Returning on a visitor visa to tie things up?

My partner has to return home when her Visa expires on April 20th. Since she has spent 9 years in the UK and we have a house together she would need to return in order to sort things out.

The reason it has been left so late is that her company was going to Sponsor her but pulled out at the last minute.

My question is that if she applied for a Visitors visa once she got back to her home country, what is the likelihood of getting that visa? Would they potentially refuse it due to the fact she has been in the UK for so long and worry she has other motives?

Many Thanks

Tim

A partner and a house in the UK ... yes ... they would probably suspect other motives.

She'd have to lay out a clear plan/reason as to why she'd return and have some pretty strong evidence.

Can I take from this - you've given up on the unmarried partner visa?

Why not travel with her, get married in her country, and have her return on a spouse visa?

M.

MPH80 wrote:Can I take from this - you've given up on the unmarried partner visa?

We have basically decided that although we have been partners for 2 years, the fact we have only been living together for 19 months means the application will fail and if it does will jeopardise her coming back into the UK on a visitors visa later.

MPH80 wrote:Why not travel with her, get married in her country, and have her return on a spouse visa?

Although that is the long term plan, getting married just for the sake of the visa is against our morals and we don't want to be rushed into a decision like that for the sake of a legal requirement. It just doesn't sit right.

If we thought the unmarried application failure wouldn't leave a black mark on her record we might consider going for it but we've heard it could be really bad news if we did fail.

1 more year and then she can apply for ILR....

joh118 wrote:1 more year and then she can apply for ILR....

Thanks for rubbing it in

You can probably apply for an unmarried partner visa in 5 months time, provided you have sufficient proof from when you first started living together.

If she is able to obatin a visitor visa and return at some point during this period it should work in your favour.

Periods apart of up to 6 months are allowed with good reason - I would assume her current visa situation would fall under this.

wf wrote:You can probably apply for an unmarried partner visa in 5 months time, provided you have sufficient proof from when you first started living together.

If she is able to obatin a visitor visa and return at some point during this period it should work in your favour.

Periods apart of up to 6 months are allowed with good reason - I would assume her current visa situation would fall under this.

I was under the impression that simply not being able to get a visa would create a gap in the 2 years and not be an acceptable reason. Have you heard otherwise?

a refusal of an unmarried partner visa will really not have any bearing on a future applicaiton if the only reason she is refused is because you have not been living together long enough.

Regarding the visit visa, if she is completely upfront about the purpose of the visit (which she needs to be) then she risks being refused because they won't accept that she has an intention of returning and that she doesn't intend to work (which she can't do on a visit visa). a refusal on this basis is more likely to cause problems with the unmarried partner visa in my opinion because a visit visa does sit with the fact that she intends to settle in the short term future.