Visitor Visa First, Spouse Visa Second

Old Sep 28th 2017, 12:18 pm
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Default Visitor Visa First, Spouse Visa Second

Hi.

So I'm planning to help my Chinese wife apply for a spouse visa to the U.K sometime next year, but due to the fact that I need to be earning £18,600 a year in order to do that, I'm going to have to return to the U.K and find work (I have already booked a flight home for November 21st). But as you can imagine I don't want to leave my wife, so my plan is to return first, find work and then invite her over on a visitor visa for six months and then by the end of the six months she can return to China and apply for a spouse visa. But before I go through with this plan I would like to lay out our situation for you guys and you can let me know whether or not you think it'll work out:

My wife is twenty-three, she's working a job with a pretty average Chinese salary of about £300 a month, and by the time she applies she'll have been doing the job for about three-four months. My father has around £20,000 in his savings and he will be sponsoring her trip and providing accommodation.

My two main concerns are that I will have barely started working once we apply and that we'll have little evidence proving that she's going to return to China. I can get her company to write a letter saying that she's allowed to continue her job when she returns, I can get her a return flight back to China, I can make it clear that she needs to return in order to apply for a spouse visa, but will this be enough?

So, how likely is it that this plan will work out? Let me know what you think.

Thanks for your time.

Matt
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Old Sep 28th 2017, 1:30 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Don't think you have any problem as long as you show that you can support her during her time in England and that she has a job to go back to in China.
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Old Sep 28th 2017, 1:37 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Inselaffen View Post
Don't think you have any problem as long as you show that you can support her during her time in England and that she has a job to go back to in China.
Thanks for responding. I hope you're right
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Old Sep 28th 2017, 2:04 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Mattjspencer View Post
Thanks for responding. I hope you're right
others may be able to advise better but it may be a good idea not to mention that you will be staying on to work.
I would think the visa would be easier to obtain if you present it as an extended holiday.
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Old Sep 28th 2017, 2:47 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Inselaffen View Post
others may be able to advise better but it may be a good idea not to mention that you will be staying on to work.
I would think the visa would be easier to obtain if you present it as an extended holiday.
Okay, though I thought that'd be a good way to let them know that she'll return to China to apply for a spouse visa. Considering that I don't have the savings, no work would mean no spouse visa, right?
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Old Sep 28th 2017, 5:00 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Inselaffen View Post
others may be able to advise better but it may be a good idea not to mention that you will be staying on to work.
I would think the visa would be easier to obtain if you present it as an extended holiday.
A British citizen and his Chinese wife entering the UK will be questioned as to the purpose of their visit and they must answer truthfully.

OP, unfortunately no one can guarantee that your wife will be admitted to the UK on presentation at airport immigration, but you have a good understanding of the requirements and all the proof you mention that your wife will return to China is good. All you can do is present the evidence she has, plenty of people have successfully been granted entry in similar circumstances, although sadly some have been refused. Best of luck to you both.
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Old Sep 28th 2017, 5:01 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Mattjspencer View Post
Hi.

So I'm planning to help my Chinese wife apply for a spouse visa to the U.K sometime next year, but due to the fact that I need to be earning £18,600 a year in order to do that, I'm going to have to return to the U.K and find work (I have already booked a flight home for November 21st). But as you can imagine I don't want to leave my wife, so my plan is to return first, find work and then invite her over on a visitor visa for six months and then by the end of the six months she can return to China and apply for a spouse visa. But before I go through with this plan I would like to lay out our situation for you guys and you can let me know whether or not you think it'll work out:

My wife is twenty-three, she's working a job with a pretty average Chinese salary of about £300 a month, and by the time she applies she'll have been doing the job for about three-four months. My father has around £20,000 in his savings and he will be sponsoring her trip and providing accommodation.

My two main concerns are that I will have barely started working once we apply and that we'll have little evidence proving that she's going to return to China. I can get her company to write a letter saying that she's allowed to continue her job when she returns, I can get her a return flight back to China, I can make it clear that she needs to return in order to apply for a spouse visa, but will this be enough?

So, how likely is it that this plan will work out? Let me know what you think.

Thanks for your time.

