Visitor Visa while waiting for Spouse Visa Circumstances

[findaway]

Apologies if this has been asked before but I haven't found related threads through searching.

Myself (UK citizen) and my Colombian girlfriend are planning to marry in Colombia in November and then to apply for a spousal visa. For me to meet the financial requirement we would need to wait until the middle of April to show 6 months of bank statements with appropriate earnings going in as I start working in October after studying. This will be well over the current minimum requirement of £18,600.

However, this would mean we won't be able to see each other until I guess June at the earliest if the visa is optimistically approved first time. Would we stand any chance of being eligible for a visitor visa after getting married? Or would immigration judge that she has no reason to leave the UK again after visiting in say January/February? She is employed in an English speaking customer service role in Colombia but doesn't have ties such as a house or children in the country.

We had considered plan B of delaying the wedding and applying for a visitor visa first, stating that we are boyfriend and girlfriend but I'm not sure that would be better or worse.

Thanks in advance!

[metanoia]

It would be wiser to wait and apply for spouse visa when your circumstances allow. Any visitor visa would likely to be refused if your wife to be cant show stronger ties back home and she will have to declare shes married to you if she applies for visitor visa after being married.

[findaway]

Thanks for the reply.

So in other words we would not be able to see each other for at least 6 months?

I have read in other forums that applying for the visitor visa for 'maintenance of relationship' has possibility. I have visited her family twice now. Would any of this weigh in our favour?

E.g. here, however in this case I think Japanese are visa exempt

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[Wanderer]

Thanks for the reply.

So in other words we would not be able to see each other for at least 6 months?

I have read in other forums that applying for the visitor visa for 'maintenance of relationship' has possibility. I have visited her family twice now. Would any of this weigh in our favour?

E.g. here, however in this case I think Japanese are visa exempt

weblink removed by moderator

No, presumption is applicant will attempt to switch on human rights grounds to circumvent the law.

[findaway]

Sorry to switch what..?

[CR001]

Sorry to switch what..?

There has been a history of abuse of the visitor visa in the past with the non-EU spouse applying for a visitor visa and then coming to the UK and attempting to switch to the spouse settlement visa etc.

[findaway]

Sorry, new to this! So is what we are doing judged as wrong/abuse then?

We understand she would need to be back in Colombia to apply for the spouse visa but we cannot do so until the evidence is strong enough for 6 months income, assuming they are currently still asking for 6 months of bank statements at the correct salary.

On the plus side her passport has previous visits to USA on a visa and Schengen countries as well as cruise ship work all accounted for with no overstays or anything like that.

[CR001]

Sorry, new to this! So is what we are doing judged as wrong/abuse then?

No, but to get a visitor visa, she has to provide substantial evidence of strong ties to home country. Difficult to do that when your spouse is in the UK and casts doubt on intent to leave the UK. Also, 6 months visit is not a visit, it is 'residing'.

We understand she would need to be back in Colombia to apply for the spouse visa but we cannot do so until the evidence is strong enough for 6 months income, assuming they are currently still asking for 6 months of bank statements at the correct salary.

Great, but many thought in the past to be clever and abuse the visitor visa system, which has become tougher in the last couple of years. Yes, still 6 months evidence required.

On the plus side her passport has previous visits to USA on a visa and Schengen countries as well as cruise ship work all accounted for with no overstays or anything like that.

So a good travel history, but does she have a travel history to the UK??