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Spouse Visa or Tourist Visa for Wife

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Sam_84
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Joined: Thu Jun 07, 2012 10:42 am

Spouse Visa or Tourist Visa for Wife

Post by Sam_84 » Thu Jul 25, 2013 2:08 pm

Hi Guys

I need some advice on my Fiancée’s visa.

I am a UK resident currently on ILR (got it on 4th of Jan this year). My fiancée is in India pursuing her PhD (3rd year). We plan to get married in India on 19th November 2013. After marriage, I plan to bring my wife over to the UK but since my wife is still studying she won’t be able to stay here for very long. She might only stay for a month or two at a maximum. My questions to you guys are –

• Since she is going to be in the UK only for a short period of time (couple of months), should I apply for a ‘Spouse of Settled person’ visa or ‘Tourist Visa’? . The problem with Spouse (of settled person) visa is that it takes long time to process – approximately 3 months. Therefore, to get that visa in November on time, I will have to go to India in August, do a registered marriage and apply the spouse visa at the same time. However, for a Tourist visa, the process is very simple so, can I not just show enough evidence that she has strong reasons to come back to India?

Many thanks in advance

Sam

gbhsmp
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Joined: Sun Jul 21, 2013 6:36 am
United Kingdom

Re: Spouse Visa or Tourist Visa for Wife

Post by gbhsmp » Fri Jul 26, 2013 2:45 am

A registered marriage is a good idea and bringing her on spouse visa will be more helpful in future since travel visa does not entitle her for Medical benefits. Also on travel visa you cannot claim her continuous stay which you will need to show at some point when applying for her ILR.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Fri Jul 26, 2013 12:09 pm

gbhsmp has given incorrect advice. You won't be able to apply for a Spouse visa as your wife doesn't intend to settle in the UK with you at present. Apply for a visitor visa but show strong evidence of her reasons for returning to India.

Sam_84
Newbie
Posts: 38
Joined: Thu Jun 07, 2012 10:42 am

Post by Sam_84 » Fri Jul 26, 2013 12:22 pm

Thanks very much for your reply CASA. I agree with you that it doesnt make sense to go through all the hassles of application for spouse visa if she is not intending to stay here anyway.

The other thing I wanted to check was that should I apply the Tourist visa after marriage only (November) or can I apply it well in advance...as in August?

Thanks

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Casa
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Post by Casa » Fri Jul 26, 2013 12:42 pm

You can have the visa start date deferred for 3 months.

Sam_84
Newbie
Posts: 38
Joined: Thu Jun 07, 2012 10:42 am

Post by Sam_84 » Fri Jul 26, 2013 1:43 pm

Thanks again CASA.

Do you know if I should apply for the Visitor visa under 'Family visitor' category? We have been in relationship for last 6 months only though but our marriage has already been fixed.

Sam_84
Newbie
Posts: 38
Joined: Thu Jun 07, 2012 10:42 am

Post by Sam_84 » Wed Jul 31, 2013 6:48 am

Any reply please?

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