Implications of Refused Spousal Visa

Not to be the pessimist to end all pessimists but my wife and I currently have a Spousal Visa application being processed in Sheffield (as of May 8th), and we were considering contingency plans if we are not successful (even though we feel that that is unlikely, fingers crossed!).

I understand that subsequent settlement applications take longer to process as the case workers have to scrutinise your record, explore the reasons for previous refusal and if they have been suitably rectified in the new application.

As the timescales for priority are up to 6 weeks plus, my wife and I were considering delaying our next application until such time the wait has reduced. In the meantime, and as my wife has more than 2 months left that she can spend in the UK of her 6 allowable months (she is a US national), we would like to stay together in Scotland until the delay had passed rather than be apart.

Heavens forbid our settlement application is refused and my wife receives her passport back without the clearance, is she able to come to the UK without any additional hurdles to jump over?

If there are any, we would be looking to have everything resolved by the start of July for her to come over, how feasible would this be?

Any help on this would be greatly appreciated.

What visa is she on now? Is she on a visitor visa?

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I think I read what you said wrong as you mentioned having 2 months left. I thought you were saying she is in the UK now and has 2 months before she needs to leave the UK.

Disregard my previous question.

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There is no official '6 months in 12 months' rule for visitors. Each time she enters the UK as a visitor she can be granted up to 6 months.

 So just because she has already spent 4 months here, it doesn't necessarily mean she only has 2 months left... she might be let in for another 6 months next time, or she might be only let in for a couple of weeks.

However, if the spousal visa is refused, it is strongly advised that she applies for a visitor visa in advance before travelling to the UK again. Some people have been okay entering without one, but there is always the risk that she might be refused entry... especially if she has just been refused a visa to move to the U.K. permanently and is now claiming to be only a visitor with no intention of living in the U.K., and who has a home, job and a life to return to in the US.

Hopefully you won't need to use the contingency plan but yes, she could potentially visit over the summer.

Not more than 6 months in 12 is a rule of thumb rather than anything hard and fast and each entry to the UK as a visitor comes with it's own, usually 6 months but could be less, allowance.

In that case your wife would need to show very strong intention to return to the US which can be hard in that situation because you have just said you want to live in the UK.
It can be done though, some of our members have been in that situation.

Probably the best thing to do though would be to apply for a visit visa in advance.

I'm curious why you wouldn't just reapply for a spousal visa right away? Yes, it would be a long wait for summer rush, but it would be just as long of a wait to apply a few months later. Or is the hope that she could come for a short visit if she can't move permanently?

We currently have several members waiting on a second application after being refused. Guess it just depends on how long you're willing to wait.

I'm curious why you wouldn't just reapply for a spousal visa right away? Yes, it would be a long wait for summer rush, but it would be just as long of a wait to apply a few months later. Or is the hope that she could come for a short visit if she can't move permanently?

We currently have several members waiting on a second application after being refused. Guess it just depends on how long you're willing to wait.

The wait times generally settle back down again in the fall although it happened a lot later last year than usual.
Our re-do's were applying at a time when wait times were lengthening but I don't believe that many of them knew that this was the case.

And sometimes people just need to take a break from visas  and to be together. 

My husband and I had a refused original visa back in 2013. It was heart breaking. I didn't go into work that day.

Spent my morning talking to my husband after he got home from work.

I spent 5 weeks visiting the UK 1 month after my refusal. No visitor visa. I did go armed with a letter from my job saying I was on a leave of absence, bank statements showing I had money, letter of invitation from my husband, and a need to collect more paperwork as we had applied to soon after his raise to be approved. We needed to wait 3 months. I had to go home to apply.

I didn't think there was time to apply for a visitor visa as I wanted to see him ASAP. So I went, and was allowed in with a full 6 month stamp. I did get in a discussion with the IO about the real name of the fiance visa (marriage visa for settlement). But no real issues. I was really nervous.

Very helpful as ever, thank you so much. Very good to know about the length of stay rules also - we might even try to spend a bit longer together if we can depending on the maximum length of stay that gets granted.

I think to play it safe we will look into a visitor visa and what that involves from her end. As I have Indian nationality, I had to apply for one to visit the US which took about 3 weeks total from start to finish, and honestly wasn't too much of a headache (apart from flying to Belfast from Edinburgh and staying in a hotel for a single night).

And AV, the reason being is we don't want to stomach the idea of being apart any longer than we should. Even if it likely isn't the most practical or efficient way to do it, we'd rather take the opportunity to share living space again, especially as we had foolishly high hopes of being together by this week when we first sent off the application, so this has already been very taxing on us.

