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Need help regarding UK visitor visa

General UK immigration & work permits; don't post job search or family related topics!

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Bmo
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Posts: 4
Joined: Wed Dec 25, 2019 11:34 pm
Nigeria

Need help regarding UK visitor visa

Post by Bmo » Sat Aug 29, 2020 10:41 pm

Hello,
I'm in a bit of a dilemma. So I applied for visit Visa in October and I was granted. I was able to visit the UK twice with my six month visa. I did not over stay my Visa.
The problem now is I applied as a single person whereas I was married in July. My husband is based on the UK. He has got a settled status but he's non EU. I did this because I was scared of a third refusal. My previous refusals occured a couple of years ago.
Yes, I have seen a lawyer who has advised me to apply for another short term visa, this time as a married woman with the intention of coming to visit my husband. We wanted to go for a spouse visa but the lawyer advised against it stating that I can apply for a spouse visa six months after this short term visa..if I'm granted.
Will the entry clearance officer refer to my previous applications in order to make a decision non this fresh one I'm about to make. Let me mention that I applied with the passport that bore my maiden surname. I have since changed my passport to my husband's surname. This is now my current passport.
I will have to declare that I have been to the UK in the past ten years. I also ignorantly applied for an EU family permit recently but was refused on the grounds that I was ineligible to apply because my husband is non EU. So, that's my dilemma. Any hope I would be granted in the light of all this? Sorry for the long write up and thank you in anticipation for your response

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Need help regarding UK visitor visa

Post by secret.simon » Sat Aug 29, 2020 11:09 pm

Please do not post your queries in other people's threads. Please keep to this thread for your queries regarding visit visas.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
Moderator
Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Need help regarding UK visitor visa

Post by secret.simon » Sat Aug 29, 2020 11:14 pm

Bmo wrote:
Sat Aug 29, 2020 10:41 pm
So I applied for visit Visa in October and I was granted. I was able to visit the UK twice with my six month visa. I did not over stay my Visa.
October 2019 or some other year?
Bmo wrote:
Sat Aug 29, 2020 10:41 pm
the lawyer advised against it stating that I can apply for a spouse visa six months after this short term visa
Not sure what your lawyer is trying to achieve, but you can't switch to a spouse visa after entering the UK on a visit visa, if that is his/your plan. You will need to leave the UK and apply for the spouse visa from outside the UK.
Bmo wrote:
Sat Aug 29, 2020 10:41 pm
Will the entry clearance officer refer to my previous applications in order to make a decision non this fresh one I'm about to make.
The ECO will certainly have a look at all your former applications. So keep all the information in them consistent.
Bmo wrote:
Sat Aug 29, 2020 10:41 pm
I also ignorantly applied for an EU family permit recently but was refused on the grounds that I was ineligible to apply because my husband is non EU.
The fact that you applied for a Family Permit would suggest to the ECO that you have stronger links to the UK than to your country of habitual residence and is more likely to lead to a refusal.

In your case, I would suggest that it would be more straightforward to apply for a spouse visa directly if your husband meets the financial and other requirements.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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