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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Can an existing 2.5 year,max. 6 months, unlimited no. of entries,

Resolved Question:

Can an existing 2.5 year,max. 6 months, unlimited no. of entries, Family Visit Visa be extended from here in the UK ? It expires on 28th. May.

(My wife is currently "on hold" in China, because I dont earn 18,600 pa.She is getting desperately unhappy, having waited 7 months already, so just want to withdraw her spouse visa application, and get back home with me.I know the outcome of the Court of Appeal is due soon, but she is worried about not getting back to the uk......
Appreciate any advice please,

Best Regards, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you please confirm the following:

Is your wife currently i china?
Where are you currently residing?
Could you please explain what you mean by 'get back home with me'?

Kind regards
Customer: replied 3 years ago.

Yes, my wife is in China. She HAD to return to apply for her spouses visa.


I am British, residing here in my own home in Somerset.


.


Get back to UK to live with me .

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The home office will not extend a family visitor visa from inside the UK. The only time when such a visa will be extended is if the applicant has a medical emergency and can not travel or if she is pregnant and is unable to travel. You can try and apply for a visit visa to be extended but most likely it will be refused unless there are compelling reason for the home office to extend the visa. The visa will not be extended simply because you and your partner do not wish to life apart, the home office in more than likely to state that she should return to China and be issued with the spouse visa and return to the UK.

Although i sympathise with you having to live apart, I would suggest that if she does wish to submit another application and withdraw her current application, then she should arrived to the UK get a solicitor from the UK to prepare the application to ensure that all the documents are included and the requirements are met and then simply return home and submit the application. This is the quickest way for her to return to the UK on a spouse visa. Provided all the documents are correct a visa should be issued in around 6 - 8 weeks.

I hope this answers your question. If you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

OK, Understood she cannot apply for extension from within the uk to her existing family visit visa.
Is there another, DIFFERENT visa she CAN apply for from within the UK??

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Unfortunately, not the reason is that the home office do not allow a visitor to switch to another visa category. She arrived to the UK on a visit visa and the home office would state that she should return after her visit and not stay in the UK. The purpose of trip was to visit you and she needs to adhere to the visa condition.

I would not suggest that she tries and applies to switch to another visa category from inside the UK as this could be used against her when she applies for a spouse visa to the UK. She could visit the UK and return.

I hope this answers your question,

Kind regards
Customer: replied 3 years ago.


Wow, Seems like all avenues are closed for us to be together soon unless her Spouse visa is granted.Do you have any "insider info." as to when The decision by the Judges of the Court of Appeal may be determined ?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

There has been no exact time set, the judges stated that they envisage to revert back with a determination soon, but as you can appreciate because it is the court of appeal the decisions take a lot longer to be released.

I was hoping that the decision would have been released this month but it does not seem to be the case. I would be very surprised if we did not have a decision by next month.

I hope this answers your question,

Kind regards
Customer: replied 3 years ago.


Your answers are really helping my wife and I.Thankyou. I would imagine some sort of determination MUST be made in respect of the 3000 families on hold up until Dec. 2013.Surely they (HO) wont make all wait for a Supreme Court hearing, ?? What are your views please.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. Its a pleasure.

In respect of the Supreme Court, the decision which is delivered by the Court of Appeal will be implemented, until such a time where either party wish to appeal to the Supreme Court.

The appeal process can take time, so I would assume that all the back log will be cleared by the time permission to appeal is given. I believe that as soon as a decision is made by the Court of Appeal all the cases will be processed in accordance to that ruling.

I hope this answers your question.

Kind regards
Customer: replied 3 years ago.

Thanks for the clarification.............very helpful...........so the findings of the CoA WILL be implemented, irrespective of any future Supreme Court Appeal?


 


FINALLY! IF my wifes spouse visa is rejected (rather than "on hold") can she re-apply for a family visit visa, just so she can come home(to uk)


 


Many thanks , really appreciate your advice


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes the court of appeal's ruling will be implemented, pending any appeal.

In respect of your spouse. yes she can apply for a visit visa, but because of the fact that she has just applied for a spouse visa the home office may not be very accepting of the fact that she will leave after the expiry of the visa, simply because she has just applied to settle in the UK.

The immigration officers are very strick in granted a visit visa's to an applicant who is a British Spouse simple because they feel that the applicant's intention are to settle and just wish to facilitate their entry by applying for a visit visa ( Not saying this is true for everyone but the this is what the home office will look at).

I would suggest that she if she applies for a visit visa she would need to write a detailed covering letter why she no longer wishes to settle in the UK and only wants to visit. I would recommend that she should simply apply for another spouse visa.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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