Visitor Visa for Partner

[jagumsley]

Hi everyone,

I am a UK citizen living in the UK with my two children who are also UK citizens. My wife isn't a UK citizen so after we immigrated back to the UK last year she came in on a visitor visa. Her country is visa exempt so all she did was get her passport stamped at the airport when she arrived.

She then stayed for 5 months and 3 weeks until February 6th this year and then she went back to apply for a spouse visa. Unfortuntely due to the coronavirus, our funds held in our foreign accounts have all dropped and we are unable to meet the financial requirements at present for the spouse visa.

Therefore my wife would like to come back into the country again on a visitor visa like before.

My question is, will there be a problem with this? Apparently, a person is only allowed to be in the UK for 180 days (6 months) at a time for a year period, would coming back in be permitted or would they deport her? Also, she didnt stay the full 6 months previously, would this mean they would let her in and tell her she could only stay a week? Does anyone know if there is perhaps a way araound this?

Kind regards,
James

[Zerubbabel]

Hello

You are in a cat and mouse situation.

If I compare with visa nationals, your wife would never get a visitor visa. Having strong ties to the UK such as a husband and children, is usually a no-go for visitor visas.

Non visa nationals don't require a visa before they fly but they are submitted to the same rules as anyone else. This means if she comes frequently and stays 5.9 months, this is going to trigger something at one point.

If she does it once or twice, it's likely going to stay under the radar but if it becomes a long term pattern, they can deny entry.

Honestly, I find this policy inhumane. No one should have to use a visitor visa/stamp in order to stay with partner and children.