Blacklisting for Tourist/visitor visa after student visa?

[kiisudankan]

My wife had a student visa (pre Tier system) for 5 or so years which, since she is no longer a student has expired. She has returned home but hopes to come back to the UK soon. However, as we plan on emigration in the next 6months it seems madness to pay for the spouse visa, along with the English test costs so I was wondering if she could come back on a tourist visa.

However, we have read that people who had student visas who return with tourist visas are likely to be refused entry on the grounds that the UKBA doesn't believe they are a tourist (since they've lived here for a number of years). Does anyone have any experience of this and how long does this unofficial blacklisting last?

I also considered a Family visitor visa but was told by the UKBA that this was not suitable (which makes me wonder what it is actually for). But its hard to trust anything the UKBA says, as every time I speak to someone at the call centre they tell me different (and contradictory) things. Who is that visa actually for?

K

[vinny]

If her intention is to settle with you in the UK, then a visitor visa would be inappropriate as visitors may not switch.

[kiisudankan]

We're not looking to settle just a way to stay in the UK ~6months while we prepare to emigrate.

[vinny]

Can she show strong ties to outside the UK?
Did she overstay over 28 days before leaving the UK?

[kiisudankan]

Can she show strong ties to outside the UK?

She has bank accounts in her home country. She's staying with her parents so she doesn't have accommodation in her name and no utility bills or anything.
She is not working at present. Her family and friends are there but obviously I (her husband) am in the UK. I don't know if this would cut it with the UKBA.

Did she overstay before leaving the UK?

She left before her student visa expired but her course had ended earlier so in theory, yes she overstayed, but in practice no one actually knows that.