Spouse Visa expiry...

saeed1707 · Post by **saeed1707** » Wed Oct 03, 2007 3:30 am

Hi

I am a UK national married to a Singaporean, who is here on a 2 yr Spouse visa.

The spouse visa expires end Nov 07, but we are awaiting a visa to move to Australia, probably Feb 08.

I am loathed to pay out for a visa extension for the sake of 2 or 3 months or so, what options would be open to me ?

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Wed Oct 03, 2007 8:07 am

1. i bet u dont want ur spouse to become an overstayer. i know its expensive to apply 4 an ILR but loke u said u r still waiting a visa to move to australia. i personally would go for an extention.

2. would u not consider coming back to the UK again ( holidays, visiting relatives???) as is could be useful in the long run.

3. although some people do not see a big deal having a british passport have u also put this into consideration.

saeed1707 · Post by **saeed1707** » Wed Oct 03, 2007 8:15 am

How would it be if we left UK for a week then returned as visitors ? My wife would presumably be able to stay as a Social Visitor/ Tourist for up to six months...

SMOOTH OPERATOR · Post by **SMOOTH OPERATOR** » Wed Oct 03, 2007 8:28 am

1.

saeed1707 wrote:How would it be if we left UK for a week then returned as visitors ?

thats a good idea

2.

saeed1707 wrote:My wife would presumably be able to stay as a Social Visitor/ Tourist for up to six months...

yes she can stay up to six months u re correct as long as the visa waiver for singapore citizens is not stopped in the future (as u never know with UK immigration changes). but with that said ur ideas r correct

vinny · Post by **vinny** » Wed Oct 03, 2007 8:32 am

If the Immigration Officer can be satisfied that your spouse meets the Requirements for a visitor under the Rules, then it's possible.

avjones · Post by **avjones** » Wed Oct 03, 2007 8:37 am

Great if it works, but what would you do if she was refused entry?

vinny · Post by **vinny** » Wed Oct 03, 2007 9:06 pm

Before leaving, you could try contacting the Chief Immigration Officer at the port that you plan to enter. Ask him/her what would be expected and acceptable, in your wife's circumstances, to ensure that she will not be refused entry as a visitor for the required period.

JAJ · Post by **JAJ** » Thu Oct 04, 2007 1:57 am

saeed1707 wrote:Hi

I am a UK national married to a Singaporean, who is here on a 2 yr Spouse visa.

The spouse visa expires end Nov 07, but we are awaiting a visa to move to Australia, probably Feb 08.

I am loathed to pay out for a visa extension for the sake of 2 or 3 months or so, what options would be open to me ?

Is your wife going to be eligible for ILR? If so, then she could possibly hold onto her ILR through being the spouse of a U.K. citizen.

Longer term, does she plan to swap her Singapore passport for a British and/or Australian one?

saeed1707 · Post by **saeed1707** » Thu Oct 04, 2007 3:54 am

Yes if we were staying in UK long term she would be eligible for ILR. As for passports, we will probably try and have both, but will check that out further down the line.

Is there any reason why she would be denied entry to UK if we left for a week and came back in ?

saeed1707 · Post by **saeed1707** » Thu Oct 04, 2007 3:57 am

Thinking about it, anything can happen at Passport Control. When we came back from a holiday a few months ago the Entry Officer asked ME how long I planned to stay in the UK !! When I pointed out she was looking at my UK passport she suddenly woke up lol !

saeed1707 · Post by **saeed1707** » Thu Oct 04, 2007 4:00 am

Anyway thanks for the info guys. I was just curious to see if I could avoid paying Â£395 for FLR to Gordons Purse. Maybe it will be the safest option...

avjones · Post by **avjones** » Thu Oct 04, 2007 8:52 am

saeed1707 wrote: Is there any reason why she would be denied entry to UK if we left for a week and came back in ?

Potentially, yes. The IO may see the expired spouse visa, and doubt she intends to enter and leave as a visitor.

saeed1707 · Post by **saeed1707** » Tue Oct 09, 2007 3:32 am

It has just struck me...

Would I be able to make a claim under the EEA Treaty Rights ? When my wifes Spouse Visa expires can I apply as she is dependent on me ?

John · Post by **John** » Tue Oct 09, 2007 6:25 am

No! Why? You are not in the UK exercising EU/EEA Treaty Rights. You are here as a British Citizen.

VictoriaS · Post by **VictoriaS** » Tue Oct 09, 2007 1:48 pm

Well...

you could apply. It would be refused, but aren't all refusals taking six months? It could buy you the few months you need!

Victoria

saeed1707 · Post by **saeed1707** » Wed Oct 10, 2007 2:24 am

Hi

Sounds ok but what would be my wifes status whilst awaiting the outcome/ refusal ? Would she be an overstayer or...

VictoriaS · Post by **VictoriaS** » Thu Oct 11, 2007 12:50 pm

She'd be legally entitled to remain in the UK and work. The only problem I foresee is that they see immediately that the application fails and refuse within weeks rather than months.

Victoria

saeed1707 · Post by **saeed1707** » Fri Oct 12, 2007 2:21 am

If that happens, within weeks, would we still be able to submit a FLR application ?

VictoriaS · Post by **VictoriaS** » Fri Oct 12, 2007 12:37 pm

Yes. But I think you should do that anyway.

Victoria

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