Travelling to the U.K. whilst awaiting Spouse Visa decision?

[CALLUMRF23]

Hi,

We are finalising my wife’s Spouse Visa application & are hoping to receive approval by Christmas. If not, we are still hoping she can travel over on her current Visitor Visa (valid until end of Jan 2020).

Our question is; can my wife do this?

My wife has 2 passports (had to purchase a new one last year as all the pages filled up) & her current Visitor Visa is in her older passport (expires in 2021) of which we are hoping she can use to travel in case a decision has not been received. The latest passport (expires in 2028) will be sent off to the UKVI with her Visa application.

I hope someone can provide guidance on this.

Look forward to hearing from you,

Callum

[AmazonianX]

1. As far as I know from personal experience, you can not have two passports valid from the same country. The issuance of a new passport after the previous one is lost or pages filled invalidates the first one. If you have valid visas on it, then it is usable based on the validity of the new passport I.e. both passports presented together at immigration control. The one with the filled pages may already be cancelled by your wife's country's immigration authorities. You may want to check with them.
2. With e-passport nowadays, how sure that when the old passport is scanned it won't bring up information that she has a pending application with her passport in possession of the HO? How to explain having 2passport of same nationality?
3. As read on this forum, having an existing/on going application in process and traveling can invalidate ongoing application. Person who did keep passport and wanted to do what you planned had to shelve his

[CR001]

3. As read on this forum, having an existing/on going application in process and traveling can invalidate ongoing application. Person who did keep passport and wanted to do what you planned had to shelve his

This ONLY applies to applications made WITHIN the UK and NOT to entry clearance visas.

Trying to gain entry to the UK while having a settlement visa application in pending is the issue as the IO will see the history and could refuse entry.

[AmazonianX]

3. As read on this forum, having an existing/on going application in process and traveling can invalidate ongoing application. Person who did keep passport and wanted to do what you planned had to shelve his

This ONLY applies to applications made WITHIN the UK and NOT to entry clearance visas.

Trying to gain entry to the UK while having a settlement visa application in pending is the issue as the IO will see the history and could refuse entry.

Thank you CR001 for the enlightenment. So using above scenario means there is no rule stopping someone who has settlement application in progress n use the 'keep my passport option ', has valid visit visa to UK can attempt to come be with his wife?
Then It is to convince the IO at point of entry.

[iwolga]

As far as I know from personal experience, you can not have two passports valid from the same country. The issuance of a new passport after the previous one is lost or pages filled invalidates the first one. If you have valid visas on it, then it is usable based on the validity of the new passport I.e. both passports presented together at immigration control. The one with the filled pages may already be cancelled by your wife's country's immigration authorities. You may want to check with them.

Well I have 2 passports issued from the same country and it is perfectly legal. So this depends on local immigration regulations.

There can also be a difference between issuing a new one instead of a full one and issuing an additional passport.

[iwolga]

Then It is to convince the IO at point of entry.

This is an interesting one. In theory the chance of someone without pending application to abuse the system by coming on visit visa and overstaying shall be higher. At least till the decision is made.

I have 2 friends of mine who were travelling to UK while their EEA FP (not UK settlement though) applications were under consideration. They were both admitted into the country and they had their permits approved eventually.

[AmazonianX]

As far as I know from personal experience, you can not have two passports valid from the same country. The issuance of a new passport after the previous one is lost or pages filled invalidates the first one. If you have valid visas on it, then it is usable based on the validity of the new passport I.e. both passports presented together at immigration control. The one with the filled pages may already be cancelled by your wife's country's immigration authorities. You may want to check with them.

Well I have 2 passports issued from the same country and it is perfectly legal. So this depends on local immigration regulations.

There can also be a difference between issuing a new one instead of a full one and issuing an additional passport.

Knowledge increases with interactions, I ref my personal experience and you shared yours. At the end of the quote, stated to check with immigration authorities of the wife's country.

[TODMATT]

If you have an application such as settlement visa pending then travelling is NOT recommended as your application flagged up at the border and it is possible you could be detained or denied entry into the UK. I would play it safe and avoid all this problems and wait till the result is out whilst this is said, some people have tried it and it worked but it is up to the Officer at the border. Personally, I will avoid as it's 50/50.

[THO]

IMHO both Amazonia and Iwolga are correct. It is perfectly legal to have two passports in UK, as many people who travel a lot need to get a visa put into their passport, while they are also needing to travel to another destination.

But it is also true that when you fill up your old passport, and apply for a new one the old passport is usually sent back and replaced (or if requested returned with the corner of the front page cut off) with the new one.

However, when you applied for the new passport, what was your reason stated for the application? Did you send the full passport back with the application? If so, and you received it back in one piece with the new passport, then I expect they allowed for the fact that you had a valid visa still in it and so you could travel to the UK until it expired. Again, assuming it is a multi entry visa?

