife has a 2 year visitors visa. Please elaborate.

Visitors visas normally only allow the bearer to remain in the UK for a period of up to 180 days any trip.

Many thanks

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Customer reply replied 4 months ago
Hi INC,the visitor visa is for two years, but the rules of the visitor visa only give entry clearance for up to 6 months at a time. So my question is, is it permitted to switch from a visitor visa to a parental visa without the applicant leaving the UK. A parental visa, or a spouse visa, would allow 30 months in the UK without the 6 month restriction, but I cant find clear rules that state whether or not it is permitted to switch to the 30 month visa whilst still in the UK.Regards,Steve

Hi Steve,

Thank you for the clarification.

Normally, it is not permissible to switch from a visitors visa to any other category of visa. The general rule is that the applicant should return to their home country and submit the application from there.

However, we have had successful applications for discretionary leave to remain on the basis of being the parent of a UK national child.

The application is not straightforward and I would strongly suggest that you instruct immigration advisors to file the application for you.

I can recommend someone to you if you prefer.

I hope this answers your question. If so, kindly rate the answer and provide feedback. If you have any further questions, please do not hesitate to ask.

Many thanks

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Customer reply replied 4 months ago
Hi INC, thanks for clarifying the visa switching. I would appreciate contact details of someone who can help with this. Thanks.
As for the other part of the question, relating to the parental visa. It seems that a married couple is expected to use the partner/spouse visa rather than parental, but the visa rules state that they would be expected to intend to permanently live together with the spouse visa. I'm a non resident, working abroad, and the primary purpose of my wife being in the uk is for our daughters schooling, not for us to live there together at this time. Is it therefore more appropriate to chose the parental visa rather than the spouse visa?

Hi Steve,

I would suggest that you speak to Naheed Akhtar on 01189 585 855.

You are correct in stating that married couples are supposed to use the Spouse Visa route. The Parental visa to which you refer is for separated or divorced parents and designed to g8ve acc3ss to a child.

In your case, I think you have a very strong chance in submitting a successful application for a discretionary visa.

I hope this answers your question. If so, kindly rate the answer and provide feedback. If you have any further questions, please do not hesitate to ask.

Many thanks

INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11,864
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Customer reply replied 4 months ago
Thanks INC, thats helpful. I have no further questions.
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INC
INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11,864
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Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

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