Visitor Visa for Spouse - Intent to Return

ups · Post by **ups** » Thu May 31, 2012 1:05 pm

Hi folks,

I currently have a Tier-1 General visa which is undergoing extension. I got married in India just before applying for the extension. Given the current timelines, I am planning to bring my wife to the UK from India on a Visitor (Family) visa for a few months. Later this year she will return to India and apply for the Tier-1 dependent visa, assuming I get my visa extension by then. She will be leaving her job before coming here now.

Now as I understand one of the key things to prove is the intent to return. In our case the reason will be that she will return to India to get her dependent visa (depending on the outcome of my application of course) and then come back so that she can reside with me as a dependent and also work here.

As she is my wife and will be residing with me eventually, I do not see any other ways to justify that she will return to India before her visitor visa expires - other than the fact that she has to return to get her dependent visa.

Do you see any problems with this? Any experiences/views?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 5:26 pm

Why not simply apply now for the dependant visa and use that to visit? A visit visa won't come any quicker and you say you will be applying for the dependant visa in any case soon after. It simply does not make sense to do what you are suggesting.

ups · Post by **ups** » Thu May 31, 2012 6:00 pm

Lucapooka wrote:Why not simply apply now for the dependant visa and use that to visit? A visit visa won't come any quicker and you say you will be applying for the dependant visa in any case soon after. It simply does not make sense to do what you are suggesting.

I can not apply for dependent visa now as my visa is undergoing extension and I have to wait for that before I can apply for my wife's dependent visa. She does not have entry clearance and has to apply from India.

I submitted the application this month and as per the current timelines for tier-1 extensions, it can take 3-4 months for that to happen. Add to that roughly a month for dependent visa, tickets booking etc.

Visitor visa from India takes about 2-3 weeks usually. I have direct experience of this as well as I've had family visit before.

Essentially I am looking at July (visitor visa) or Sep - Oct (dependent visa) - so as you can see there is considerable difference.

Hence any views on my initial question?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 6:06 pm

But what evidence will she show of her family member in the UK?

ups · Post by **ups** » Thu May 31, 2012 6:07 pm

Lucapooka wrote:But what evidence will she show of her family member in the UK?

Marriage certificate should suffice?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 6:19 pm

How will that confirm that she has a relative in the UK whom she desires to visit? The application asks for actual proof which may include any of the following.

 bio-data pages from their passports
 valid visa or immigration stamp from their passport
 Home Office letter confirming permission to stay in the UK

ups · Post by **ups** » Thu May 31, 2012 6:24 pm

Lucapooka wrote:How will that confirm that she has a relative in the UK whom she desires to visit? The application asks for actual proof which may include any of the following.

 bio-data pages from their passports
 valid visa or immigration stamp from their passport
 Home Office letter confirming permission to stay in the UK

I understand what you mean now. I have copies of my passport and visa (which is now past expiry date), as well as the acknowledgement letter from UKBA stating my application is being considered.

Are you saying that this won't be sufficient to prove that I am in the UK on a valid visa?

As per immigration law, during the application process I am legal in this country as per the terms of my current visa. Is this not sufficient for a visitor visa?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 6:28 pm

If they are certified copies of you passport and visa they will do fine. The letter from the UKBA concerning the extension will also work.

ups · Post by **ups** » Thu May 31, 2012 6:34 pm

First of all thank you very much for instant responses!

Lucapooka wrote:If they are certified copies of you passport and visa they will do fine. The letter from the UKBA concerning the extension will also work.

What do you mean by certified? I have colour scans of all the relevant pages - is self-attestation enough on the print outs?

I have the original acknowledgement letter from UKBA but I will only send a copy of it with her application.

If yes, my original question - showing that she will return to India to get her dependent visa will be good enough?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 6:37 pm

Regular photocopies are of no use in any type of application to the UKBA. They will not be considered. Photoshop laid rest to that situation years ago.

Certified means that someone in an official capacity to certify documents (that is their licence) has seen both the original and the copy and certifies that it's a true copy.

ups · Post by **ups** » Thu May 31, 2012 6:44 pm

Lucapooka wrote:Regular photocopies are of no use in any type of application to the UKBA. They will not be considered. Photoshop laid rest to that situation years ago.

Certified means that someone in an official capacity to certify documents (that is their licence) has seen both the original and the copy and certifies that it's a true copy.

