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URGENT HELP SPOUSE VISA !!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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qnazzz
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Joined: Mon May 15, 2017 12:22 am

URGENT HELP SPOUSE VISA !!!

Post by qnazzz » Mon May 15, 2017 12:32 am

I would be really grateful for some advice.

I got my ILR in Nov 2016 after 5 years on Tier 2 visa.
I got married in March 2016.
My husband is Pakistani and wants to apply for a Spouse Visa as we are expecting our first child in August 2017.
He already has a 5 year UK Visit Visa valid till April 2018.

Bearing in mind the long processing times for a Spouse visa, my question is:

1)Will he be able to use his visit visa to travel to UK whilst his Spouse visa application is still in progress in case I go in labour suddenly?

2) Incase his Spouse visa application is refused, what will happen to his Visit Visa which otherwise is valid until 2018?

Any help would be much appreciated as our decision to actually apply for the Spouse Visa rests on this question's answer.

Thanks !

P.S:
Moderators I have had to make a new id as I couldn't login or request new password for my previous id despite multiple attempts. I am a genuine user, just someone who forgot their password :(

bathanza
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Location: London
United Kingdom

Re: URGENT HELP SPOUSE VISA !!!

Post by bathanza » Mon May 15, 2017 10:20 am

When you submit Spouse visa application, does he not need to submit his passport as proof of ID? The application times in priority should be something like 3 months. If he has a valid visa he should be able to travel but never overstay!

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

qnazzz
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Posts: 14
Joined: Mon May 15, 2017 12:22 am

Re: URGENT HELP SPOUSE VISA !!!

Post by qnazzz » Tue May 16, 2017 2:31 am

Hi Bathanza,
Thank you for your reply.

In Dubai VFS there is a passport passback service available for a fee as a result of which the applicant can keep their original passport while applying. Once they have processed the application, they contact the applicant to send the passport to them within 4 weeks of notification for a settlement visa.

My question is can he be refused entry to UK if he comes on his valid visit visa based on the fact that he would have already applied for a spouse visa with the entry clearance officer doubting his intention to return (despite him never overstaying on his previous visit visas)?

Will the visit visa be valid during the application process?

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Casa
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Re: URGENT HELP SPOUSE VISA !!!

Post by Casa » Tue May 16, 2017 10:22 am

The Spouse Settlement visa application is highly likely to flag up on the Immigration Officer's system on entry into the UK.

Your husband may find it a challenge to convince them that he won't overstay as a visitor due to his pending application to settle.
(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.

qnazzz
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Posts: 14
Joined: Mon May 15, 2017 12:22 am

Re: URGENT HELP SPOUSE VISA !!!

Post by qnazzz » Mon May 22, 2017 11:14 pm

Thanks Casa for your reply.

We actually emailed UKVI and their written response was that my husband's visit visa will still be valid and can be used. Surprised by this response we then called UKVI where they said the visit visa couldn't be used. So we got two opposite responses from a supposedly OFFICIAL place.

In the end we have decided to apply for Priority Spouse Visa to ensure he will hopefully be here with me at the time of childbirth.

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