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Tourist visa for my non EEA spouse to visit - potential problem?

Tourist visa for my non EEA spouse to visit - potential problem?

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Old Mar 10th 2016, 9:07 am
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Default Tourist visa for my non EEA spouse to visit - potential problem?

Hi,

A bit of background first:

My fiance (Indonesian) and I (British) are planning to go down the settlement visa route using a fiance visa.
We have been living together in China but I can't make the required money in my job in China.
I am moving back to the UK before my fiance as I have a job offer for over £18600. We will most likely be apart for 6,7,8,9 + months whilst I get the financial requirement sorted and we then apply for the fiance visa.

So my question is:

We would like my fiance to visit me on a tourist visa during this time, for about 3 weeks, but I am concerned that the ECO will consider there to be a risk my fiance will over stay.

We can get a letter from his employer stating when he will start back at work in China.
However, he is an expat working in China. His family live in Indonesia and I, his fiance, will be living in the UK. So he doesn't have strong ties to China.

Would it be possible to use our future fiance visa application as proof he will leave the country?
If we say that he would never overstay as it would jeopardise our fiance application and we want to live in the UK legitimately would that be considered proof?

I'd really appreciate any advice.

Thank you (:
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Old Mar 11th 2016, 8:14 am
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Default Re: Tourist visa for my non EEA spouse to visit - potential problem?

This is always a tricky and depends to a large extent on the ECO processing the application. A three week visit would certainly be better than a longer one as long as your fiancé does not extend the visit beyond the time stated on the visa application. Also as much information as possible regarding his ties to his job. Will he be financing the visit himself? If so, he should provide evidence of his financial status. If you are financing the trip, then your evidence would be required. I would certainly include the fact that you are intending to apply for a fiance visa in the near future. Let's see what others advise!
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Old Mar 12th 2016, 11:49 am
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Default Re: Tourist visa for my non EEA spouse to visit - potential problem?

Hi michali.

Thanks so much for your advice (:
It seems quite positive. It would definitely only be for 3 weeks and he would be financing himself which he has the money to do.

Just a little worried but we'll see how it goes.
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Old Mar 15th 2016, 2:59 pm
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Default Re: Tourist visa for my non EEA spouse to visit - potential problem?

Originally Posted by michali
This is always a tricky and depends to a large extent on the ECO processing the application. A three week visit would certainly be better than a longer one as long as your fiancé does not extend the visit beyond the time stated on the visa application. Also as much information as possible regarding his ties to his job. Will he be financing the visit himself? If so, he should provide evidence of his financial status. If you are financing the trip, then your evidence would be required. I would certainly include the fact that you are intending to apply for a fiance visa in the near future. Let's see what others advise!
This is something I was wondering. If you state your stay will be say 2 weeks and they give you a 6 month visa, do you not have the right to extend your trip after the 2 weeks, up to the 6 months if you want? People's plans can change easily. Surely they wouldn't issue a 6 monther if they weren't allowing this leeway.
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Old Mar 15th 2016, 7:37 pm
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Default Re: Tourist visa for my non EEA spouse to visit - potential problem?

Originally Posted by rickster000
This is something I was wondering. If you state your stay will be say 2 weeks and they give you a 6 month visa, do you not have the right to extend your trip after the 2 weeks, up to the 6 months if you want? People's plans can change easily. Surely they wouldn't issue a 6 monther if they weren't allowing this leeway.
If you get a six month visitor visa then you can stay up to six months. The Immigration Officer at the border may reduce this however or refuse you entry altogether although that's unlikely unless there are serious concerns.
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