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Visit Visa for unemployed wife

General UK immigration & work permits; don't post job search or family related topics!

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namor
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Visit Visa for unemployed wife

Post by namor » Mon Oct 19, 2015 11:57 am

Hi

I have to wait a few months before i can apply for a spouse visa for my new wife (due to having to complete one full financial year for my company) so have thought about bringing my wife over on a visit visa for a few months whilst we wait. After those few months, she will return and apply for a spouse visa.

I am a british citizen, born and bred in the UK and can provide evidence to show I can support her whilst she is here.

However she has just finished her studies and is unemployed and lives with her family. I have heard this can be an issue as she would not have "ties to her homeland".

My questions are:

- Could having family who support her be enough justification of ties?

- Could a letter simply stating the current situation and clearly stating that she will need to go back to apply for a spouse visa be enough of a incentive to go back?

I would be really grateful if someone could shed some light on this, or any way to make the application stronger.

Thanks

namor
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Re: Visit Visa for unemployed wife

Post by namor » Wed Oct 21, 2015 4:59 pm

Hi, Anyone?

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Casa
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Re: Visit Visa for unemployed wife

Post by Casa » Wed Oct 21, 2015 5:18 pm

You will be extremely fortunate if the visitor visa is granted. Unless there is evidence of a strong ties to her home country, the ECO is likely to take the view that there is a high risk of an overstay, especially as she has a husband resident in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Visit Visa for unemployed wife

Post by secret.simon » Wed Oct 21, 2015 5:48 pm

I agree. If she mentions that her husband is a UK citizen resident in the UK, the odds of her getting a visit visa, which require proof that she has no intention of moving to the UK, get slim. On the other hand, if she does not mention that and it comes to light later, it will be marked as deception and that will count against her in all future visa applications and possibly even her citizenship application.

Why not meet with her regularly, say once a month or a fortnight, in a European city (outside the UK but in the EEA). Her Schengen (or other) visit visa there must be free as she is the spouse of an EEA citizen.

Alternatively, have you considered moving to another country in the EEA and bringing her in through the Surinder Singh route?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

namor
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Re: Visit Visa for unemployed wife

Post by namor » Fri Oct 23, 2015 11:17 am

Thanks you for your responses. Really appreciate it.

So even a mention that she would HAVE TO return to her country after 6 months to apply for a spouse visa (and eventually citizenship) will likely be overlooked? Surely that's a better incentive than work/family.

Unfortunately due to work commitments, i dont think think using any EEA route is particularly viable (plus for her, living alone for 3 months in a foreign land seems a lot worse than waiting 6 months with her family!). But thanks for the idea.

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CR001
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Re: Visit Visa for unemployed wife

Post by CR001 » Fri Oct 23, 2015 11:29 am

So even a mention that she would HAVE TO return to her country after 6 months to apply for a spouse visa (and eventually citizenship) will likely be overlooked? Surely that's a better incentive than work/family.
ECO's dont' see it like this. They have seen all the reasons/excuses/explanations and many people simply 'disappear' once they arrive in the UK on a visitor visa and don't return. There are many members on this forum who have done exactly that. So now the rules are tough for everyone else who do abide by the rules.

She is 5/6 years away from citizenship (as the rules stand now). You would do better to focus on the spouse visa requirements and the documents you need than worry about eventual citizenship.
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namor
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Re: Visit Visa for unemployed wife

Post by namor » Fri Oct 23, 2015 4:09 pm

That's a bit rubbish, but thanks for your help.

I guess there's no harm in trying for a visit visa so will apply, and if that fails (as predicted) then it will only be a 6 month wait before we can apply for a spouse visa.

I will post the outcome here once received, for others to take note of.

sri23
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Re: Visit Visa for unemployed wife

Post by sri23 » Thu Nov 12, 2015 7:23 am

Hi,

Can you please advise if your wife did eventually get a visitor visa?

I am pretty much same situation as you.

Thanks

namor
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Re: Visit Visa for unemployed wife

Post by namor » Fri Nov 13, 2015 1:56 pm

In the end we have decided to wait out the six months with me occasionally visiting her (to show marriage is still 'active'), and so did not apply for the visit visa.

Apologies i couldn't be of any help and hope your situation gets resolved quickly.

sri23
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Re: Visit Visa for unemployed wife

Post by sri23 » Sun Nov 15, 2015 7:43 am

Oh ok.

No worries and good luck.

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