Spousal application in Zimbabwe - time line?

[maka1981]

Hello,
the hardest thing I have ever done in my life was to leave my wife and 2 Yr old daughter at Heathrow airport yesturday (June 19th) destination Zimbabwe - reason - (application for spousal visa).

I have stayed in the UK with our 2 other children (4Yrs and 5Yrs) for schooling/work reasons.

The documention that my wife has taken with her was vast and clearly demonstrates our last 4 years of marriage, and intent of living in the UK.

The catch - my wife has overstayed her previous visa by some time and unfortunately a previous attempt to apply for a visa (from the UK) was turned down - hence the need for her to return to 'her' country to apply.

I am a British national.

Does anybody know how long we should expect to wait for a decision?

Thanks in advance for relpies
Kyle

[sakura]

I don't know the answer, but can I check to ensure all three children are registered as British Citizens and it is only your wife that needs a visa?

You can not 'switch' into a visa/legal category (esp. spouse visa) if you are an overstayer, which is why she was turned down (although Zims could have been an exception to this). How long it will take....when is her (or the nearest) appointment?

[maka1981]

Thanks Sakura,
the eldest child is a Zimbabwean - in that he was 'conceived' in Zimbabwe.

When my wife travelled to the UK she was unaware she was 2 months pregnant. He was born in the UK and has not left the UK since - does this mean he needs a visa? - sorry, quite naive about the process.

My wife is hoping to put her application in early next week.

Thanks
Kyle

[sakura]

Thanks Sakura,
the eldest child is a Zimbabwean - in that he was 'conceived' in Zimbabwe.

When my wife travelled to the UK she was unaware she was 2 months pregnant. He was born in the UK and has not left the UK since - does this mean he needs a visa? - sorry, quite naive about the process.

My wife is hoping to put her application in early next week.

Thanks
Kyle

Err...you mean he isn't British? I'm not 100% sure on the rules. Were you married at the time of his birth, or after his birth? He should be a British Citizen, and I'd advice you to sort that stuff out before it's too late. Of course you don't want any more pressure, but it is a very straightforward application, but better now than never. I do think he is not Zimbabwean but British (citizenship-wise), so if your wife has to put down her children and their nationality in her application form, she should put "British" for all of them. I am saying this because if they do indeed ask about children, they might ask questions later on about why one is Zim but the others are BCs or something. You know how it is in developing countries - anything to turn you down! (Sorry....don't want to worry you!!)

[archigabe]

I think what matters is where he was born, and not where he was conceived...I think he can claim a british passport by descent and by birth.

[maka1981]

Thanks Sakura,
we were not married when he was born. I first met my wife when he was 8 weeks old.
He was born in the UK and subsequently has a british birth certificate.
I am hopeful that Archigabe is correct by suggesting that he can claim a british passport by descent.

Thanks to you both

The really frustrating bit is my inability to reach her on her mobile - the network just does not seem to get through - nightmare not knowing how they are?

[JAJ]

Thanks Sakura,
we were not married when he was born. I first met my wife when he was 8 weeks old.
He was born in the UK and subsequently has a british birth certificate.
I am hopeful that Archigabe is correct by suggesting that he can claim a british passport by descent.

When you got married, your UK-born son automatically became a British citizen by birth.