Family Visa - Applying Outside the UK

[Nelson1970]

Apologies if a similar scenario/question to the following has been asked before; although I find that everyone’s situation has its unique challenges.

By way of some background, I met my wife in The Bahamas whilst we were both working as expatriates, and we married there in 2009. My wife is from Cuba and has a Cuban passport. We moved to Qatar for work reasons in 2009 and had two children whilst living there, both of whom have British passports.

My wife has visited the UK many times over the years, and currently has a 10-year Family Visit Visa which is due to expire in 2023 (multiple entry, 180 days per visit).

My work contract ended in June of this year, so the logical place for us to move to was the UK. Rightly or wrongly, I decided that it would be better to apply “in country” for a Family Visa, via the 5-year route. In any case, there would have been no time to apply outside of the country, due the time required to gather the documentation, apply, and be processed, before we needed to leave Qatar, and there was no way we would (or could) split either parent up from our children (who are incidentally now both in UK schools).

So, we arrived in the UK as a family on 4 July 2017 (my wife entering via her 10 year visa), and we quickly applied online for the 5-Year Family Route, including paying the appropriate fees, which was acknowledged via e-mail on 14 July 2017. The confirmation letter and request for biometrics was received on 21 July 2017 and was actioned on the same day. The same letter included the statement that a decision would be made within 8 weeks.

Depending on how the time period is calculated, it is now a minimum of nearly 9 weeks since the application was made, and we have heard nothing at all, so we are obviously very worried.

I have read the Visas & Immigration rules many times, and am still unsure if an “in country” application can be accepted in our situation, but at no stage were we prevented from applying via the online form (we filled in the date of arrival, type of visa held, etc.), and we have paid the fees. Additionally, there was no problem in meeting all the requirements, such as English language skills, financials, etc. We are clinging to the hope that if the application wasn't rejected outright immediately then it must be ok to be processed, but I am not fully convinced.

The online tracking system just states “Awaiting a Decision”, as it has done since 14 July 2017.

So, I would really appreciate any advice on our situation, and if there is anything we can do to find out what is happening with the application.

[CR001]

A person in the UK on a visitor visa (any length) is unable to switch to a spouse visa or any other category of visa within the UK. The rueles don't permit this. She must also pay for any NHS services she uses at 150% cost as she has no entitlement to free NHS as a visitor (just pointing out for you).

Quite possible the application will be refused. If not refused, she might be granted FLR(FP) 10 year partner route (4 x 2.5 year visas).

[New on forum]

I hate saying this but this application is bound to fail as you can't switch in country from visitor.
Unless exceptional circumstances.
Do you have savings of £62500?

[Nelson1970]

A person in the UK on a visitor visa (any length) is unable to switch to a spouse visa or any other category of visa within the UK. The rueles don't permit this. She must also pay for any NHS services she uses at 150% cost as she has no entitlement to free NHS as a visitor (just pointing out for you).

Quite possible the application will be refused. If not refused, she might be granted FLR(FP) 10 year partner route (4 x 2.5 year visas).

Thanks for your response. I have also seen words to this effect since applying, but have also read contradictory wording, or at least wording which can be interpreted in more than one way. We have paid the NHS surcharge as part of the visa application, although if the application is refused maybe this will be refunded.

As mentioned in my post, our children are now in UK schools, and I understand that their welfare must be taken into primary consideration, especially as British passport holders, and I stressed this on the form.

If I have read correctly, there would be no appeals process if the visa was refused, so even though I think we would have a strong case, I assume this avenue would not be open to us.

In relation to the response to the application, which is now in its 10th week, do you have any advice in terms of finding out the situation? If we have to leave the UK so be it - but I would rather plan this with as much notice as possible.

[Nelson1970]

I hate saying this but this application is bound to fail as you can't switch in country from visitor.
Unless exceptional circumstances.
Do you have savings of £62500?

Thanks for your response. Yes, we having savings in excess of the requirement.

[New on forum]

Thanks for your response. Yes, we having savings in excess of the requirement.
[/quote]
I would advise you to apply from outside the uk and of course withdraw this application before that.
If this application is refused than chances for any future visit visa are also slim and overstaying can also cause problem for future spouse visa.
She can apply priority service from outSide uk.

[Nelson1970]

I am starting the application for my wife for the 5-year Family Route via the Visa4UK website and a have hopefully what is a simple question:

On the first page, the options for the visa choice do not have “Family Visa”, with the closest match from the drop down menus being as follows:

Reason for Visit: Settlement
Visa Type: Settlement
Visa Sub Type: Wife

I would appreciate it if someone could confirm that I have selected the correct options, and if not, what options I should select.

[CR001]

Reason for Visit: Settlement
Visa Type: Settlement
Visa Sub Type: Wife

Correct yes.

[Nelson1970]

Reason for Visit: Settlement
Visa Type: Settlement
Visa Sub Type: Wife

Correct yes.

Great - thanks for the response.