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settlement visa refused but want to apply for visit visa

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

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MM
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Joined: Wed Jun 21, 2006 1:13 pm

settlement visa refused but want to apply for visit visa

Post by MM » Wed Jun 21, 2006 1:35 pm

Settlement visa for my wife was refused on the grounds that she did not include divorce cert as evidence of dissolution of my previous marriage. No other objections were made as my salary and accomodation documents were quite comprehensive and adeqaute. I made an appeal to AIT, UK enclosing the divorce certificate. But the appeal process is likely to take upto 4-6 months and i would like my wife to be able to visit me.

I therefore thinking of my wife to apply for visit visa (family visit) to UK as the processing time for this is only 5 days (reapplying settlement visa takes 14 weeks)

1- Should my wife apply for visit visa considering Appeal (for settleement visa) is in process.
2- What documents should i supply to satisfy the requirement of visit visa that 'evidence that the applicant will/intends to return after the visa has expired'.
3- What is the likelihood of success?
4- As I will be her sponsor for the visit visa should i still provide divorce certificate with the visit visa application. (P.S Certified copy has already been provided with the Appeal documents)

Look forward to your reply

badboyz2006
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Joined: Wed Jun 14, 2006 12:29 pm

Post by badboyz2006 » Wed Jun 21, 2006 1:41 pm

I think you should reapply with the correct documents, its faster than a 9 months appeal wait, or ask the ECM for a review.

badboyz2006
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Joined: Wed Jun 14, 2006 12:29 pm

Post by badboyz2006 » Wed Jun 21, 2006 1:42 pm

The vist visa will be refused, on intention to leave the UK a waste of time because you already applied for the spouse visa.

MM
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Posts: 19
Joined: Wed Jun 21, 2006 1:13 pm

Post by MM » Wed Jun 21, 2006 1:48 pm

thnks badboyz2006

but what evidence can i provide to satisfy that she will return?

badboyz2006
Newly Registered
Posts: 15
Joined: Wed Jun 14, 2006 12:29 pm

Post by badboyz2006 » Wed Jun 21, 2006 2:04 pm

Its a waste of time they will not issue her a visitors visa, i have seen a case like this before.

Marie B
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Posts: 143
Joined: Thu Oct 21, 2004 2:31 pm
Location: London

Post by Marie B » Wed Jun 21, 2006 5:33 pm

As above, don't apply for a visitors visa - it will be refused as your wife would not be able to prove she will leave at the end of it, and don't appeal the decision for the spouse visa - it will take too long. Either ask the Manager to review in light of additional documentation (they don't have to agree to do this). Or make a fresh application and include ALL relevant documentation this time, if the visa was refused simply because you failed to include your divorce certificate then you shouldn't have a problem with your new application.

You can submit a fresh application while an appeal is pending so if for some reason it is also refused you won't have to start over and lose your appeal date.

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