Q&As

Is it possible for an offshore worker who has been granted leave for 12 months to switch to a spouse visa from within the UK?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 23/09/2019

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Is it possible for an offshore worker who has been granted leave for 12 months to switch to a spouse visa from within the UK?
  • Offshore workers visa
  • Switching to spouse visa

Is it possible for an offshore worker who has been granted leave for 12 months to switch to a spouse visa from within the UK?

Offshore workers visa

As per UK Visas and Immigration published guidance, persons seeking entry to the UK as offshore workers do not require authorisation to undergo employment, so long as no work is completed on-shore or within UK territorial waters.

Note that entry clearance becomes mandatory when a person intends to stay as an offshore worker for more than six months. When this is the case, leave will be granted as a concession to the Immigration Rules, Appendix FM, normally for 12 months.

Switching to spouse visa

In order to switch to a spouse visa, or in other words, be granted limited leave to remain as a partner, a person must meet certain immigration status requirements. As per the Immigration Rules, Appendix FM, to meet these requirements:

‘E-LTRP.2.1. The applicant must not be in the UK—

(a) as a visitor; or

(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings’

An offshore

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