Family Visa Applicant entering UK while waiting for Visa

jamessstewart99 · Post by **jamessstewart99** » Fri Mar 10, 2023 1:03 pm

How do border agents consider visitor entries while people are waiting for their family visa?

My wife has her family visa appointment next week and will then have to wait 12 weeks for her visa. My wife has been in the UK quite a bit of the last 6 months over a series of 7 entries through trips abroad and returns home.

We would prefer not to be apart for the majority of that but not sure how border agents respond to that circumstance?

She doesn't need a visitor visa for entry to the UK.

Thanks

Post by **CR001** » Fri Mar 10, 2023 1:08 pm

The will see she has a pending application and refuse her entry. It could be seen as trying to circumvent the rules. It is not worth the risk.

She should also not have spent a lot of time in the UK using successive visits as a visitor, which will also be visible to the Border Officer.

jamessstewart99 · Post by **jamessstewart99** » Fri Mar 10, 2023 1:50 pm

Why would it be seen as circumventing the rules as she would only be visiting? She has conformed to the rules so far and always left why wouldn't that apply here?

Also why is the time in the UK such an issue? Visitor Visas are for up to 6 months, through sucessive visits she has not stayed more than 6 months in total and I thought the time limit didnt even really exist anyway?

Post by **CR001** » Fri Mar 10, 2023 1:56 pm

Why would it be seen as circumventing the rules?

Related to the spouse visa application pending and her stated and declared intention to settle in the UK, which is the opposite of being a visitor. Many have tried to do this, the UK have become wise so make it harder for genuine people.

She has conformed to the rules so far and always left why wouldn't that apply here?

See above.

Also why is the time in the UK such an issue? Visitor Visas are for up to 6 months, through sucessive visits she has not stayed more than 6 months in total and I thought the time limit didnt even really exist anyway?

Visitors should not be spending more time in the UK as a visitor. That is the point. There is a time limit per 12 month cycle and she could at any point be refused entry if they even suspect she is residing in the UK under the guise of a visitor visa.

jamessstewart99 · Post by **jamessstewart99** » Fri Mar 10, 2023 4:52 pm

Do they genuinely not see any reason why someone waiting on an application may want to see family?

We have a family funeral which she needs to attend as well, would they not even accept that as an entry reason?

So do you suggest delaying providing biometrics etc until after her visitor visit?

Post by **AmazonianX** » Fri Mar 10, 2023 6:33 pm

jamessstewart99 wrote: ↑
Fri Mar 10, 2023 4:52 pm
Do they genuinely not see any reason why someone waiting on an application may want to see family? If she has applied for a long term visa that allows them to be with family and culminating in settlement then waiting should be a sacrifice towards the greater goal. Imagine people who are visa nationals and got no chance of visa free entry.

We have a family funeral which she needs to attend as well, would they not even accept that as an entry reason? You have your genuine reasons however the CWs/ECOs a la HO has record/experience of people circumventing who then made it difficult for a genuine person like your spouse.

So do you suggest delaying providing biometrics etc until after her visitor visit? This may stand you in good stead.

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Family Visa Applicant entering UK while waiting for Visa

Family Visa Applicant entering UK while waiting for Visa

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Re: Family Visa Applicant entering UK while waiting for Visa

Re: Family Visa Applicant entering UK while waiting for Visa

Re: Family Visa Applicant entering UK while waiting for Visa