"Applying for spouse visa" as reason for return...

[jdilly]

My wife is applying for visitor visa from China. She has no job, no property.

We have had 3 successful applications (whilst she was working) in the past and feel we understand how to apply quite well.

Our hope is her to come here for 1 month, then return to apply for spouse visa.

If I can prove:
- all money for spouse visa all ready (but not hit the 6 months)
- English test done (certificate)
- Marriage (loads of photos, documents etc - easy to prove)
- Substantial evidence of 8 yr relationship
- 3 previous visitor visas success

CAN I use "going back to resident country to apply for spouse visa" as a reason for return to convince the ECO? In the light of no job/property.

Need brutal honesty rather than 'maybes'. Thanks

Further....Would refusal of a visitor visa harm a spouse visa application in any way?

Thank you all.

[Casa]

The intention to settle is highly likely to flag up a reason to refuse the application. However, if you're prepared to risk the application fee it wouldn't affect a later spouse visa application if she is refused as a visitor.

[jdilly]

Really appreciate the response

I neglected to include some further details (since i didn't want too long a post to put people off reading).

She has been asked by a family friend to take his 13 yr old daughter to the UK for a month (just the two of them) to show her life in the UK - perhaps with a view to his kid studying there. He will provide all finances, tickets - everything. Will write letter regarding the situation, as will I, and my wife also. We will frame this in the overall plan for spouse visa upon my wife's return to China.

The stated purpose of this trip will be to show this girl the UK, allow her to partake in (allowable) English study, and have a tour of some cities. Although my wife still has no job, I would think that this purpose and situation of a visit visa would be clear and understandable to an ECO, being backed up further by explicit plans from my wife's side regarding intention of spouse visa application when back in China.

In this light, with this specific purpose and all fully supported (the dad is well-off), what is your take on an application?

Many thanks indeed for your input - its invaluable

[Casa]

Should be fine. Your wife's name will appear on the child's visa but there will be two separate applications. The child will be unable to travel without being accompanied by your wife. In the child's application as with any visitor visa application the ECO must be convinced that the child will return to their home country. Submit an agenda for their time here. IMHO it may be wise not to mention the spouse visa application at this stage, but apply as accompanying a child visitor. Has your relationship been declared in any previous application? I'm not suggesting it should be withheld.

[jdilly]

Yes - the visas we were successful in were 2009, 2012, 2014 - all were very explicit in stating our relationship with lots to evidence for this. We married in March this year, and have a good timeline of moving toward her settling here, working toward this for the past few years (again, can evidence this with income, savings).

The 2012 application was returned with a handwritten note from the ECO saying "thank you for sharing your personal life...I have learned a great deal from you..." - so we have always tried to be 100% transparent and very thorough in showing our timeline and intentions.

We wanted to state this visit primary purpose would be for the child, of course, but that I am also on holiday and can accompany them too.

[Casa]

Yes - the visas we were successful in were 2009, 2012, 2014 - all were very explicit in stating our relationship with lots to evidence for this. We married in March this year, and have a good timeline of moving toward her settling here, working toward this for the past few years (again, can evidence this with income, savings).

The 2012 application was returned with a handwritten note from the ECO saying "thank you for sharing your personal life...I have learned a great deal from you..." - so we have always tried to be 100% transparent and very thorough in showing our timeline and intentions.

We wanted to state this visit primary purpose would be for the child, of course, but that I am also on holiday and can accompany them too.

All looks promising and very wise to have been open about your relationship. I would focus on the child's visit with no need to mention that your wife intends to settle later. It's not relevant to this application and may flag up concern with an over-cautious ECO.