Key Points
- Most people with permission of more than 6 months can switch.
- Visitors generally cannot switch and must apply from overseas.
- Apply before your current permission expires.
- The 5 years towards settlement start when the partner visa is granted.
Who may be able to switch
As a general rule you can switch if you are in the UK with permission that was granted for more than six months. That includes most students, Skilled Workers, Graduate visa holders and people on other work routes.
Marriage after entering the UK
You can marry in the UK while on another visa, provided you follow the notice requirements, and then apply to switch. The marriage does not change your status by itself: you still need to apply.
Switching after a fiancé visa
A fiancé visa is designed for this step. After the wedding you apply from inside the UK for permission as a spouse before the six months end.
Visitors
People in the UK as visitors, or with permission of six months or less, normally cannot switch. An application made anyway is considered outside the standard rules and succeeds only in limited circumstances.
Students and workers
Switching from a Student or work visa is common. The applicant's own UK earnings can count towards the financial requirement because they already have permission to work.
Think about the long term before switching. Time on a work route does not count towards the five years on the partner route, so switching late can delay settlement compared with staying on a route that already leads there.
Timing
Apply before your existing permission expires. If you apply in time, your current conditions continue while the application is decided.
Frequently Asked Questions
Can I switch from a visitor visa to a spouse visa?
Generally no. The rules expect visitors to return home and apply for entry clearance. Exceptions are narrow and depend on the circumstances.
Can I work while my switch application is pending?
If you applied in time, the conditions of your previous permission continue until the decision. If that permission allowed work, you can continue on the same terms.
Official Sources
This page is general information, not legal advice. The rules and figures are set by the Home Office and can change.