Interesting how it may be possible to get by without one, although risky by the sounds of it, and it would be unbearable if she were turned away at immigration. And I take it being completely honest and simply stating that she wants to spend more time together with me before she goes back to apply for another one won't necessarily result in success anyway.

I will investigate the times taken for approval right away. Thank you all again so much.

I told the guy I spoke with that I was there to see my fiance and that I had a denied visa. The reason for visiting was to spend time with him as I hadn't seen him in 6 months. We were also going to use the time for me to collect some of the paperwork I needed for the next application and I had to go home to make that application.

I knew the IO could say no, but they can always say no without a pre-applied for visa. 🙃

No matter what Category you're applying with, you'll need updated paperwork. 😊

Very helpful as ever, thank you so much. Very good to know about the length of stay rules also - we might even try to spend a bit longer together if we can depending on the maximum length of stay that gets granted.

I think to play it safe we will look into a visitor visa and what that involves from her end. As I have Indian nationality, I had to apply for one to visit the US which took about 3 weeks total from start to finish, and honestly wasn't too much of a headache (apart from flying to Belfast from Edinburgh and staying in a hotel for a single night).

And AV, the reason being is we don't want to stomach the idea of being apart any longer than we should. Even if it likely isn't the most practical or efficient way to do it, we'd rather take the opportunity to share living space again, especially as we had foolishly high hopes of being together by this week when we first sent off the application, so this has already been very taxing on us.

Interesting how it may be possible to get by without one, although risky by the sounds of it, and it would be unbearable if she were turned away at immigration. And I take it being completely honest and simply stating that she wants to spend more time together with me before she goes back to apply for another one won't necessarily result in success anyway.

I will investigate the times taken for approval right away. Thank you all again so much.

Hopefully the spouse visa will come through and this topic will be redundant but at least researching the visitor visa will help you to pass the time! 

Best not to compare your US experience though, the two systems are quite different.

I told the guy I spoke with that I was there to see my fiance and that I had a denied visa. The reason for visiting was to spend time with him as I hadn't seen him in 6 months. We were also going to use the time for me to collect some of the paperwork I needed for the next application and I had to go home to make that application.

I knew the IO could say no, but they can always say no without a pre-applied for visa. 🙃

No matter what Category you're applying with, you'll need updated paperwork. 😊

This is very true and I hadn't thought of it, as quite some time will have passed prior to any decision being made and I would need to provide copies of my latest bank and work information, so this would be a good reason to cite on top of genuinely wanting to be together again after so many weeks.

Hopefully the spouse visa will come through and this topic will be redundant but at least researching the visitor visa will help you to pass the time! 

Best not to compare your US experience though, the two systems are quite different.

Yes that would be the ideal, I'm hoping everything works out first time without any hiccups. And very true, I checked the specific times and what would be required, and true enough I didn't have to ship my passport to the US to get my visit visa, but my wife will need to ship hers to Sheffield.

Timing wise it's stated as 10 days for all visit visas being processed, but I have this inexplicable "once bitten, twice shy" feeling coming over me... I think it might just take longer than that. Just a hunch.

This is very true and I hadn't thought of it, as quite some time will have passed prior to any decision being made and I would need to provide copies of my latest bank and work information, so this would be a good reason to cite on top of genuinely wanting to be together again after so many weeks.

Yes that would be the ideal, I'm hoping everything works out first time without any hiccups. And very true, I checked the specific times and what would be required, and true enough I didn't have to ship my passport to the US to get my visit visa, but my wife will need to ship hers to Sheffield.

Timing wise it's stated as 10 days for all visit visas being processed, but I have this inexplicable "once bitten, twice shy" feeling coming over me... I think it might just take longer than that. Just a hunch.

Visit visas are processed in New York.

This is very true and I hadn't thought of it, as quite some time will have passed prior to any decision being made and I would need to provide copies of my latest bank and work information, so this would be a good reason to cite on top of genuinely wanting to be together again after so many weeks.

Exactly. Kill two birds with one stone. It's mostly to visit and spend time with each other with the bonus of having the needed paperwork in hand when she goes home.

And to the visit visas are through the NYC office. I just wasn't sure if it would for sure process in time. I'd already bought my ticket and disnt want to send my passport away.

Visit visas are processed in New York.

Ahh! That certainly helps a great deal, proper research would be good instead of assuming. But that definitely removes some of the headache, thanks!