my wife coming to visit during visa application

[Mr&MrsMatthews]

hi all so basically my wife left the UK on the 9th February after spending 6 months here i started my new job on the 10th of February meeting the minimum financial requirement. so with this our visa application is in the process but we cant apply till the end of July. we are wondering with the application going on what is the likely hood of her being denied entry if she was to try and visit in June, she would have been out of the country for 4 months? our argument being . ok shes not been out of the country the amount of time she was here (which they recommend on the ukba website) but we are currently waiting to apply for our visa due to me not having worked for 6 months, she want to visit for a week or two. we dont want to risk our application by my wife being denied entry but we also are desperate to see each other i cant get time of to go see her . anyway we would appreciate and help/advise thank you

[Lucapooka]

so with this our visa application is in the process

I think that this statement and the title of your thread is confusing readers. You have not made a settlement application and nothing is under process. As such your wife can apply as a visitor because there is no conflict with an existing application. Whether she is granted a visit visa will be an arbitrary decision based on her circumstances.

I think if she were to declare or let it be known that she is only visiting (in lieu of a settlement application) because her sponsor does not qualify for settlement, rather than because she has strong ties to her homeland that are currently preventing settlement, she would not be granted a visa.

[Mr&MrsMatthews]

Hi Lucapooka thanks for replying

we are not eligible for a settlement visa for 5 years after the family visa has been granted. the family visa is what we will be applying for come my 6 months of meeting the financial requirement around July.

can you clarify my wife will not be able to visit during the 6 months of us waiting till we can apply for a family visa in July?

she left the country on the 9th February after being here for 6 months and wants to return to visit for a few weeks after spending only 4 months out of the country?

this is what our argument would be : that my wife is visiting because 6+ months is a long time for a married couple to be apart. because i have a career and i need to work for us to apply i cant get time of to go and visit my wife. as far as ties at home go she has lived with her parents since she has graduated from collage due to student loan debt. and because she has a career in health care 6 months at home is not long enough to offer any practice, there for the only work that she has is perdeum/temporary sub work with no commitment. so there for it could be argued that she doesn't have strong ties anyway.also in preparation of immigrating one would be starting to cut there ties anyway?? places in the US dont really lease for less then 12 months so she wouldn't be able to get a place. so she doesn't have property ties or work ties to the US.

based on those factors would we have a good enough argument? if not how would a denied entry affect our application in July?

many thanks

[Lucapooka]

can you clarify my wife will not be able to visit during the 6 months of us waiting till we can apply for a family visa in July?

I did not suggest that. I suggested that she could be granted leave to enter as a visitor if her ties to her home, and motivation to leave after the visit, could be evidenced. However, it seems she would be visiting because she does not qualify for settlement now rather than because she does not desire settlement now. If the visit visa were granted on that basis but, at some point during the next six months your plans were derailed, she may not leave the UK. That is the immigration risk for the ECO to consider and, frankly, is a difficult hurdle that you have to get around with a very well-presented application.