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Apply for a Visitor visa while waiting decision for EUSS family permit visa

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

Please use this section of the board if there is no specific section for your query.

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

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Rodolfo
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Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by Rodolfo » Mon Jan 17, 2022 1:10 pm

Hello everyone,

I would really appreciate any advice regarding the following issue:

My wife applied for a EUSS family permit last August, when she applied she kept her passport. This application is taking very long and we even don't have a perspective on when it could be solved. As we are currently forced to live separately, I wonder if there is any alternative solution in order she can visit me in the UK.

She is planning to apply for a Visitor visa while the EUSS family permit is solved. Would it be possible? If not, is there any other alternative for her to enter in the UK?

Many thanks for your help!

Rodolfo.

AmazonianX
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Re: Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by AmazonianX » Thu Jan 20, 2022 6:29 am

As far as I know you cannot have two active applications running concurrently.

secret.simon
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Re: Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by secret.simon » Thu Jan 20, 2022 8:21 am

A requirement for a visit visa is to show strong ties to the applicant's country of habitual residence, to demonstrate that the applicant will leave the UK at the end of their visit. The visitor is expected to leave the UK at the end of their visit visa.
If there is already a visa for long term residence in the UK in progress, the applicant has shown that they are not interested in merely visiting the UK and leaving, but in staying here.
So the visit visa is likely to be rejected, because the applicant has demonstrated that their intention is not to visit the UK and leave, but to move to the UK.
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.

Rodolfo
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Re: Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by Rodolfo » Thu Jan 20, 2022 6:37 pm

Many thanks for your answer!

I see your point. But I am still surprised by the fact that because of having an application for long term residence, UKVI think that a person is going to break the law and stay illegally in the country after a visitor visa expires...

Do you think they have the same consideration for a touristic visa?

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CR001
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Re: Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by CR001 » Thu Jan 20, 2022 6:57 pm

UKVI think that a person is going to break the law and stay illegally in the country after a visitor visa expires...
The reason being is because that is exactly what 1000s of people have done for many years and still do.

It is a lot harder to get a visitor visa these days than before.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

anna105
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Re: Apply for a Visitor visa while waiting decision for EUSS family permit visa

Post by anna105 » Wed May 11, 2022 1:57 pm

Rodolfo wrote:
Thu Jan 20, 2022 6:37 pm
Many thanks for your answer!

I see your point. But I am still surprised by the fact that because of having an application for long term residence, UKVI think that a person is going to break the law and stay illegally in the country after a visitor visa expires...

Do you think they have the same consideration for a touristic visa?
Did your wife ever try to enter on a visitor visa while waiting for her other visa? I am having a similar debate about whether my husband can visit the UK while waiting for his spouse visa, so would love to know if you were successful!

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