what I need to do?

qudah · Post by **qudah** » Mon Dec 20, 2010 5:45 pm

Dear all,
I am a british passport holder.
I was living outside the country, and I moved back here last July.
My wife joined me on the 24th of August by a family visitor visa for 2 years.
at the airport, the officer told as that she should leave after six months, and stay out of UK for six months.
is this true? or I need to leave for 24 hours only and come back?

Thank you.

Post by **Casa** » Mon Dec 20, 2010 6:24 pm

She can only spend 6 months in every 12 in the UK. Why didn't you apply for a Spouse settlement visa?

qudah · Post by **qudah** » Mon Dec 20, 2010 8:00 pm

Dear Casa,
I immigration advisor contacted me today, and informed me that it is better not to stay more than 6 months every year, but it is not prohibeted.

can you confirm this for me please

Post by **MPH80** » Mon Dec 20, 2010 8:17 pm

If you spend more time in the UK than that - the entry officer is likely to believe you are there to settle rather than visit and cancel her visa.

http://www.ukvisas.gov.uk/en/howtoapply ... #165062682

A general visit, business, entertainer or sports visit visa may be valid for 1, 2, 5 or 10 years. However, you are still only entitled to stay in the UK for a maximum of 180 days (6 months). A 2 year visit visa does not mean you are entitled to stay in the UK for 2 years, for example. We recommend that you limit your stay to the period stated on your visa application or to a maximum of 180 days within a 12 month period. Lengthy periods spent in the UK as a visitor may cause an immigration or visa officer to doubt your intentions. If you breach the conditions attached to your entry to the UK, you face a future ban of up to 10 years.

qudah · Post by **qudah** » Mon Dec 20, 2010 8:19 pm

she will leave before the end of 6 months> the question is how much time she needs to spend outside Uk?

Post by **MPH80** » Mon Dec 20, 2010 8:20 pm

to a maximum of 180 days within a 12 month period

qudah · Post by **qudah** » Mon Dec 20, 2010 8:26 pm

the visa advisor mentioned that for me, and mentioned that staying in the UK for more than 180 every 12 months will make it difficult for her to have a new visa when she apply in the future.
he insisted that nothing can prevent her from coming back if she left the country for 24 hours before her 6 months expired.

Post by **MPH80** » Mon Dec 20, 2010 8:31 pm

he insisted that nothing can prevent her from coming back if she left the country for 24 hours before her 6 months expired.

He's wrong about that - the ECO can cancel a visa if they believe the person's circumstances have changed or they are attempting to enter for a purpose their visa does not allow.

She could leave at 3 months for 24 hours ... come back ... stay for a further 3-6 months if she likes (if granted the time at the border) ... but when she then left again and attempted to re-enter, especially if it was within 6-9 months, there is a good chance she'd be stopped, heavily questioned at minimum, and have her visa cancelled and returned on the next flight at the worst.

If she makes it to 5-6 months and attempts to leave/return to the UK in 24 hours without plans to leave within a few weeks - the same thing is likely to occur.

Why is this such an issue - if you want her here for more than 6 months in 12 - she should leave and apply for a spouse settlement visa.

qudah · Post by **qudah** » Mon Dec 20, 2010 8:33 pm

so what shall i do?
she is already here for 4 months now.
we have a 2 yrs daughter who is a British passport holder.
I dont know what to do guys!!!
am lost

Post by **MPH80** » Mon Dec 20, 2010 8:34 pm

Simple question - how long do you want her to stay here?

qudah · Post by **qudah** » Mon Dec 20, 2010 8:45 pm

not less than 1 1/2 year from now
cause after that, i will be done with all my exams and grades, and at that time i can make the decision, either to stay here or go back to middle east.

Post by **MPH80** » Mon Dec 20, 2010 8:50 pm

Ok - if you want her here the entire 1 1/2 years then she needs to return to her home country and apply for a spouse settlement visa.

Cost: Â£750.

Forms and info: http://www.ukvisas.gov.uk/en/howtoapply ... ementguide

Depending on what country she's from - she may also need to take an english language test.

If you're happy for her to only be here for a year out of the 2 (e.g. here for 6 months, gone for 6 months) then there's probably no issue.

M.

Post by **MPH80** » Mon Dec 20, 2010 8:52 pm

Further quick question - where were you living outside the UK?

qudah · Post by **qudah** » Mon Dec 20, 2010 8:55 pm

spouse visa will take 4-6 months to make a decision, this means that she should stay away until the decision is made, which is the same period if she stayed on the family visa.

can i apply to FLR M ?

can you 100% confirm to me that she cannot come back on her current visa when she leave the country for 24 hours?

I know I am repeating the last question a lot, but am really feeling bad regarding this. sorry for that.

Post by **MPH80** » Mon Dec 20, 2010 9:01 pm

qudah wrote:spouse visa will take 4-6 months to make a decision, this means that she should stay away until the decision is made, which is the same period if she stayed on the family visa.

It can take that long ... it can equally take 2 weeks.

can i apply to FLR M ?

No - switching from a visitor visa is not allowed.

can you 100% confirm to me that she cannot come back on her current visa when she leave the country for 24 hours?

No - no one can say 100% that she won't be let back in. We're explaining the standard advice - you shouldn't stay here for more than 6 months in 12 and if you do then you run the risk of a visa being cancelled and struggling to get another.

If she left today and came back tomorrow - she *might* get another 6 months (or she might just get 2). But if it did work and she got a further 6 months - it almost certainly wouldn't work again in 6 months time.

Remember - a visitor visa is just that - and ECOs are wise to people playing the 'leave for 24 hours' trick.

