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We seem to be going around in circles with your situation. In this thread the difference between a 6 month standard visitor visa and a 'join family in the UK' settlement visa was explained in great detail...several times over.ukthesis wrote:I have a wife living outside the European Union. She would normally, to visit me in the UK, have to apply for either the UK visitor visa route or the UK family visitor route (both now in the Standard Visitor Visa).
As I understand it, if she thinks she only needs to come here for under 6 months, she applies for the Family visa. She applies for the family of a settled person visa for 6 months residence and more.
However, she puts to me the case where she needs from the country she lives in to join me in the UK on compassionate grounds. The situation would apply if I am ill in a hospital in the UK and she needs to be by my side to comfort me.
In this "emergency" situation, is there any sort of flexibility built into the family visa system, so that her visa application is fast tracked through the system? Or would she be stuck in her country until her visa application goes through the ordinary application route, depending on how long it usually takes, no longer or shorter than this?
No there isn't. Hopefully you are in good health.ukthesis wrote:OK, the new point being there is not such thing as her getting her visa processed more quickly under "compassionate" grounds, which do not exist.
Well-put, Casa.Casa wrote:The Home Office don't decide applications on compassion...they make decisions based on the Immigration rules.
ukthesis wrote:Ok understood and thanks.
If she decides at a later stage to go for UK residence (not Citizenship) I know that the fixed UK residency rules do not apply.
However, reading the "Immigration Directorate Instruction Family Migration:Appendix FM Section, Family Life, 5-Year Routes" document, she would still have to show a commitment to living as a resident in the UK until she gets ILR. How she shows this commitment is more of an open issue, though I was advised that unless she returns to Moldova for let's say 5 or 6 months in a year, there should be no problem.
But for this 5 years, each time she left the UK to return to Moldova, would she have to apply for a new visa to return to the UK to join me back here? (Presumably, the join a family member visa.) NO
And even if she gets IRL after 5 years, without a UK passport (for which she needs UK citizenship) would she also need to apply for a new UK visa to return here from Moldova each time? NO
Thanks in advance.
ukthesis wrote:However, reading the "Immigration Directorate Instruction Family Migration:Appendix FM Section, Family Life, 5-Year Routes" document, she would still have to show a commitment to living as a resident in the UK until she gets ILR. How she shows this commitment is more of an open issue, though I was advised that unless she returns to Moldova for let's say 5 or 6 months in a year, there should be no problem. Documentary evidence of cohabitation is usually required.
But for this 5 years, each time she left the UK to return to Moldova, would she have to apply for a new visa to return to the UK to join me back here? (Presumably, the join a family member visa.) No, she does not. If she does the spouse visa, it is valid for 2.5 years or 33 months for the first one. Before the first visa expires, she applies for an extension, meeting all the requirements again and this visa will be granted for 2.5 years. This point was made very clear in your other thread.
And even if she gets IRL after 5 years, without a UK passport (for which she needs UK citizenship) would she also need to apply for a new UK visa to return here from Moldova each time? No because she has ILR, however, she should note that ILR is lost if not resident in the UK for 2 or more years. Brief visits do not maintain ILR.
Thanks in advance.