Spouse Visa advice

[shaz123]

Hi,

I'm new to here and hoping to get some help please.

I originally applied for a visa for my wife in June 2015. Early September we got the decision that it was declined. I had 28 days to submit my appeal with all the documents they required, which I did.

We have been waiting since then without a reply. In the mean time my wife decided to take on some studies while she waits. A week a go I decided to email the Immigration office for an update. They told me the ECO manager has until March 7th to provide us with a response.

My problem now is that my wife's studies finish mid-May. Now if they grant the visa for my wife in March how does it work. Does she have to come straight away? Or can she delay and come end of May when she has finished her studies. She can potentially take off 1-2 weeks and come to the UK and go back if that helps.

What will be the best way forward? Any advice will be appreciated.

[DieselD]

Usually a visa allows a person free movement to come and go as much as they like. Why was the first application refused?

[CR001]

Your spouse will be granted a visa in her passport valid for 30 days. She needs to travel within that time and collect her BRP card in the UK at a designated post office within 10 days of arriving.

[shaz123]

Your spouse will be granted a visa in her passport valid for 30 days. She needs to travel within that time and collect her BRP card in the UK at a designated post office within 10 days of arriving.

Is it possible to delay this 30 day visa to a later date?

If not, as I said above, would it be possible for her to come for a 1-2 weeks, collect the BRP card and go back?

Also, when does the actual spouse visa (i.e. 30/33months one) get issued then?

[CR001]

Is it possible to delay this 30 day visa to a later date?

Difficult to say as you are waiting for the outcome of an appeal rather than submitting a new application. When applying you could request a specific date though.

If not, as I said above, would it be possible for her to come for a 1-2 weeks, collect the BRP card and go back?

Yes, this will be fine.

Also, when does the actual spouse visa (i.e. 30/33months one) get issued then?

It will be the BRP card she collects with the full 30/33 month visa duration.

[shaz123]

Thanks for your help.

I know we are waiting for the outcome. But say once they have decided to overturn the decision and give us the visa. Can we not at the time before she submits her passport request the 30 day visa be issued for a later date? Or i've read in places that if you miss the 30 day requirement, you can re-apply for another one but you will have to pay a charge.

[fielddrive]

Is it possible to delay this 30 day visa to a later date?

If not, as I said above, would it be possible for her to come for a 1-2 weeks, collect the BRP card and go back?

Also, when does the actual spouse visa (i.e. 30/33months one) get issued then?

From my own experience:

-Not sure if you can delay the 30 day visa
-If she comes towards the end of thr 30 day period, the BRP should be ready for collection at the designated post office by then (no need to wait 10 days)
-BRP valid from the date of visa valid from +33 mths (or +34 mths from date of decision) and BRP issued a week after visa issued

[shaz123]

So what do you guys think our best option will be?

[fielddrive]

Come pick BRP then go back and not be away from the UK for more than 180 days.

[CR001]

I suggest you firstly wait for the outcome of the appeal. Once you know that and the visa has been issued, then make arrangements from there.

HO can still take a few weeks after appeal decision to issue the visa, it doesn't happen immediately.

[shaz123]

An update on my situation.

The deadline for the clearance officer in the embassy to make a decision has gone and the UK immigration replied to my email stating:

We understand your concerns however this is standard procedure. After the cut off day if the Tribunal has not received any communication from the Embassy or if the Embassy has not changed their original decision then the Tribunal sent the appeal to be listed for hearing.

After waiting all this time is this normal that we don't even get a decision that it got overturned or not? How do I know if they still have issues with my application?

I have a few questions if someone can help please. I would like to get my wife here as soon as possible.

1. I've read that hearings can take a long time. Roughly how long on average will I have to wait? And how soon will they give me a hearing date?
2. Will it be wiser/quicker for me to do a new application?
3. If I do a new application, how does it affect the initial application and hearing? Can they be on going at the same time, or does the new application cancel the hearing.

[shaz123]

Can anyone advise me please?