Returning a spouse visa

[Davec]

My wife received a spouse visa in 2016, but shortly afterwards decided not to live in the UK. Her spouse visa expires in the summer of 2019.

She has not returned to the UK using this visa since the end of 2016, shortly after it was issued.

As she has not used the visa, only for a short time, she will not be able to use it to apply for residency in the UK. Which is fine with her.

But she will still want to visit me in the UK, using a long term visitor visa. She can stay here, per year, for a maximum of 6 months in a year, I believe, with this.

The question is this. In this situation, where there is little chance of her using the spouse visa until it expires, and she has no intention of residing here, would she not be better returning it to UKVI as soon as possible? Even though it's not yet expired. To show them that she is not somehow exploiting the spouse visa system when clearly she has no intention of using it for its intended purpose.

That action would (presumably) stand her in good stead when she applies for a visitor visa? As it shows she is trying to be straight with UKVI.

So should she return it? Or wait until when it expires, and maybe use it for one or two more trips to the UK before it expires? Then, once it expires, apply for the long term visitor visa.

But where would she return it to? Or where does she notify UKVI that she is not going to use the spouse visa again and they should cancel it?

[equitydealer]

So you’re still a married couple but doing so in a long distance relationship?

As the sponsor you are responsible for informing the UKVI of this situation. They are likely to curtail the visa, what impact it may have is difficult to say especially as you’ve taken 2 years to notify them.

[Londoner007]

One of the conditions of the spouse visa that always pops up is the genuine and subsisting relationship, along with intending to live together in the UK.

Both conditions will not have been met when spouse visa expires.

Has your relationship broken down?

[Davec]

No, we just live in two countries. Not broken down, so there is no question of my not telling UKVI we are separated/divorced. Just that she finds she cannot live here and I know I cannot live there. So I've been going over there at regular intervals.

A reason this has been going on is that we spent a lot of time before I agreed it would not be in her interests to come here. She has not used the spouse visa except at the very beginning, when she thought she was going to live here, so no question of her later coming here under false pretences using the spouse visa after we both decided for her to stay there.

Still the question is the same one. How and where do I tell UKVI about her not wanting to live here? That's what I want to know the answer to, so far not answered.

[Londoner007]

Simple - you contact and notify HomeOffice with change of circumstance i.e no longer living together.

https://www.gov.uk/change-circumstances-visa-brp

[Davec]

Much appreciated.

Our case is unusual insofar as we are in a long distance and married relationship that has not broken down.

Looking at the form, there doesn't seem to be anything difficult. Our situation isn't mentioned but at the end, it asks for any other reasons for this change of circumstance. She, as the spouse visa applicant, needs to complete this form from abroad.

Once this is submitted, and no doubt there is then some acknowledgement to her from the UKVI, I imagine she is then free to apply for a Visitor Visa. Whether they give her a long term one for 10 years or not we'll have to see.

Presumably, it would be better to wait a little before applying for this visitor visa. To let the dust settle.

[equitydealer]

That form is for points based visas.

The closest the UKVI have is the following:

https://www.gov.uk/visas-when-you-separate-or-divorce

That’s for informing them of an end to a relationship. I’d send a letter with all the details from the link above but to UKVI in Croydon informing them that the marriage is now a long distance relationship and await their response. Don’t request a curtailment, it’s for them to decide. Send it registered for proof of postage.