Five year visit visa - will it be cancelled?

jlolololo · Post by **jlolololo** » Fri Jul 01, 2011 3:13 pm

My husband applied for and was granted a five year visit visa a few months ago. It is due to expire in 2016.

Since applying for the visa our plans have changed. We now wish to travel to the UK in Sep/Oct and live there. He needs therefore to apply for a settlement visa.

Will his visit visa be cancelled if he applies for and is granted a settlement visa?

Do I need to enter the UK with him the first time he enters on his settlement visa?

The reason I ask is because he has plans to travel to the UK on a holiday with a family member before we move to settle there permanently. These plans will have to be cancelled if his visit visa is no longer valid.

Anyway to get a refund for the five year visit visa? It was quite pricey!

Post by **geriatrix** » Fri Jul 01, 2011 3:51 pm

jlolololo wrote:Will his visit visa be cancelled if he applies for and is granted a settlement visa?

Yes, if the application is approved.

jlolololo wrote:Anyway to get a refund for the five year visit visa? It was quite pricey!

No. That you are now applying for settlement visa is a choice you are making.

Post by **vinny** » Fri Jul 01, 2011 9:46 pm

How long have you been married and living outside the UK with him?
If for at least 4 years, then see also 4+yrs married & living overseas - ILE and KOL

Post by **geriatrix** » Fri Jul 01, 2011 10:26 pm

jlolololo wrote:My husband is a non EEA national, and I am a joint UK/Irish national. We have been married for almost three years

jlolololo · Post by **jlolololo** » Sat Jul 02, 2011 5:46 pm

Thanks guys.

Do I need to enter the UK at the same time as him the first time he travels there with the settlement visa?

I ask because he is planning to study, and his course starts before I am due to finish my work contract. If needs be I can take leave to accompany him, but it would be awkward and I would prefer to avoid this if possible.

Post by **Casa** » Sat Jul 02, 2011 7:07 pm

You need to either enter with him or be in the UK when he arrives. How long before his arrival date and the end of your work contract?

jlolololo · Post by **jlolololo** » Sun Jul 03, 2011 3:32 pm

My work contract is up at the end of October. His course starts at the end of September.

If we got the visa in time, we could travel together at the end of August (public holidays so no work), but then I'd leave him in the UK until the end of October when I would travel to settle there - is that permitted under the terms of the visa?

Our alternative is to apply for a student visa so that he can enter alone. If he applies for a student visa (sorry, I know this is the wrong forum ...) will his five year visit visa be cancelled?

Post by **Casa** » Sun Jul 03, 2011 4:36 pm

Once the student visa application was granted, the visitor visa would no longer be valid, as with the spouse visa.
If you don't intend to settle in the UK until 2 months later than your husband, you may have a problem if the ECO spots this. You will need to submit evidence later on when your husband applies for ILR that you were living together at that address for the full 2 years. You may be able to register your name jointly for bills, council tax etc from day one, but technically you would still be resident and working outside of the UK for what appears to be the first 2 months of your husband's visa.
This will be evident from the arrival and exit stamps in your passport.
Do you have accommodation arranged for you both on your arrival in the UK?

jlolololo · Post by **jlolololo** » Sun Jul 03, 2011 5:13 pm

Yes, we are joint owners of a two bedroom property in the UK which we intend to occupy.

Do you mean stamps on my passport from the country where I'm working now? I enter and exit this country using my Irish passport (I'm a dual citizen).

Do the two years have to begin from the date my husband enters the UK? In theory, could we apply two years from the date we are living together permanently, ie in November 2013? Or will they consider our initial application fraudulent? Is there any way I can be considered resident, yet working abroad for the six weeks we're not together?

Just to make things clear, neither of us want to make any fraudulent applications or do anything which might jeopardise our rights to visit and/or settle in the UK, if there is no way around these issues then I will resign and settle with my husband in September.

Many thanks for your help.

Post by **Casa** » Sun Jul 03, 2011 5:24 pm

I may be overcautious. It may be worth seeking professional advice.

jlolololo · Post by **jlolololo** » Sun Jul 03, 2011 5:33 pm

ok, thank you

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Five year visit visa - will it be cancelled?

Five year visit visa - will it be cancelled?

Re: Five year visit visa - will it be cancelled?