Visit visa for wife

[CJS92]

Due to the current circumstances, my Kazakh wife and I have been forced to live separately while I began searching for work here in the UK. Previously we had lived together in China for six years. I am working currently, and while we wait for enough time to have passed to satisfy the criteria for a spouse visa, we would very much like to apply for a Visit visa for her so that she can come and stay with me for a few months.

• She already has three previous visit visas to the UK, and an established record of compliance with the terms of her visas.

I have been advised externally that she could be unlikely to receive a visit visa this time around for the simple reason that she is my wife, and I'm currently living in the UK as opposed to in China. Therefore, Home Office might be concerned that she would be using the visa to come and live with me permanently.

To prevent this, how can we demonstrate that she would genuinely be coming for a visit until such time as she can go back to Kazakhstan to apply for a spouse visa? Also, does the fact that she has a previous record of compliance help her case at all?

[secret.simon]

You have answered your own question.

An ECO will see the application of a wife with a husband in the UK and who plans to move to the UK eventually anyway as a means of bypassing the Immigration Rules. It will almost certainly end up in a refusal.

A history of compliance with previous visit visas definitely helps, but one key factor is whether she was travelling with you at the time (i.e. did she travel with you to meet family and then return with you to China)? In that case, that argument will not apply as you are now settled/resident in the UK.

Perhaps the way to meet regularly would be to meet in places outside the UK on a regular basis. I understand that Kazakh citizens have visa free access to Turkey and can reside there for extended periods of time as Kazakhstan is also a member of the Turkic Council(I could be wrong on the extended residency aspect). Perhaps you can meet her there or in (Northern) Cyprus regularly.

[CJS92]

You have answered your own question.

An ECO will see the application of a wife with a husband in the UK and who plans to move to the UK eventually anyway as a means of bypassing the Immigration Rules. It will almost certainly end up in a refusal.

A history of compliance with previous visit visas definitely helps, but one key factor is whether she was travelling with you at the time (i.e. did she travel with you to meet family and then return with you to China)? In that case, that argument will not apply as you are now settled/resident in the UK.

Yes, on those previous occasions we had been travelling together - except for the most recent visa. For that one, we travelled to the UK together from China, but at the end of her visa I stayed and she left.

If she were to be refused, would this have a negative impact on her eventual spouse visa application? (she will be eligible after October of this year).