Can I apply for tourist visa

Hi,

My wife was in UK from August 2020 to July 2022 on Spouse visa. She went back to our home country to stay with her parents and prepare for her exams to enhance her career. She has been staying there for 1 year and unemployed.

She would like to visit me for few month to UK and then go back. Can I apply tourist visa for her ?

Regards
Shyam

shazam2020 wrote: ↑

Mon May 08, 2023 11:35 am

Hi,

My wife was in UK from August 2020 to July 2022 on Spouse visa. She went back to our home country to stay with her parents and prepare for her exams to enhance her career. She has been staying there for 1 year and unemployed.

She would like to visit me for few month to UK and then go back. Can I apply tourist visa for her ?

Regards
Shyam

Her old spouse visa has expired and it has been over a 3 months. Do I need to apply as a fresh application.

Not an expert but I guess she’s an overstayer. Other may comment on the consequences. Certainly should apply asap

alterhase58 wrote: ↑

Mon May 08, 2023 2:43 pm

I guess she’s an overstayer.

Didn't OP say she returned back home?

shazam2020 wrote: ↑

Mon May 08, 2023 11:35 am

She went back to our home country to stay with her parents and prepare for her exams to enhance her career. She has been staying there for 1 year and unemployed.

shazam2020 wrote: ↑

Mon May 08, 2023 11:35 am

Can I apply tourist visa for her ?

You can (or, specifically, she can, as she would be the one applying), but you need to consider the fact that she was already in UK on a spouse visa and it will not be easy to convince and Entry Clearance Officer that she aims to go back to her country at the end of her visit.

shazam2020 wrote: ↑

Mon May 08, 2023 11:52 am

Do I need to apply as a fresh application.

Yes, you start it from scratch.

I agree with @meself2 that she has a much slimmer chance of getting a vvisit visa because she has already been to the UK on a spousal visa.

A spousal visa is a residence visa and that shows a willingness, nay even a wish, to move to and settle in the UK.

A visit visa by contrast has the opposite requirement, that the applicant will leave the UK at the end of their trip.

Having shown the willingness and wish to settle in the UK, it would be very hard to convince the ECO that she merely plans to visit and will leave the UK at the end of her trip.

The fact that she is unemployed makes the case much weaker as there does not seem to be any countervailing strong ties to her country of habitual residence, compared to having her spouse in the UK.

She is not a overstayer. She went back for her treat and for her higher study . She needs to go back to her home country to complete treatment and course.