M.

qudah · Post by **qudah** » Mon Dec 20, 2010 9:10 pm

So we are now with the spouse visa choice only?
i applied for this visa9 months ago, before we applied to the family visitor visa. the visa officer asked me 4 month later to withdraw the application for spouse visa, and told me that my wife is not eligible for this visa.

can i apply for this visa from here, or we need to apply from her home country?

also is there a premium service for this visa? so we can avoid waiting for 6 months? bcoz in Jordan the insisted that a minimum of 3 months. and am saying this depending on my own experince, as when we applied, they asked for withdrawal after 4 months.

what other choices I have instead of spouse visa?

Thank u in advance for ur help.

Post by **MPH80** » Mon Dec 20, 2010 9:20 pm

qudah wrote:So we are now with the spouse visa choice only?
i applied for this visa9 months ago, before we applied to the family visitor visa. the visa officer asked me 4 month later to withdraw the application for spouse visa, and told me that my wife is not eligible for this visa.

That's very strange - what was the reasoning behind that?

can i apply for this visa from here, or we need to apply from her home country?

Home country

also is there a premium service for this visa? so we can avoid waiting for 6 months?

No - you apply and go in the queue like everyone else.

what other choices I have instead of spouse visa?

Tier 1/Tier 2 ... or move to a european country for 6 months and exercise your treaty rights (study/work) and she can join you on a family permit ... access to a child (see immigration rules (http://www.ukba.homeoffice.gov.uk/polic ... les/part7/)

All of which will need to be applied for from her home country (except the EEA family permit - but you'd have to move to another european country).

M.

qudah · Post by **qudah** » Mon Dec 20, 2010 9:27 pm

regarding the spouse visa, what are the english language requirments?

if it is an exam, can we take it here b4 going back to home country? or she showed take it there?
is there any cahnce that she wont be asked to have this Englisl language exam?

Post by **MPH80** » Mon Dec 20, 2010 9:31 pm

http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

if it is an exam, can we take it here b4 going back to home country? or she showed take it there?

AFAIK it doesn't matter where she takes it. But I'm no expert on this stuff

is there any cahnce that she wont be asked to have this Englisl language exam?

If you read the guidance above - you'll see the exemptions.

qudah · Post by **qudah** » Mon Dec 20, 2010 9:34 pm

thank you for now.
i will read all the stuff u sent me, and for sure i will get back to u.
thank u again.

qudah · Post by **qudah** » Wed Dec 22, 2010 8:13 pm

Dear,
I went to a immigration advisor, he told me that my wife can apply from here, they might accept her application under article 8.
i told him that I cant under any condition let her go to her country and appy bcoz there is no place for her.
he adviced me that under this condition we stand no chance except trying the FLR application, also he mentioned something called "descretion" application.

can I have your oponion on this?
thank you.

qudah · Post by **qudah** » Wed Dec 22, 2010 9:59 pm

hi,
rapid review for previous info:

am a british citizin, my wife joined me 5 months ago under a family visitor visa.
we have a daughter, 2 yrs old and british citizin.

I cant under anyway send my wife back to her home country to apply for spouse visa from there.
I went to an immigration advisor, he informed me that it is difficult, but it worths a trial to apply for FLR (M) and discreation application.

please advise me about this route, as this is my only choice. I can not let her go back. she is totally dependent on me and she is so depressed since she heared that she might go alone to home country, and I am really afraid about her pregnancy since she is in a bad condition now.

Post by **geriatrix** » Wed Dec 22, 2010 10:02 pm

You say there is no place for her, but then how did she prove to ECO at the time of visitor visa application that she will return to her home country (returnability)? Visitor visas are not issued unless ECO is satisfied with the evidence of returnability.

Why can't your wife return to home country and apply for entry clearance as spouse of British citizen?

regards

qudah · Post by **qudah** » Wed Dec 22, 2010 10:08 pm

we applied for family visitors when the british embassy asked us to withdraw the settlement application, bcoz as they informed me on phone : your wife is not eligable for this visa.
we applied for this visitor visa after.

she has a mother abroad, but the mother is ill and cant take care about herself even.

my wife cant be there alone, bcoz she needs someone to take care about her pregnancy, as her first pregnancy was complicated. and i cant leave my job here and go back with her and wait for the new visa to be issued.

chinagef · Post by **chinagef** » Wed Dec 22, 2010 11:15 pm

qudah wrote:we applied for family visitors when the british embassy asked us to withdraw the settlement application, bcoz as they informed me on phone : your wife is not eligable for this visa.
we applied for this visitor visa after.

she has a mother abroad, but the mother is ill and cant take care about herself even.

my wife cant be there alone, bcoz she needs someone to take care about her pregnancy, as her first pregnancy was complicated. and i cant leave my job here and go back with her and wait for the new visa to be issued.

I think we will need further information as to why they asked you the withdraw the settlement application. It is very unusual, from my experience, that they will simply tell you such information over a telephone conversation. You may wish to do a Subject Access Request on your wife to see what her file says at the British High Commission.

In terms of entering the UK as a family visitor, whereby her actual intention was for her to stay for more than 6 months during the year, it would have been logical to apply under the spouse categories. Be that as it may, your wife is here as a visitor and technically speaking, she should return to her home country and apply for entry clearance as a spouse.

However, there may be exceptional circumstances as you mentioned she recently gave birth, and that there were complications. In such an instance, I would suggest acquiring a letter from a doctor, stating that he/she strongly recommends that your wife does not travel. You may then, along with this letter and supporting documents, submit an in-country application using FLR (M). The home office will do 1 of 3 things:

1) Grant the spousal visa 2) refuse the visa 3) grant her discretionary leave for a period of normally 3 years

In order to get the ideal result, i.e. having the spousal visa granted, I would strongly suggest you seek an experienced immigration expert to assist you with this case.

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what I need to do?

what I need to do?