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Question regarding wife visiting

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safc
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Question regarding wife visiting

Post by safc » Mon Nov 22, 2010 1:27 pm

Hello, I'm looking for some advice.

I married my American fiance in America and she is wanting to come visit me in a couple of weeks time on a standard visit visa (the one you get when you arrive).

She can't apply for the spouse visa yet as she's not 21 until later next year. Will her visiting me have any negative effect on the spouse visa?

The return ticket is for 10 days after she arrives, would she be able to contact the embassy to extend this if she wanted to stay longer (I think you can stay for up to 6 months)?

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Casa
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Post by Casa » Mon Nov 22, 2010 1:42 pm

You may be safer to apply for a visitor visa before she leaves as the entry officer could take the view that as her husband is here she may remain in the UK after the expiry date and therefore refuse her entry.

safc
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Post by safc » Mon Nov 22, 2010 1:47 pm

Casa wrote:You may be safer to apply for a visitor visa before she leaves as the entry officer could take the view that as her husband is here she may remain in the UK after the expiry date and therefore refuse her entry.
She's coming next week so I think time will be an issue, the plan is to say she is staying with friends (she can stay with friends if she has to) to get around any entry problems, would that be ok?

MPH80
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Post by MPH80 » Mon Nov 22, 2010 2:13 pm

So when she then applies for the spouse visa they'll see an entry to the UK with a recorded address that isn't yours ... I'd be asking why not ... given you're her husband.

On the other points - not sure why she'd contact the embassy to extend her ticket?

Also - keep in mind - she'll be probably over 28 week by next week and may require a fit to fly certificate (http://www.britishairways.com/travel/gs ... rchResults). She'll also need good medical insurance in case complications occur while she's here.

But ... I'm wondering if you already know that ...

http://www.expatforum.com/expats/britai ... -visa.html

I'm not sure if that is you ... but given this comment in that thread:
It's all very hard as she has just lost her job in the USA and will find it hard to meet rent and I've got a house here!
That means her having entry clearance before arrival is all the more important ....

M.

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Post by Casa » Mon Nov 22, 2010 2:25 pm

Even less likely to grant her entry if she's in advanced pregnancy.

safc
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Post by safc » Mon Nov 22, 2010 2:39 pm

Sadly we lost the baby last week, that's why I didn't mention the pregnancy thing and why we're so desperate to see each other (I can't get any more time off work as I was there the week before last week). I rushed into buying a ticket for her to visit as we are so desperate to see each other now seeing what we've been through.

So they record the address where she is planning to stay on their system when she enters?

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Post by MPH80 » Mon Nov 22, 2010 2:52 pm

If it's on the landing card ...

http://sean.kiev.ua/img/landing_card.jpg

I'd bet they record it.

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Post by safc » Mon Nov 22, 2010 2:57 pm

MPH80 wrote:If it's on the landing card ...

http://sean.kiev.ua/img/landing_card.jpg

I'd bet they record it.
I guess it would make sense for them to record it! So what happens when we apply for spouse visa next year and they see that? Will they just tell us she can never get a visa?

We love each other and want to be together legally, we have no intention of any overstaying etc?

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Post by MPH80 » Mon Nov 22, 2010 3:01 pm

It's about deception. If she says "I'm staying at x" and actually stays at Y and gets caught - then that's deception and can have a big impact on the visa process.

Just follow the right process, always tell the truth, show she's got the right reasons to return and it won't be an issue that she's with you.

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Post by safc » Mon Nov 22, 2010 3:17 pm

MPH80 wrote:It's about deception. If she says "I'm staying at x" and actually stays at Y and gets caught - then that's deception and can have a big impact on the visa process.

Just follow the right process, always tell the truth, show she's got the right reasons to return and it won't be an issue that she's with you.
I get the not lying bit, it looks/sounds bad for future applications. Don't they usually ask for where you're going to stay first night, can't she book into a hotel and stay there first night and that can be the contact address?

She's only just been laid off from work so she could say she has a job and she has a lease book to show she's on a current lease.

I've read elsewhere that they'll amost certainly turn her away if she says she is visiting her husband as they'll assume she won't go home (which is stupid really as if she wanted to be illegal she simply wouldn't go home and would have nothing to worry about on future visa applications as she wouldn't be making them).

If she lands at the airport, tells them she's there for vacation, has a valid return ticket and a hotel for first night, would she be proven as being deceptive later down the line?

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Post by HRY2005 » Mon Nov 22, 2010 10:29 pm

Don't they usually ask for where you're going to stay first night, can't she book into a hotel and stay there first night and that can be the contact address?
They always want to know where a visitor is staying for the entire period of visit, not the first night.

If you have a good evidence/reason to prove and show them that she'll return to the US after the visit, I believe they'll let her in but you must be honest.

I have heard of someone like that, they collected her passport and asked her to pick it up at the Airport when she's departing.
Live and let live

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Post by avjones » Mon Nov 22, 2010 10:49 pm

safc wrote:
I get the not lying bit, it looks/sounds bad for future applications. Don't they usually ask for where you're going to stay first night, can't she book into a hotel and stay there first night and that can be the contact address?

She's only just been laid off from work so she could say she has a job and she has a lease book to show she's on a current lease.
You say you "get the not lying bit" and then suggest some more lies!
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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