Spouse Visa Application (Wife in Canada)

Hi,

I have just got married to a girl in Canada. I am thinking to apply for the spouse visa and did not realize it could be that complicated. She lives in Canada and applied for the refugee status. Her application is still in process. I have two questions and I hope you guys can help me out.

• Can I apply for her spouse visa while her application is in the process? I might look stupid here

• Should I wait for her application to be processed and If her application gets successful then let say she applies for the UK visit visa on travel documents. Then, can I change her status while she is in the UK on the visit visa?

Thanks

I have just got married to a girl in Canada.

Have you met in person or was it a proxy marriage??

I am thinking to apply for the spouse visa and did not realize it could be that complicated.

It is not a 'spouse visa' if you hold a Tier 2 General visa. She applies for a Tier 2 General dependent visa.

She lives in Canada and applied for the refugee status. Her application is still in process.

What is her legal residence status in Canada?? Does she have a passport??

Can I apply for her spouse visa while her application is in the process? I might look stupid here

She can apply in a country she has legal residence, ie. not a visitor.

Should I wait for her application to be processed and If her application gets successful then let say she applies for the UK visit visa on travel documents. Then, can I change her status while she is in the UK on the visit visa?

She cannot switch visa categories in the UK if she is here as a visitor. It is not permitted.

I have just got married to a girl in Canada.

Have you met in person or was it a proxy marriage??

Yes, I met her in person. It was a proper marriage.

I am thinking to apply for the spouse visa and did not realize it could be that complicated.

It is not a 'spouse visa' if you hold a Tier 2 General visa. She applies for a Tier 2 General dependent visa.

Yes, you are right. My bad.

She lives in Canada and applied for the refugee status. Her application is still in process.

What is her legal residence status in Canada?? Does she have a passport??

Like I said, Her application is still in process. She is still waiting for the outcome.

Can I apply for her spouse visa while her application is in the process? I might look stupid here

She can apply in a country she has legal residence, ie. not a visitor.

Should I wait for her application to be processed and If her application gets successful then let say she applies for the UK visit visa on travel documents. Then, can I change her status while she is in the UK on the visit visa?

She cannot switch visa categories in the UK if she is here as a visitor. It is not permitted.

it means she has to go back to Canada and then apply as a dependent.

Also unlikely she will get a visitor visa for the UK for two reasons, a) husband in the UK and b) claiming refugee status in Canada. HO might well take the view she won't leave the UK.

Thanks for your help. If she withdraws her application there then I think it would not be an issue.

What is her nationality and how did she enter Canada??

She is from Pakistan and she was on a visit visa in Canada.

mhdazeem wrote: ↑

Tue Mar 05, 2019 10:55 am

She is from Pakistan and she was on a visit visa in Canada.

So she does have a passport.

Highly unlikely then that she will be able to get a visitor visa for the UK under the circumstances.

She also cannot apply for a dependent visa in a country she has been admitted as a visitor.

Why can she not return to Pakistan and apply for a dependent visa??

I think the only choice is to go back and then apply for the visa. Thanks for your help. really appreciated.