But, assuming you buy a ticket and she comes to the UK, you then run the risk of being turned away at immigration control, and this could have serious knock on affects. So, in your shoes, I would not risk it and just wait, unless you can find someone who is truly able to give you the factual answer, and not just a load of guesswork that you get on this forum.

[AmazonianX]

IMHO both Amazonia and Iwolga are correct. It is perfectly legal to have two passports in UK, as many people who travel a lot need to get a visa put into their passport, while they are also needing to travel to another destination.

But it is also true that when you fill up your old passport, and apply for a new one the old passport is usually sent back and replaced (or if requested returned with the corner of the front page cut off) with the new one.

However, when you applied for the new passport, what was your reason stated for the application? Did you send the full passport back with the application? If so, and you received it back in one piece with the new passport, then I expect they allowed for the fact that you had a valid visa still in it and so you could travel to the UK until it expired. Again, assuming it is a multi entry visa?

But, assuming you buy a ticket and she comes to the UK, you then run the risk of being turned away at immigration control, and this could have serious knock on affects. So, in your shoes, I would not risk it and just wait, unless you can find someone who is truly able to give you the factual answer, and not just a load of guesswork that you get on this forum.

This forum is quite interactive, people give their interpretation of the rules, relay their personal experience and or informed opinion. I will not label it as 'load of guesswork'. People have come one here to seek second opinion and found that solicitors they pay huge fees led them astray/on wrong path and they went with the opinion expressed here and got positive outcome on whatever immigration matter they seek. Ultimately, the decision on what to do lies with the members seeking advice.
At the particular enquiry by OP, I have come into and left UK while I had application with HO and I encountered no problem. I left UK few days ago, I entered with just about a week left on my visa, asked at POE by IO that why entering with less time left on my visa, have her the reason, she looked over previous stamps and allowed me in without asking about my return ticket.
Will I relay my experience? Yes, Will I categorically ask anyone to do same? No, the final decision lies with them.
Since I am yet to see a clear cut reference to the rules about above hence why I asked CR001 who is way more informed on such matters than me.

[AmazonianX]

To run the risk or not? Each individual weighs their options, what they stand to gain/lose, previous immigration history etc

[TODMATT]

It is just a load of guesswork that you get on this forum.

Guesswork on this platform which is FREE?? I would take advice from the moderators of this group THAN lawyers or solicitors? Personally, I have used this forum for many years and it has helped me along the way and will I classify their guidance as guesswork?? NO! Vinny, Casa, CR001, Obi?? Do you know this people?? Never met them before but God bless them. They have helped tons of people on this platform with accurate information.


If you think this group is full of guesswork, what are you doing here??

[seagul]

Simply ask the relevant consulate/embassy that whether the old passport is still valid or cancelled on issuance of new passport which most often got cancelled but maybe your consulate/embassy has different policy. And normally for travelling you only need a valid passport with valid visa and if the passport is still valid then you can travel but undeniably the entry will be at the discretion of airport immigration staff since you have pending settlement application but still possible. Some queries can only be answered by the relevant authorities or by those who practically faced that situation under same circumstances.

[THO]

It was not my intention to make a statement that took the OP's question off track. My point is, do not rely on what you are told on this forum, as no one is a lawyer. I have been given completely wrong advice from a moderator, which worried me.

However, to keep on track, when my wife and I applied for her visa I asked the question was it possible we could get a holiday visa for her to visit me while we wait. The lawyer said we would 100% fail as the ECO would think something odd was happening. So, even if you already have a valid visa, if she tried to gain entry into the country, her pending application may cause the immigration officer at the airport to refuse her. But, this is only an idea based on my previous conversation with the lawyer.

I think the OP already feels that this is the case but was looking for someone who knows that "yes she can" / "no she cannot" and here is the relevant paragraph from the relevant page of the .govt Web site. Based on the opinions expressed and lack of actual fact, my advice is wait. My experience of trying to find anyone in the HO or country embassy who will actually speak to me, let alone help by providing an actual definite yes or no or solid advice is zero, and believe me, I have tried.

[AmazonianX]

"However, to keep on track, when my wife and I applied for her visa I asked the question was it possible we could get a holiday visa for her to visit me while we wait. The lawyer said we would 100% fail as the ECO would think something odd was happening. So, even if you already have a valid visa, if she tried to gain entry into the country, her pending application may cause the immigration officer at the airport to refuse her. But, this is only an idea based on my previous conversation with the lawyer."
Above was your experience, same situation and lawyer told me same that it will be refused and cause problems for the ongoing application. I disregarded lawyer and risked the application, it was granted, flew to UK, no issues at POE.
Hardly anyone will give OP a Yes or No on what to do, it's their decision to make.

[CALLUMRF23]

Thank you all for your responses, we will take a common sense approach & not risk it, as it is my wife will provide her 2 passports as part of her application to back up her travel history etc..

Thanks again,

Callum