Family visitor visa for partner of UK citizen

Hi, I am new here and have read many post's and have seen some great advice.
My partner is going to apply a family visit visa in January, she is Indonesian and I am a UK citizen living in the UK with our 6 year old daughter who is at school here. We have of course the birth certificates of our 3 children, the youngest born in July 2011, evidence of addresses we were at together in Indonesia over the last 4 years until I came back to the UK, Funds to cover all of our family, adequate accommodation etc, but the bit that troubles me most (as it's arbitrary) is her willingness to return to the UK when the visit end's, we are stating she will return to Indonesia as to overstay will jeopardize her application for an unmarried partners visa when my divorce is finalized around April - May of 2012 under the 5 year rule. I feel sure that this is the kind of proof to return that the UKBA ECO will consider highly. and the reason for the family visit is to allow and continue our relationship.

Does this sound ok, any advice would be great

kikijon1 wrote:we are stating she will return to Indonesia as to overstay will jeopardize her application for an unmarried partners visa when my divorce is finalized around April - May of 2012 under the 5 year rule. I feel sure that this is the kind of proof to return that the UKBA ECO will consider highly.

Overstaying in UK may jeopardize any entry clearance application in the future under any immigration category ... and this excuse / reason stands good for any individual who intends to return to UK at a later date (under any immigration category that 320(7C) does not cover). Therefore, not a reason that an ECO will base his decision on.

If the applicant is unable to show evidence of strong ties with the home country / country from which the applicant is applying from or will be returning to, then it is highly likely that the EC application will be refused.

Thanks sushdmehta, the whole process seems so frustrating and takes so long to go through the rule's but it has to be done to insure a satisfactory result.

We will have to go on the strong family ties rather than material ties, after all houses can be bought and sold, bank accounts opened and closed, jobs changed, but family ties.. I know what ties me to the UK is my family, as for the house, bank account and job, well as our intention is to settle in the UK together buying a house in Indonesia is not a priority and my wife is looking after our 5 month old, so unable to work yet. I already got fined £50 by the education authority when I took our daughter on a recent visit to Indonesia to see her mum, and I need to work which means we cant return until next July! and under unmarried partners visa breaks of up to 6 month are permitted, but the visitor category should be used. (However where a couple have been living together
in a committed relationship for the preceding 2 year period, barring short breaks, but
have been dividing their time between countries (for example, by using the "visitor"
category), this will be sufficient to meet the requirement.)
Also regarding our daughter I found this.. section 11 of the 2004 Act (section 28 in Wales) and in Working Together to Safeguard Children4 as: protecting children from maltreatment; preventing impairment of children’s health or development (where health means ‘physical or mental health’ and development means ‘physical, intellectual, emotional, social or behavioural development’)
I also found the following quote made by an IJ in a tribunal case ... the inter-dependent bonds between spouses or stable partners and between parents and children with particular strength being placed upon the interests and welfare of minor children. It is not normal for family life to be enjoyed by correspondence and occasional visits) If the ECO were to refuse then this would mean it would be some time before my daughter can visit her mum again, we used to go every few month's to Indonesia but now due to job commitment and educational commitments are unable to do so, therefore regular visits would become occasional due to the ECO refusing the visa.

Where there is a child involved but the non-UK parent cannot qualify for entry as a spouse/partner because a divorce has not been finalised, I believe that it may be appropriate to apply for entry as a parent with a right of access to a child (paragraph 246).

Although this category was created in order to benefit separated parents, there is no requirement in the Rules that the parents are actually separated or divorced. It also has the benefit of being cheap and leading to settlement after ony 1 year.

I have seen an applicant under paragraph 246 who was successful in the Tribunal in these circumstances.

However, it did require a hearing in the Tribunal (and had been refused on the grounds that the couple were not separated), so for your purposes and practically speaking it may not get you much further down the line. And applying for a settlement visa will of course nix your chances of getting a visit visa in the interim.

Something you might wish to take advice on anyway, to broaden your options.

Thanks, I guess that could be another option, I think for now we will just go ahead with the family visit, and take legal advice in case they do refuse, as UKBA make certain rules about applying for one type of visa and then put obstacles in the way, I do understand why they do this as a lot of people attempt to circumnavigate the visa system and this has a negative impact on those who are just trying to have family and friends over for genuine stays.