Spousal Visa after a refusal of Visitor Visa

[nitoo85143]

Hi,

I'm basically from India and I've been in the UK for the last six years now. I was initially on Tier 2 ICT for 5 years and I got my ILR 7 months back. I got married last month, when my wife wanted to apply for UK visa, after a long discussion, we decided to apply for 'Family Visitor Visa'. The reason why we wanted to go with this visa was we thought it would be processed within 10 days. This was refused by UKVI citing the following reasons:

1. She does not have a job in India, or a Bank Account with significant deposit, so UKVI believed that she wouldn't return to India when the Visitor Visa expired

2. I'm a PR and why would she want to come to the UK on a visitor visa when we have been married only for a month now. This does not demonstrate any long term plans as a couple

I was in India for two months for my wedding and returned to the UK only three weeks back. Now I have a situation. I want to reapply in the Spouse Visa category now. I have a few doubts:

1. Is there any waiting period before I should apply for a visa? My wife does not have a job in India, she has a bank account only with minimum balance. Would this affect her Visa again?

2. In the spouse visa application, there's a section where we need to explain why the visa was rejected. My friends tell me that I need to carefully fill this section in because this will play a huge role in the decision. I'm a bit worried. What should I write here?

3. Should I apply in 'Spouse Visa' category or, 'Tier 2 ICT Dependent' category?

Could you please help me as I'm totally confused now

Regards,
Nitin

[Lucapooka]

You have not said if you actually want her to settle in the UK rather than merely visit. Is the intention for her to live in the UK as your wife or will you be leaving the UK to live with her in her country? If it's the former, she needs to apply for a spouse settlement visa. You can say the visit visa was refused because you were confused and made a mistake (true!).

[nitoo85143]

Hi

Thanks a lot for your response

Yes, I want my wife to settle here with me

Is there a cooling off period since her visa was refused recently?

I'm really worried that friends keep telling me that the chances of refusal are high since her visit visa was refused

Thanks
Nitin

[Rayking]

You can apply anytime as long as you meet the financial requirement and all other requirements.
She won't be refused as long as you haven't concealed any information when she applied for visitor's visa,for instance,not stating she's got a spouse or boyfriend on the application.
Just make a short note about the reason she applied for that.
With spouse visa,she doesn't need to be employed,you're the sponsor that needs to meet finanancial requirement of 18600. All she needs to meet is English language at A1.