Matt
I certainly would not risk this.
I've read on here from our daily regulars, very reliably, that if you initiate a move to the UK and then your Spouse comes over on a tourist visa, and later followed by a Spouse visa application, it will be rejected. Why? UKVI will consider that there was already intention to move to the UK. Sounds messy, I know.

I'm afraid I would just make sure you're patient and if you want to see each other, then you go to China on visits. Air tickets are roughly half the price if originating from the UK anyway, so it's a win/win.
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Old Sep 28th 2017, 5:15 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by MonsterP View Post
I certainly would not risk this.
I've read on here from our daily regulars, very reliably, that if you initiate a move to the UK and then your Spouse comes over on a tourist visa, and later followed by a Spouse visa application, it will be rejected. Why? UKVI will consider that there was already intention to move to the UK. Sounds messy, I know.

I'm afraid I would just make sure you're patient and if you want to see each other, then you go to China on visits. Air tickets are roughly half the price if originating from the UK anyway, so it's a win/win.
If a spouse has previously entered the UK as a visitor and not violated any conditions of their visa, there will be no impact on a subsequent application for a spouse visa.
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Old Sep 28th 2017, 11:32 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by MonsterP View Post
I certainly would not risk this.
I've read on here from our daily regulars, very reliably, that if you initiate a move to the UK and then your Spouse comes over on a tourist visa, and later followed by a Spouse visa application, it will be rejected. Why? UKVI will consider that there was already intention to move to the UK. Sounds messy, I know.

I'm afraid I would just make sure you're patient and if you want to see each other, then you go to China on visits. Air tickets are roughly half the price if originating from the UK anyway, so it's a win/win.
Thanks for taking the time to answer. What do you think of 'spouse of scouse's' response?
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Old Sep 28th 2017, 11:34 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by spouse of scouse View Post
A British citizen and his Chinese wife entering the UK will be questioned as to the purpose of their visit and they must answer truthfully.

OP, unfortunately no one can guarantee that your wife will be admitted to the UK on presentation at airport immigration, but you have a good understanding of the requirements and all the proof you mention that your wife will return to China is good. All you can do is present the evidence she has, plenty of people have successfully been granted entry in similar circumstances, although sadly some have been refused. Best of luck to you both.
Thanks
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Old Sep 28th 2017, 11:49 pm
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by Mattjspencer View Post
Thanks for taking the time to answer. What do you think of 'spouse of scouse's' response?
Oh, she's certainly right in her statement, and a very valuable daily contributor to the forum. Helped me out a number of times.

I'm certain that I've read here that, somehow, it can jeopardise the later spouse application if a Non-EEA spouse takes a tourist visit after the UK spouse has already relocated back. Quite relieved that my wife hasn't been over here for a trip since then, only me going there. Unfortunately, I can't specify the thread right now, or remember which one of our nice regulars mentioned it.

Anyway, just my input from a similar experience to you, also returning from China. Our transition has been over a year and a half since I first moved back here, finding a house, renovate, then do all the visa paperwork. So we're just waiting now, life is on pause. Currently day 72 since submitting biometrics. You have to judge how you can handle it, but certainly, as a positive, you'll be a lot cheaper flying UK-China-UK vs China-UK-China (same airline, same seats, same aircraft, dates, times). All the best.
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Old Sep 29th 2017, 2:59 am
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Default Re: Visitor Visa First, Spouse Visa Second

Originally Posted by MonsterP View Post
Oh, she's certainly right in her statement, and a very valuable daily contributor to the forum. Helped me out a number of times.

I'm certain that I've read here that, somehow, it can jeopardise the later spouse application if a Non-EEA spouse takes a tourist visit after the UK spouse has already relocated back. Quite relieved that my wife hasn't been over here for a trip since then, only me going there. Unfortunately, I can't specify the thread right now, or remember which one of our nice regulars mentioned it.

Anyway, just my input from a similar experience to you, also returning from China. Our transition has been over a year and a half since I first moved back here, finding a house, renovate, then do all the visa paperwork. So we're just waiting now, life is on pause. Currently day 72 since submitting biometrics. You have to judge how you can handle it, but certainly, as a positive, you'll be a lot cheaper flying UK-China-UK vs China-UK-China (same airline, same seats, same aircraft, dates, times). All the best.
Okay thanks again for the response. I'll certainly keep this in mind.
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