British Husband and Kids, Non-EU wife living away long time

Hello looking for advice

We want to apply for a visit visa (Tier 2 General ) for my wife (Chinese) to visit the UK with me (British) and my two kids (British).

Its gets complicated because our kids and me may be intending to stay in the UK for their education, my wife wishes to remain in China to take care of her mum and dad (who recently had a stroke) and to deal with the debts and money owed to them they have accrued with 10 years of bad decisions.

She suggests we don't stay with her in China because some of these people who owe/are owed money have made threats towards our children.

How can we explain our reasoning to the home office? I am aware that you need to show intent to leave, however I understand that they will see her as a risk due to her husband and kids going to the UK .
Also she has failed two visa applications before, once about 8 years ago, a few years later we got a successful settlement visa but then left back to china after 2 years (due to my wife's parents) and then failed a visit visa 2 years ago.

We have plenty of savings in the UK and China, property in China and my wife is the director of a business and can show a salary payed by her accountant to her from her company over the last 2 years. Her parents really do need her but I can't how to convince the case handler why we are separating. Honestly I would rather we didn't but she is convinced that these people who owe money are a real threat.

Would the parents in laws health alongside the business and sorting out her parents debts be sufficient enough reason for the case handler? Should the debts and such be not mentioned at all (will they see it as a reason to leave China rather than stay?). Would my wife and I staying apart regularly damage her chances of UK settlement in the future after all of this is sorted out and her parents pass on?

As for the other requirement finances isnt an issue and I believe we can show we are in a genuine relationship using my green card and ID card at the same address, our banking and insurance documents being at the same address, driving licences at the same address and years of annotated photos and itineraries from holidays etc if needed.

Any help appreciated

We want to apply for a visit visa (Tier 2 General )

A 'tier 2 General' is NOT a visitor visa. It is a 'work permit' visa.

She should apply for a standard visitor visa and submit evidence of her ties to home country, which might be difficult if you and the kids are going to remain in the UK.

It has become increasingly difficult to get a visitor visa these days and they are scrutinised heavily, especially when British spouse and kids are settled in the UK.

Hello looking for advice

in the future i will want to apply for settlement for my wife (Chinese) to live in the UK with me (British) and my two kids (British).

Its gets complicated because our kids and me may be intending to stay in the UK first for their education, my wife wishes to remain in China to take care of her mum and dad (who recently had a stroke) and to deal with the debts and money owed to them they have accrued with 10 years of bad decisions.


Will us being apart negatively effect her chances of settlement in the future? Ideally we would go at the same time, but my wife cannot abandon her parents. In addition she believes the kids staying in China isn't an option due to threats we received from people owed / who owe money. Will the home office take this into account in the future when settlement was applied for? Are Children always a solid reason for settlement?

Even if we were apart I would still plan to visit / be visited as often as possible, as well as regular (likely daily) contact. We have been married for almost 10 years so i guess this is in our favour.

My wife has failed two visa applications before (although we did get a success on settlement previously) so i'm a little worried . Maybe i'm just jumping at shadows.

Any help appreciated

Thank you for that correction - I did mean just a regular visit visa.

I actually feel that settlement is easier to apply for than visit, because it just has a relationship requirement (we have been married and together in the same places for almost 10 years) and financial requirement (we have ample savings in the UK and China).

But this intent to leave requirement is giving me a headache!

I have merged your topics for members to get the full picture in one thread rather than duplicating advice etc in separate threads.

She can apply for a settlement visa instead, providing you meet the English A1 and Financial requirements.

When did you apply for the last settlement visa that she got?? Your previous posts seem to suggest it was before the rule changes in 2012.

Note also, that there is no absence limit for a spouse on a spouse settlement visa and it can be extended any number of times.

Thank you for your help.

Yes we last got a settlement visa in late 2011 early 2012 I forgot. There was a strict requirement to stay together and not leave the UK for more than so many months each year. Do you mean this has changed?

By no absence limit you mean that even if my wife is outside the UK a lot she will not be penalised?

Being able to be extended any number of times is good news!

twinbanj wrote: ↑

Tue Mar 05, 2019 10:54 pm

Thank you for your help.

Yes we last got a settlement visa in late 2011 early 2012 I forgot. There was a strict requirement to stay together and not leave the UK for more than so many months each year. Do you mean this has changed?

By no absence limit you mean that even if my wife is outside the UK a lot she will not be penalised?

Being able to be extended any number of times is good news!

No absence limit. Never has been one. If apart, you will need to show evidence of subsisting relationship.

Do you think my wife remaining in China for large parts of the year (almost certainly more than 6 months at a time) in order to take care of her ill parents and sort out their debt and business troubles would have an effect on her chances of getting a settlement visa or extension?

How could we show that we were in a continuing relationship? Frequent (as possible) visits, daily calls and chats and so on?

We are in a difficult situation. I don't to leave without her but my wife is dealing with some quite ruthless debtors on behalf of her parents and she worries for our kids safety.

Hello

This year I will return to the UK with my kids for their education. I'm British, as are our kids and my wife is Chinese. My wife wishes to stay in China and resolve some of her parents personal matters such as tieing up her fathers businesses and debts after he recently had a stroke.

My question is, will my wife being apart from me and the kids for long periods (most of the year) effect her ability to apply for settlement visa to come and see us and later come and live in the UK?

After asking for advice on her before settlement was suggested rather than visit visa as it is longer term and she could come and go more readily, but how easily could it be extended? It could take years to sort out my parents in laws affairs.

I am mostly worried about being able to show our relationship as ongoing, how could we do this? Do children always count as solid relationship evidence? would several visits a year either for us to China or for her to the UK help? I am aware that stuff like letters and chat records are useless. What if my wife used her bank account to pay for children's fees and day to day living costs despite being away from them?

My wife and I share a bank account in the UK as well. Money isn't an issue, its just the relationship evidence i'm worried about as this is needed for the extension.

Any help would be great so i can put my mind at ease. Thank you