UK visit visa for a spouse before applying for a spouse visa

[Johnlondon]

While trying to gather all documents needed to apply for a spouse visa, we found that to get everything ready we could start applying by end of July therefore we are thinking to apply for my spouse and the child for a UK visit visa to enable them to come to visit me in the UK for the time being.
How likely do they get granted such visa if I will sponsor everything during their visit?
Not sure if that is normal?
Has anyone succeeded in securing a visit visa for their overseas spouses while applying or waiting for a spouse visa?
Should they mention in the application that they will definitely return back to their own country to apply for a spouse visa after getting all documents needed ready? Will that help?

[Heythereitsme]

I don’t think they should really be visiting the U.K. whilst an application is being processed?

What if they are called in for an interview or contacted via phone?

[physicskate]

While trying to gather all documents needed to apply for a spouse visa, we found that to get everything ready we could start applying by end of July therefore we are thinking to apply for my spouse and the child for a UK visit visa to enable them to come to visit me in the UK for the time being.
How likely do they get granted such visa if I will sponsor everything during their visit?
Not sure if that is normal?
Has anyone succeeded in securing a visit visa for their overseas spouses while applying or waiting for a spouse visa?
Should they mention in the application that they will definitely return back to their own country to apply for a spouse visa after getting all documents needed ready? Will that help?

A visit to the UK after having submitted an application will invalidate the application.

In order to visit before the application is submitted they would have to show strong evidence for leaving the UK at the end of the visit.

[AmazonianX]

While trying to gather all documents needed to apply for a spouse visa, we found that to get everything ready we could start applying by end of July therefore we are thinking to apply for my spouse and the child for a UK visit visa to enable them to come to visit me in the UK for the time being.
How likely do they get granted such visa if I will sponsor everything during their visit?
Not sure if that is normal?
Has anyone succeeded in securing a visit visa for their overseas spouses while applying or waiting for a spouse visa?
Should they mention in the application that they will definitely return back to their own country to apply for a spouse visa after getting all documents needed ready? Will that help?

A visit to the UK after having submitted an application will invalidate the application.

In order to visit before the application is submitted they would have to show strong evidence for leaving the UK at the end of the visit.

Can more light be shed on ''A visit to the UK after having submitted an application will invalidate the application''.
Lets take the instance of someone who paid for the option of keeping his passport when he submitted spouse visa standard application i.e non-priority.Since the decision takes long, he applied for a family visit visa to be with his pregnant wife and was granted the visa. Haven being granted 2 months holiday from his lucrative job, the intention is to stay with his pregnant wife for 6wks and then return to his home country.

As per the above quote if he makes that journey on the family visit visa to be with his wife in UK while the spouse visa application is being considered then the spouse visa application is invalidated and will be refused? Is the correct? Can we get more lights on this and where possible reference to the section of the immigration rules and guidance about this.

Thanks.

[physicskate]

A visit to the UK after having submitted an application will invalidate the application.

In order to visit before the application is submitted they would have to show strong evidence for leaving the UK at the end of the visit.

Can more light be shed on ''A visit to the UK after having submitted an application will invalidate the application''.
Lets take the instance of someone who paid for the option of keeping his passport when he submitted spouse visa standard application i.e non-priority.Since the decision takes long, he applied for a family visit visa to be with his pregnant wife and was granted the visa. Haven being granted 2 months holiday from his lucrative job, the intention is to stay with his pregnant wife for 6wks and then return to his home country.

As per the above quote if he makes that journey on the family visit visa to be with his wife in UK while the spouse visa application is being considered then the spouse visa application is invalidated and will be refused? Is the correct? Can we get more lights on this and where possible reference to the section of the immigration rules and guidance about this.

Thanks.

First of all, there is no longer a 'family visit visa', just a visitor visa. Do you already hold this visa? If not, it may be difficult for your application to be successful, as they may not believe you would leave. Do you apply for this visa before or after you submit the spouse visa? You cannot have two applications considered at the same time.

The option of keeping a passport is a very new thing. The rules were initially written so that one would have to withdraw an application in order to travel, thus invalidating the application (For example Appendix V 2.7).

The issue really comes from being granted the visa (in the home country) whilst in the UK as a visitor. If your spouse visa is granted while you are in the UK, it would supercede the visitor visa as it is not possible to hold two UK visas simultaneously. This would constitute a change of circumstances. However, it is NOT possible to change from a visitor visa to almost any other visa while in the UK, so you might be in the UK without valid leave by a quirck of the rules.

So it's not 'an immigration rule', as such, but the consequence of several rules. This is my opinion (and generally the opinion of immigration fora online (including others)) that an application to the UK is jeopardised by travelling to the UK during visa processing. I would, of course, be happy to be proven wrong!

[AmazonianX]

Dear physicskate,

Your response quite logically well thought out.

Based on my own experience, submitted spouse visa application, took long to get a feedback and the visa was not granted. In consultation with solicitor, lodge an appeal and was told appeal process takes time. After lodging the appeal and since I am in possession of my passport, told solicitor of my intention to apply for a visit visa, he said not to as the recent refusal and ongoing appeal will be good reason for ECO to refuse the application as the impression is that I want to get into UK and
1. Become illegal/overstay or not return or
2. Make in country application based on marital status and having a British Citizen child.
Ne'er the less I applied; outlined my previous 10yrs travel history, stated in the application I just got refused and have lodge an ongoing appeal. Reason for application - to see and be with my spouse and child.
The visit Visa was granted and was used for the journey and no hassle at the point of entry and on subsequent occasions when I used visit visas.
A colleague is now in similar situation. Wants to file spouse visa application while the wife is pregnant. He wants to chose the 'Keep passport' option so that while his spouse visa application is being processed he will apply for visit visa to be with pregnant wife. If spouse visa is granted while in UK,
he will return to home country to get the 30-days entry stamp to UK and then travel to UK. Told him its a good idea.
The purpose of the recently introduced 'keep passport option' is said to be so that if you have other journeys planned you can go on them while the initial one is being processed.
Hope I have not advised him wrongly!
physicskate and anyone or persons who's used this option successfully should please respond. Response of people with more knowledge in this matters also appreciated.
Thanks.

[Jaune08]

Ne'er the less I applied; outlined my previous 10yrs travel history, stated in the application I just got refused and have lodge an ongoing appeal. Reason for application - to see and be with my spouse and child.
The visit Visa was granted and was used for the journey and no hassle at the point of entry and on subsequent occasions when I used visit visas.

Hi AmazonianX, it’s interesting to read you as I did the opposite.

My spouse visa was also refused and I lodged an appeal last Friday. Since I have my passport, I was considering either travel to Europe to meet my husband there, or see if I could travel to the UK to visit him.

My solicitor strongly discouraged me to travel to the UK while my appeal is being processed. I come from a country where I don’t need to apply for an extra visitor visa as my passport is enough. For this reason, the officer at the UK Border Control is the one who decides to grant me entrance or not. Considering that I have a rejected visa, and I’m married to a British national, I am subject to overstay and therefore, the officer has all the right to refuse the entry and deport me. Of course, this would mess up my current appeal.

I was also told that the risk of being deported is higher at Heathrow, since the officers are more strict (not sure whether this is true or not).

In the end, I have decided to stay in my country and wait until I have decision from Home Office, as I don’t want to negatively impact on my application.

[AmazonianX]

Jaune8,
The solicitor did same to me, said I should not or else I will be jeopardizing not only the ongoing appeal but also future applications.
Due to the long delays in getting reply to application and appeal process, at the time of applying for visit visa it was already 15months since I saw my partner last! Partner also told by solicitor not to come to me as HO can then say their is nothing preventing partner from moving to my home country.
I submitted visit application showing:
1.10yrs of travel history to UK where I never overstayed as using exact duration I put on landing card, didn't take up any job but rather bringing in my funds to spend and grow UK economy.
2. Evidence of good job that takes me to different parts of the world every 2-3months.
3. Honestly outlined the refusal and that appeal is in progress.
4. Appealed to the sense of fairness of the ECO in cover letter.

Yes, the officer at the bother has a right but this is not absolute. His/her decision has to be weighed and balanced based on how you table and prove your intentions for the journey. I use Hearthrow and not a hitch so far.
Maybe mine was a gamble that paid off but I think 5 successful trips on visit is beyond gamble.