Visit visa for spouse

[TangoMike]

My cousin in Pakistan is in a bit of dilemma and would like some advice from this forum.

He has been married to a British citizen since Dec 2014 but he does not intend to settle in the UK at the moment and also his wife does not meet the financial requirements for her to be able to sponsor him. He wants to know if it will be possible to obtain a 2 year visit visa which would allow him to visit his wife in the UK and she also plans to visit him in Pakistan.

He has previously been granted visit visa twice for the UK as he has other family members here and his Uncle has sponsored him in the past. However, his most recent application for visit visa was refused (May 2014).

Please could anyone advise if he has a chance of getting a visit visa (6 months or 2 years) and whether or not his wife should sponsor him for that or his uncle? Should he let the border agency know that his wife lives in the UK?

[adnan111]

They would expect the wife to sponsor him otherwise it would get refused as they would see it as an attempt to bypass the rules for spouse visa.

[TangoMike]

They would expect the wife to sponsor him otherwise it would get refused as they would see it as an attempt to bypass the rules for spouse visa.

Will it be ok if she sponsors him for a visit visa rather than spouse visa?

[Casa]

Yes but in order for the application to succeed, he will have to submit strong evidence of ties to his home country as a reason for him to return without overstaying. With a wife in the UK this may be difficult. What was the reason for the refusal of the last visitor visa application?
If he withholds the existence of his wife in the UK, a future application for a spouse visa is likely to be refused and a ban applied, due to deception.

[TangoMike]

Yes but in order for the application to succeed, he will have to submit strong evidence of ties to his home country as a reason for him to return without overstaying. With a wife in the UK this may be difficult. What was the reason for the refusal of the last visitor visa application?
If he withholds the existence of his wife in the UK, a future application for a spouse visa is likely to be refused and a ban applied, due to deception.

Thanks Casa for your reply.

The reason for his refusal was that he didn't show his dad's full income as he himself was a student, it was a bit unfair as he had been granted visit visas on previous occasions as a student and used to come to the UK during his holidays. They thought he wouldn't return back to Pak but i guess he was complacent in his application as he had been granted visa for 6 month visit and then 2 years visit previously.

He has strong ties as he currently working and setting up a business in Pakistan as well as being the only child left at home with parents. But I appreciate it's all evidence based so he would somehow have to prove that.

So do you suggest his wife sponsors him and they are as transparent as possible regarding his situation in Pak and that he is not wanting to settle in the UK at this moment in time?

[Casa]

"So do you suggest his wife sponsors him and they are as transparent as possible regarding his situation in Pak and that he is not wanting to settle in the UK at this moment in time?"

Yes, as when he applies for a spouse settlement visa in the future he will need to declare a 'history' of his relationship.

[adnan111]

I agree with Casa that they would require strong evidence to suggest that he would return as they would think that he was trying to avoid spouse visa rules and would have no reason to go back after entering the country and now stay with his wife here.

I would be better to wait and just apply for a spouse visa when requirements are met.

[TangoMike]

His wife does not own a house and lives with her parents, will she still be able to sponsor him? Does he even need her to sponsor him if he is coming for a visit visa?

Can she state also that she only wants him to have a visit visa as she is planning on moving to Pakistan once she has finished her studies?

[adnan111]

His wife does not own a house and lives with her parents, will she still be able to sponsor him? Does he even need her to sponsor him if he is coming for a visit visa?

Can she state also that she only wants him to have a visit visa as she is planning on moving to Pakistan once she has finished her studies?

It does not matter what you tell them, as this is the first thought that will come to their mind. Why is the wife not sponsoring and if wife is in UK why he would leave her and return, they might have child in future and husband may not leave. They would ask themselves why the wife cannot go and stay with husband abroad if they want to spend some time together.

If they consider the accommodation as sufficient then they would consider granting a visa, but you also have to prove income, and proof of relationship. Visit visa would be difficult when spouse is already here as they would expect your cousin to apply for a spouse visa or wife should visit husband abroad.

[TangoMike]

Because his wife doesn't work or own a home is it ok for her to sponsor him and can his uncle also sponsor him? There are a couple of weddings coming up in the family and it would be nice for him to be able to attend. The purpose of the visit would not only be to visit his wife but also attend weddings!

Please could one of the Admins give an expert opinion on this?!

[secret.simon]

Casa, who has already advised you above, is an experienced mod and I would suggest you reread her advice.

Your cousin is in a classic Catch-22 situation.

If he states in the form that he has a wife in the UK, he is unlikely to get a visit visa, because the Immigration Officer will think he is attempting to short-circuit the spouse visa process. It is a reasonable assumption to make that if your cousin has a British wife, that he would want to settle with her in the UK.

If he does not state that he has a wife in the UK, he is guilty of deception and will likely get a 10 year visa ban to the UK.

The best option in this case is for his wife to visit him in Pakistan. Given his circumstances, I doubt that he will get a visit visa to the UK any time soon, so he will likely have to skip the weddings in the UK.

[Casa]

He has the option of applying for a visitor visa and declaring he has a wife in the UK in the application. He could also have another family member sponsor him, as long as he has been open about the situation as to why his wife isn't the sponsor. He should be able to convince the ECO why he has current ties to his home country and has a strong reasons to return to Pakistan and can explain why he isn't intending to settle in the UK yet.
It's worth a try as a refusal won't affect a future spouse visa application, as long as he is honest in the application.

[TangoMike]

Thank you secret.simon and Casa. Appreciate the advice!

Will keep the forum updated if my cousin does decide to apply for visit and what the outcome is.

[TangoMike]

Hi Casa,

He has asked me if it is compulsory for him to have a sponsor to apply for visit visa as he has been told that with the new rules this is no longer a requirement?
Do you advise that his uncle sponsors him given that his wife doesnt have any income etc or should he apply without sponsor and attach a letter from his wife to say she wants her husband to visit before she leaves to settle in pak?

Many thanks in advance!