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Hi Casa, thanks for your reply.Casa wrote:Generally, the Immigration Entry Officer will check to see whether she will have spent more time in the UK in a 12 month period than in her home country.
Hi Casa,Casa wrote:It's open to interpretation by the entry officer as to whether a visitor is exceeding the amount of time in a 12 month period. This is from the Immigration Rules Part 2 41 (ii)
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him;
and does not intend to live for extended periods in the United Kingdom through frequent
or successive visits
Hi Casa.Casa wrote:After spending ( I assume) 6 months on this visitor visa, how long does she intend to spent outside of the UK before she returns on a visitor visa again?
Hi CasaCasa wrote:Going with plan 1 will have a strong risk of her being refused entry if her visitor visa has expired.
Plan 2 stands more chance if she spends a few months in Malaysia before applying for another visitor visa. This would avoid her being seen to have spent more time in the UK in a 12 month period than she has spent in Malaysia.
When do you intend to submit the spouse visa application?
Which is exactly why I want to maximize her time in the UK.Casa wrote:Bear in mind that the spouse visa application can only be submitted from outside of the UK and that while it's being processed your wife will be without her passport.
Casa wrote:Going with plan 1 will have a strong risk of her being refused entry if her visitor visa has expired.
Plan 2 stands more chance if she spends a few months in Malaysia before applying for another visitor visa. This would avoid her being seen to have spent more time in the UK in a 12 month period than she has spent in Malaysia.
When do you intend to submit the spouse visa application?
I totally hear you MPHMPH80 wrote:No one - even the people at UKVI themselves - can tell you what the situation will be for your wife if she returns after such a short period.
The entire thing is down to the opinion of the ECO and their manager.
If they believe she is de-facto residing in the UK - she'll be turned around at the border. That then has to be declared on all future visa applications (as a 'refusal of entry') - and may affect applications to other countries.
You're basically planning on her being here for 5 months, leaving for a few days, and coming back for another 2-3 months. As an outsider - I'd suggest that's really pushing the idea of a visitor.
Equally - they might not bat an eyelid at the border.
Plan 2 is the far more certain plan.
M.
No,I'm referring to returning back on tourist visa or staying too long,the price to pay now is being apart in the short term,so it doesn't affect their spouse visa when they eventually meet the financial requirement. I believe if her tourist visa is questioned now it will definitely have an effect when they're ready to apply for spouse visa.Casa wrote:Rayking if you're suggesting they submit the spouse visa application instead of waiting, they aren't able to meet the financial rule until their house in Malaysia is sold.
Hi CasaCasa wrote:Please note my caution in your wife giving the information in an interview with the entry officer that she will be applying for a spouse visa and is selling the house in Malaysia. When applying for a visitor visa (I know your wife has a stamp on entry) the applicant has to show that they have strong ties to their home country, i.e ties such as ownership of property, employment, family commitments. You wife may well be asked to show evidence of this which would be difficult to do in the circumstances.
Many over-stayers are here in the UK having entered on a visitor visa and have then by-passed the legal settlement visa application. Admittedly they are here illegally but they often hope for a visa to be granted outside of the Rules under the right to family life.
Entry officers are therefore vigilant for any visitor that they feel may be tempted to take this route.
I need to pick up on this - you said your wife doesn't have a formal visa - she has a stamp right?At the moment, I think my wife is going to take her short trip, and if they re-stamp her passport, that would be brilliant, but otherwise she will head back to Malaysia before her tourist visa runs out. I'm still hopeful that our house will sell really soon, so she will be heading back to do her visa anyway.
That's good info Casa and MPH80Casa wrote:Good point MPH80. I think she should be prepared not to be permitted re-entry following her short trip outside of the UK. As we already know, it's down to the personal interpretation by the Entry Clearance Officer at Border Control.