Visiting the UK for under 6 months while appeal open

[MrWill86]

Hi,

My wife currently has an open settlement visa appeal due to us not submitting enough proof that our relationship is genuine with the original application.

The appral process is so long she has bought a ticicket to see me. The embassy in Mexico (where she applied) and worldbridge both confirmed over the phone this should not interfere with the appeal. However after several emails to worldbridge they contradicted this amd said it could interfere with the appeal. She has already bought the ticket and we are terribly worrid. Can anyone tell me if there could be any issues?

Thanks,

Will

[Lucapooka]

If she were a citizen of a country where the UK demands the application for a visit visa before traveling to the UK, it's likely she would be refused a visit visa. People who are refused settlement in the UK are generally refused visit applications thereafter as there is a conflict in their motivation and a risk they may not leave.

However, as a Mexicana, your partner does not need to pre-apply for a visa to visit the UK and the visa is granted at the port of entry. It's not certain what will happen on her arrival at a UK airport. Her previous application and refusal should be in the UKBA database, and visible to the officer who processes her entry.

I can't speculate on the outcome as it depends on personal circumstances. A refusal of entry would mean she is held at the airport until the next flight back to Mexico.

[INSIDER]

She will have to show to the immigration officer that she has a strong motivation to return to Mexico at the end of her visit. As she has already applied to settle in the UK, she will have an uphill task satisfying the IO that this is the case. She WILL be detained until this is established one way or the other. It is, I have to say, a big risk and she may well be refused entry.