When applying for a spouse visa you must apply from your home country or a country you have long term permission to live in. You can’t apply for a spouse visa (or fiance or unmarried partner visa) from a country where you are only permitted to stay as a visitor.
Can I apply for a spouse visa within the UK?
You can only apply from within the UK if you already have permission to reside in the UK with a visa that is valid longer than 6 months i.e. not a visitor visa. Examples of those that can apply from the UK are those on a student visa, already have a spouse visa and are extending or any type of work visa.
What happens if I apply from the UK if I entered as a visitor?
If you make an application to the Home Office (formerly UKBA) for a spouse visa as a visitor your application will be refused. You will also receive a deportation order and be removed from the UK. this will negatively affect your immigration history.
The Home Office requires that you apply from your home country. We understand this can be frustrating to be separated from family, but without following correct procedure your situation will be made worse. If you arrived in the UK as a visitor/tourist then the best option for you is to prepare your application and return home, submit and wait for a decision. Remember when you apply you won’t have your passport and can’t travel until the application has been processed.
to find out if you are eligible to apply for a spouse visa try our free eligibility assessment: