Tourist visa for child

[atticussmith]

Hi - I received some excellent advice on here earlier this week for my fiance on which visa she should apply for. She has applied for a Fiancee visa and will convert it to a Spouse visa once we marry (from China).

We have been told it will take about 12 weeks for this to be processed,and we cannot book the wedding until the visa is granted.

She currently has a standard tourist visa with about 22 months left on it - but we cannot marry on this visa.

We will also be applying for a Family visa for her son but this will take 12 weeks to process.

She has the opportunity to come here earlier than anticipated but we are not certain of her current status.

I am a British Citizen and language/finance are not a problem

I have two questions:

Is she still able to travel here on her original tourist visa while her Fiancee visa is being processed?

Is it possible for her 10 year old son to accompany her or will he need a separate tourist visa?

Many thanks

[CR001]

He needs a separate visitor visa.

Note also that they could be refused entry to the UK as the IO will see they have a settlement visa in process and could believe they are trying to circumvent the rules. Obvs assuming they apply with the keep my passport service if available, otherwise they have to submit their passports.

Why did you not apply for the child at the same time for the fiance visa??

[atticussmith]

He needs a separate visitor visa.

Note also that they could be refused entry to the UK as the IO will see they have a settlement visa in process and could believe they are trying to circumvent the rules. Obvs assuming they apply with the keep my passport service if available, otherwise they have to submit their passports.

Why did you not apply for the child at the same time for the fiance visa??

Hi - we needed to get her application under way first to get the wedding date sorted. I assume we can still apply for him now?

If we cancel the fiance application I presume she can still travel on her tourist visa, get the same for him and then start the fiance/family visa application while they are here?

[Casa]

If you cancel the fiance visa, entry into the UK on her current visitor visa is likely to be refused due to the intention to settle, which will flag up on the Immigration Officer's system at UK Border Control.

[iwolga]

He needs a separate visitor visa.

Note also that they could be refused entry to the UK as the IO will see they have a settlement visa in process and could believe they are trying to circumvent the rules. Obvs assuming they apply with the keep my passport service if available, otherwise they have to submit their passports.

Why did you not apply for the child at the same time for the fiance visa??

Hi - we needed to get her application under way first to get the wedding date sorted. I assume we can still apply for him now?

If we cancel the fiance application I presume she can still travel on her tourist visa, get the same for him and then start the fiance/family visa application while they are here?

If you cancel, you lose your money if bio was taken. She cannot apply for spouse visa/fiancée visa from UK while on tourist visa.

[atticussmith]

We had not attended any bio interviews so have cancelled the application.

Does anyone know if it is possible to fast track the new applications for mum (fiance visa) and her son (family visa) as she will be applying from outside the UK as a Chinese citizen.

I know we could fast track if the application was made here, and I know there are fast track options for Tier 4/student visas in China, but I can't find definitive answer if there is a similar service for what we need.

She is unable to apply from the UK as she could only come here at present on her tourist visa.

Have I got this right?

Many thanks

[Casa]

We had not attended any bio interviews so have cancelled the application.

Does anyone know if it is possible to fast track the new applications for mum (fiance visa) and her son (family visa) as she will be applying from outside the UK as a Chinese citizen.

I know we could fast track if the application was made here, and I know there are fast track options for Tier 4/student visas in China, but I can't find definitive answer if there is a similar service for what we need.

She is unable to apply from the UK as she could only come here at present on her tourist visa.

Have I got this right?

Many thanks

I'm not able to advise on whether there is a priority application for settlement visas submitted in China, but I can confirm that it's not possible to apply for a spouse visa from within the UK while here as a visitor.

However, one important issue which doesn't appear to have been addressed is whether your fiance has documented evidence of sole custody of her son. Where is the biological father and has he been involved in his child's life/upbringing.

[atticussmith]

Hi

Things have got a bit murkier than I realised.

My partner (Chinese) has a 24 month tourist visa - expiring Nov 2021.

We want to get married eventually and we want to bring her and her 10 year old son here to settle. I have previously been advised on a Fiance visa and that is certainly one route we are looking at.

However, she has been told that the fiance visa depends on her having lived with me for two years and for my divorce to have been completed 6 months before application (it is currently still going through the courts).

Is it possible for us to apply for a tourist visa for her son longer than the standard 6 month period? (She has sole custody)

She has been told that the fiance visa depends on her having lived with me for two years and for my divorce to have been completed 6 months before application (it is currently still going through the courts).

Just because a tourist visa is 24 months, does that mean she can stay here for the whole period in one go?

Would it be possible/easier to do all the necessary additional visa changes/applications with her here in the UK? Is there any advantage at all?

I know I have asked several questions and I would like to make a contribution to the site - how can I do this>

[Zerubbabel]

Hello

With a standard visitor visa, she can stay up to 6 months for each visit:

https://www.gov.uk/standard-visitor-visa

It's possible that she got her 24 months visa because she applied without her child. I know a few cases where people are refused when they apply with their kids but not if they apply without. The reasoning is that a child staying behind is a good reason to go back at the the end of the visit.

While you are divorcing, you are still married. So immigration-wise, I don't think there is a lot you can do for her at the moment. Maybe other contributors have more ideas...

[CR001]

Please keep your questions in one thread so that members can understand your situation.

Topics Merged!!!

[CR001]

Hi

Things have got a bit murkier than I realised.

My partner (Chinese) has a 24 month tourist visa - expiring Nov 2021.

We want to get married eventually and we want to bring her and her 10 year old son here to settle. I have previously been advised on a Fiance visa and that is certainly one route we are looking at.

However, she has been told that the fiance visa depends on her having lived with me for two years and for my divorce to have been completed 6 months before application (it is currently still going through the courts).

Is it possible for us to apply for a tourist visa for her son longer than the standard 6 month period? (She has sole custody)

She has been told that the fiance visa depends on her having lived with me for two years and for my divorce to have been completed 6 months before application (it is currently still going through the courts).

Just because a tourist visa is 24 months, does that mean she can stay here for the whole period in one go?

Would it be possible/easier to do all the necessary additional visa changes/applications with her here in the UK? Is there any advantage at all?

I know I have asked several questions and I would like to make a contribution to the site - how can I do this>

Stop listening to other people.

There is NO requirement to have lived together for 2 years to apply for a fiance visa. Whoever is telling her this is confusing things completely. The 2 year living together requirement is ONLY for the Unmarried Partner Visa.

She cannot change to ANY visa while in the UK as a tourist. You have been advised of this already.

[atticussmith]

And my divorce status?

[Zerubbabel]

And my divorce status?

Before you get your decree absolute from the court, you are still married.

[atticussmith]

So we can't apply for the visa until the decree absolute????

[CR001]

So we can't apply for the visa until the decree absolute????

You need to declare previous marriages and submit evidence that you are free to marry, ie decree absolute. If your partner gets a fiance visa and is in the UK and your divorce drags, she might not have time to marry and switch visas, and would then have to leave the UK again, meaning you lost your money and have to start again from scratch.

A fiance visa might only work if you are past the Decree Nisi stage and you have evidence of this.

[atticussmith]

Bit of an update:

The original application has now been cancelled and fully refunded.

I have had it confirmed that a Decree Absolute is required prior to any application - any application made before this would stall at the point it was required as evidence and the process cancelled.

The latest estimate for my Absolute is 4 months, so we will not be trying to put an application in before this.

So my question is this:

We would like to be together before the summer (also this will help bolster the evidence that this is a genuine relationship) so will she be able to come here on her existing visitor visa without having any problems with Border Control (as the original application is cancelled) and then return to China before we put the new application in in probably May/June?

Thanks

[Zerubbabel]

Her visa is a still valid isn't it? The fact that she lodged an application then subsequently cancelled is not going to affect her existing visa. So she may come and visit you.

[atticussmith]

Thanks - also, does anyone know if she is able to visit France while on the Spouse visa but before we marry?

[Zerubbabel]

If it's a Schengen visa, yes she can go to France with it.

If it's a UK visa, it's not valid for Schengen countries.