When I applied for my mother's visitor visa last year, I had sent the same scans and got them printed out - the visa was granted without any issues. Do you know what kind of certification is required?

Lucapooka · Post by **Lucapooka** » Thu May 31, 2012 6:50 pm

Each case is different and it's a judgement call by the ECO as to whether to accept regular copies or that the copies are not crucial as the visa requirements are met in other ways. I'm only telling what the guidelines ask for.

ups · Post by **ups** » Thu May 31, 2012 7:18 pm

Thanks mate - appreciate that.

Gary_G · Post by **Gary_G** » Sun Jun 10, 2012 3:15 am

ups wrote: I do not see any other ways to justify that she will return to India before her visitor visa expires - other than the fact that she has to return to get her dependent visa.

Do you see any problems with this? Any experiences/views?

Did you apply for the visa with this reason to return? I'm wanting to use the same argument for my wifes visit visa and wondered how you got on?

Thanks

ups · Post by **ups** » Sun Jun 10, 2012 11:22 am

Gary_G wrote: Did you apply for the visa with this reason to return? I'm wanting to use the same argument for my wifes visit visa and wondered how you got on?

Thanks

Not yet, planning to apply next week.

Gary_G · Post by **Gary_G** » Sun Jun 10, 2012 9:16 pm

Keep us posted on how you get on, my wife is in a similar situation to yours, currently been unemployed and living with her parents. Our only argument for her to return is to apply settlement after her visit.

ups · Post by **ups** » Sun Jun 10, 2012 9:23 pm

Sure... to be honest this is also a concern for me. Not sure if this is reason good enough, to top that my Tier-1 visa is undergoing extension so it's not the "cleanest" of circumstances for the ECO to consider.

geriatrix · Post by **geriatrix** » Mon Jun 11, 2012 1:16 am

ups wrote:In our case the reason will be that she will return to India to get her dependent visa

I'll be (very) surprised if the application is approved.

ups · Post by **ups** » Mon Jun 11, 2012 7:47 am

sushdmehta wrote:
ups wrote:In our case the reason will be that she will return to India to get her dependent visa
I'll be (very) surprised if the application is approved.

If you think so... any other suggestions given the circumstances - if we still want to go the visitor visa route? Will a general visitor visa category be any better?

geriatrix · Post by **geriatrix** » Mon Jun 11, 2012 8:32 am

vinny wrote:Similar to visitors to the USA, visitors to the UK should also show strong ties (214(b)) to their home country or country of residence.

Franko · Post by **Franko** » Mon Jun 11, 2012 5:47 pm

I have read on another forum where people have used the argument for return to be there future plans are to return home and apply settlement visas after their visit, you need to make it clear that your spouse understands the terms of the VV and will abide by the terms of the visa and return home within the allowed time frame as she will not do anything to jeopardise her future dependants application, as she is fully aware of the implications that failure to comply will have on any future applications. People have successfully used this reason for their spouse or girlfriends who don’t have jobs or property which are the usual reasons for return.

Good luck

ups · Post by **ups** » Mon Jun 11, 2012 5:50 pm

Franko wrote:I have read on another forum where people have used the argument for return to be there future plans are to return home and apply settlement visas after their visit, you need to make it clear that your spouse understands the terms of the VV and will abide by the terms of the visa and return home within the allowed time frame as she will not do anything to jeopardise her future dependants application, as she is fully aware of the implications that failure to comply will have on any future applications. People have successfully used this reason for their spouse or girlfriends who don’t have jobs or property which are the usual reasons for return.

Good luck

Thanks Franko - that is really good advice, much appreciated!

geriatrix · Post by **geriatrix** » Tue Jun 12, 2012 1:10 am

Just FYI - to help you make an informed decision:

Dependants of PBS migrants (in a PBS category that leads to settlement) applying for entry clearance as PBS dependant after 09-Jul-12 will be subject to "5 years probationary period" before becoming eligible for settlement.

ups · Post by **ups** » Tue Jun 12, 2012 4:28 pm

sushdmehta wrote:Just FYI - to help you make an informed decision:

Dependants of PBS migrants (in a PBS category that leads to settlement) applying for entry clearance as PBS dependant after 09-Jul-12 will be subject to "5 years probationary period" before becoming eligible for settlement.

Thanks - yes, I heard about this and have now seen the announcement...

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Visitor Visa for Spouse - Intent to Return

Visitor Visa for Spouse - Intent to Return

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