# Family Visit Visa whilst Waiting for Settlement Visa for Wife



## cabb (Mar 18, 2014)

Hi Guys, 

Just after some feedback on what to expect in our situation. I've been reading some responses on here regarding visiting a spouse on a family visit visa and getting nervous, but there aren't any other situations quite like ours it would seem. 

I'm a dual Australian and British Citizen. My wife and I lived together in Australia for a while, and we have decided to immigrate to the UK. She is currently in Russia, I've visited her once since. we aren't willing to be apart for months and months while we wait for the Settlement Visa (Been there done that) 

So, we lodged the Family Settlement Visa on 14th March, 2014 - I am the sponsor, I have a job that exceeds the financial requirement and rental place etc, we tick all the boxes for this one. She paid the extra 2600RUB or whatever it was to get her passport returned to her at the time of lodging in Moscow (So we could then apply for the Family Visit Visa) 

We then applied for the Family Visa Visa (6 Months or Less) today on the 17th March, 2014. Again, I am the sponsor and we mentioned exactly the reasons why we were applying for this visa in the cover letter, which is to be together whilst the Settlement visa is processed, and that she will leave UK when the visa expires. 
Now, my wife isn't currently studying or employed (Due to just immigrating Australia) - she has family in Russia. And owns 1/3 of her family's flat (Didn't put the last bit on the form, don't ask me why) 

I can't find any other forum threads where people have lodged a family visit visa whilst waiting for the outcome of the settlement visa. She has been to the UK 3 times in the past for study & also as a tourist, prior to meeting me though. 

Thoughts?


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## Joppa (Sep 7, 2009)

It's up to the ECO what they think of her family visit visa application. Normally you stay in the country while your application is processed, as they may want to get in touch and even invite her for interview (happening more often nowadays). She will have to return to submit her passport once they have decided to issue her settlement visa, and usually they want it within 2 weeks or so. 
Most people stay put while they wait, and that's why you haven't found many examples, and for good reasons. So I don't know. They may think it's unwise to issue her visit visa and then they find they have to refuse her spouse visa, as she may then be tempted to overstay. 
As you have already applied, you just have to wait for outcome.


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## cabb (Mar 18, 2014)

Joppa said:


> It's up to the ECO what they think of her family visit visa application. Normally you stay in the country while your application is processed, as they may want to get in touch and even invite her for interview (happening more often nowadays). She will have to return to submit her passport once they have decided to issue her settlement visa, and usually they want it within 2 weeks or so.
> Most people stay put while they wait, and that's why you haven't found many examples, and for good reasons. So I don't know. They may think it's unwise to issue her visit visa and then they find they have to refuse her spouse visa, as she may then be tempted to overstay.
> As you have already applied, you just have to wait for outcome.


Yeah, I understand she has to return to Russia with her passport when they grant the Settlement Visa - that isn't an issue. We called the Hotline and also the person at the Visa processing centre said it was fine to lodge the Family Visit whilst waiting for Settlement, and they offered the service to get your passport back to do so.

Regarding overstaying on a family visit, this is my only concern - unsure why on earth we would want to overstay considering she can't legally work or get benefits on that visa.

Pretty much what I thought. Thank you for the reply


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## Joppa (Sep 7, 2009)

Don't take what commercial visa partner say at face value. They aren't the Home Office and they have nothing to do with processing applications. 
It boils down to the ECO's take on your situation. There are supposedly about a million illegals in UK, and many of them are overstayers. Their concern is justified.


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## cabb (Mar 18, 2014)

What do you think regarding a visa being granted (Family Visit) cancelling the application of a seperate Visa (Settlement) - is this a rule, I can't find it written anywhere but have seen some posts regarding it but nothing concrete.


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## Joppa (Sep 7, 2009)

I think the general rule is you can only make one visa application at any one time. While it's not set in stone, it's unusual for two visa applications to be outstanding at the same time.


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## cabb (Mar 18, 2014)

Joppa said:


> I think the general rule is you can only make one visa application at any one time. While it's not set in stone, it's unusual for two visa applications to be outstanding at the same time.




Thanks. I was looking for some concrete rule or law stating that somehow a Visa granted will cancel the processing of another - that made no sense to me.


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## Joppa (Sep 7, 2009)

You normally have to withdraw your existing application before applying for another type of visa.


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## KHP (Oct 25, 2012)

Like Joppa said there aren't that many examples because people usually wait in country for their visa to be processed. In my husband's case we were told it would take up to 3 months to process the visa application but it actually only took about 11 days once we'd sent the supporting documents. So it may be that your wife's visa comes through quite quickly and the visit visa won't be needed.

I hope it all goes well for you both.


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