Q: I am planning to marry my partner, who is currently working in the UK on a Skilled Worker visa and preparing to apply for Indefinite Leave to Remain (ILR). Having entered the UK under visa-free visitor status, I would like to know whether it is possible to marry in the UK and switch directly to a Spouse Visa from within the country.
A: It is strictly prohibited under the UK Immigration Rules to switch from visitor status to any substantive long-term visa category from within the UK. While getting married in the UK may be legally possible depending on notice requirements, the visa application itself cannot be lodged in-country. You must return to your home country, apply for entry clearance as a partner, and re-enter the UK once the visa is granted.
Skilled Worker Dependant Visa vs. Spouse Visa
In your circumstances, you must determine whether to apply first as a Skilled Worker Dependant, or wait until your partner is granted Indefinite Leave to Remain (ILR) and apply directly for a Spouse Visa (Leave to Enter as a Partner of a Settled Person).
If you apply as a Skilled Worker Dependant from overseas, your permission will be granted to align with the expiry date of the main applicant’s current Skilled Worker visa. Once the main visa holder secures ILR (or when your dependant leave is nearing expiry), you have two distinct legal pathways available:
- Extend your permission under the special transitional provisions as a Skilled Worker Dependant, or
- Switch into the standard 5-year partner settlement route as the spouse of a settled person.
Extending as a Skilled Worker Dependant
When the primary Skilled Worker visa holder qualifies for and obtains ILR, an accompanying dependant who has not yet completed the requisite 5-year qualifying period cannot obtain ILR concurrently. Instead, the dependant is entitled to apply for an extension of their Skilled Worker Dependant leave.
An extension under this route is granted for a period of 30 months. If the total time accrued from the initial grant of dependant leave remains short of 5 continuous years when that extension expires, a further 30-month extension must be submitted. Once a total of 5 continuous years on the Points-Based System / Skilled Worker Dependant route is completed, the dependant becomes eligible to apply for Indefinite Leave to Remain (ILR).
Switching to a Spouse Visa (Partner of a Settled Person)
If you hold a Skilled Worker Dependant visa when your partner obtains ILR, you may alternatively choose to switch into the Spouse Visa route.
Alternatively, as in your current position, since you can remain in the UK as a standard visitor for up to 6 months, you could marry in the UK, obtain the official Marriage Certificate, return to your home country, and lodge an entry clearance application directly as the spouse of a settled person from overseas once your partner’s ILR is approved.
When applying for a Spouse Visa from abroad, the initial entry clearance is granted for 33 months. Upon completing 30 months in the UK, an extension application (Permission to Stay) grants a further 30 months. Once you have completed a total of 60 months (5 continuous years) on the Spouse Visa route, you become eligible to apply for ILR.
Meeting the Financial Requirement for a Spouse Visa
When applying under the family route (Spouse Visa), the couple must demonstrate sufficient financial resources to maintain themselves without recourse to public funds.
Because the applicant is applying from overseas, overseas employment income cannot be counted towards the financial threshold unless specified relocation criteria are met. The application must therefore rely on the UK earnings of the sponsoring spouse who is settled (or a British citizen) in the UK.
Under the current financial requirement:
- The sponsor must show a gross annual income of at least £29,000.
- Under salaried employment (Category A), this is evidenced by showing a gross monthly salary of at least £2,417 received consistently with the same employer for a minimum of 6 months.
- Mandatory documentation includes 6 consecutive months of formal payslips, 6 consecutive months of matching personal bank statements showing the salary credits, and a formal letter of employment confirmation from the sponsor’s employer.
- If the sponsor’s monthly earnings varied below £2,417 in any single month during the last 6 months, the application must be assessed under Category B, requiring 12 months of payslips, 12 months of matching bank statements, and proof of total gross income exceeding £29,000 over the preceding 12-month period.
Where income cannot be evidenced, the financial requirement can be met entirely through cash savings. Under the current formula, you must demonstrate accessible cash savings of at least £88,500 held continuously in a regulated bank account for a minimum of 6 months. For instance, if the UK sponsoring partner is a student or currently unwaged, holding £88,500 or more in either partner’s personal or joint account for at least 6 months will fully satisfy the maintenance requirement for the initial 30/33-month period.
Conclusion
In summary, you cannot switch into a Skilled Worker Dependant visa or a Spouse Visa from within the UK whilst holding visitor status. The visa application must be submitted from your home country with your valid Marriage Certificate. You may enter the UK, marry, secure the marriage certificate, and subsequently return to your home country to lodge your entry clearance application.
John Suh
UK Regulated Immigration Legal Adviser
25+ Years of Experience in UK Visa & Immigration Services
OISC / IAA Registration Number: F200500022
Director, ilong Global Ltd & UK Immigration Centre Ltd
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Original Enquiry:
Hello,
I am currently in the UK on visa-free visitor status to visit my boyfriend. He is currently working in the UK on a Skilled Worker visa and plans to apply for Indefinite Leave to Remain (ILR) shortly. We intend to get married, and I would like to know whether I can apply to switch to a Skilled Worker Dependant visa or a Spouse Visa from within the UK.
Could you please advise on where and how the visa application must be lodged, and what essential rules and requirements I need to be aware of?