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mcjc

So my wife and I married here in the UK in October this year under the marriage visitor visa and she has since made her timely return to her country whereby she will make her Spouse Visa application next April 2023 when I will be able to provide a full year's PAYE payslips etc for my new business to meet the financial requirements. My question is  as a Non Visa National who spent almost 6 months in the UK from October 2021 until March 2022, made a timely return to her home country then apied immediately for the marriage visitors visa and was approved, returned to the UK, got married then left within the allowable 6 months time frame - can she return to visit me after she has made her Spouse visa applications in April 2022 whilst waiting for the application to be processed and how much of a risk is this to her application as I have heard there is a risk she could be refused permission to enter? We have done everything correct so far and do not want to jeopardise the spouse visa application but being newly weds and already subjected to 5 months apart due to me needing a file a full years accounts THEN waiting up to another 6 months due to the Ukraine situation is killer and untenable. Any advice welcomed...

Cynic

Hi and welcome to the Forum.


Unfortunately, no, visa nationals cannot apply for a further/different UK visa while waiting for the results of their out-of-country application.  If you want a 3rd party legal opinion, this link will take you to an immigration barrister's website where they have written an article on the subject.


Probably not what you want to hear.


I hope this helps.


Cynic

Expat Team

mcjc

@Cynic according to that link, as a Non Visa National my wife CAN return to the UK for a visit whilst waiting for the spouse visa. I am confused why you said no she can't as she is a non visa National?

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