# Family Visit visa for spouse pre spouse visa application



## shanar (Apr 16, 2013)

Hi There!!

My husband and i met in the uk in 2008 while he was here on a 2 year working holiday visa (he's south african), we were together for around 18 months (lived together for a year of that) and then his visa expired and i decided to return to SA (i am a dual national SA/Brit) with him to make sure our relationship was going to be lasting... It was and we got engaged and then married. I have now moved back to the UK after spending 2.5 years in SA and have got a job to start working towards the 6 months of payslips that the financial regulations call for (we could only apply under that category as neither of us had earned the minimum amount in the last 12 months before applying)

We thought we could make the separation but we just cant, its put us both under so much emotional stress. We are a very close couple and we have now been apart for 3 months and i am only one month into my new job. I dont think i'll be able to last another 5 months (not incl the waiting time after he then applies for his spouse visa!) 

So what we would like to do is get him over here as a visitor for 4/5 months so that i can work out the rest of the 6 months and then he can return to SA and apply for his spouse visa....

the thing that worries me is that he wont be able to get leave from his company (which are possibly liquidating at the moment anyway). He wont jeopardize his future spouse visa application by overstaying his visitor visa but I'm not sure a return ticket and telling them that he is going back to apply for his visitors visa is going to be evidence enough. I am earning £25,000pa and we are able to stay rent free with my parents, so i wouldn't have any problem supporting him, on top of which he should have around R60,000 (equiv around£4,500) in his account at the time he applies (R40,000 from selling his car, which he owned) which he will be able to use to support himself. He will then return to SA in October to apply for his spouse visa.... 

I am so terrible at this kind of thing, I would SO appreciate some help in the form of advice as to what i should include in the application etc. I have our original marriage cert over here in the UK with me, will the UKBA in SA accept a certified copy?

Please any help would be so appreciated, I am so stressed and constantly on the verge of tears these days! I don't want to live in SA, my family is in the UK and I now have a great job that I really enjoy and that I feel I have a great future in, but I also need my husband with me...

Thank you so so so much and sorry for the long soppy story!!


----------



## shanar (Apr 16, 2013)

I forgot to mention that my husband did not overstay his previous 2 year working holiday visa and in that time spent 9 months working for a charity fundraising company and payed his taxes and has a national insurance number... will this help his application at all?


----------



## nyclon (Apr 3, 2011)

Not having a job to go back to, a spouse in the UK, presumably no rented or owned accommodation to return to, minimal savings all those things could raise red flags. Just having a return ticket isn't really convincing proof that he'll leave given the other factors. It's fine for a spouse to visit but it would be better for him to keep his job and take a couple of weeks off throughout the next 4 to 5 months.


----------



## shanar (Apr 16, 2013)

Hi Ncylon, thanks for replying, I know, that's what was worrying me... After your reply I spoke with my husband and he ended up having a long chat with his boss who after hearing our plans has offered to take my husband back after his long visit for as long as it take his to apply and received his spouse visa! Just wanted to say thanks, you may not have meant to, but what you said has promted us to speak to his boss and now he has the letter! Do you think that we now stand a chance?!
Thanks!


----------



## KHP (Oct 25, 2012)

shanar said:


> Hi Ncylon, thanks for replying, I know, that's what was worrying me... After your reply I spoke with my husband and he ended up having a long chat with his boss who after hearing our plans has offered to take my husband back after his long visit for as long as it take his to apply and received his spouse visa! Just wanted to say thanks, you may not have meant to, but what you said has promted us to speak to his boss and now he has the letter! Do you think that we now stand a chance?!
> Thanks!


Hi Shanar,

I was in the same situation as you. 

I was equally worried about my husband being given a visitor visa but he had no problems, just a few additional questions at the airport. As long as your husband fulfills all the visitor criteria he should be fine. 

I think sometimes there is a sense that it is impossible for a spouse to visit their partner in the UK, that the border agent will automatically believe they're going to over stay. I know that's what I thought after getting feedback on this forum. 

I think that can sometimes make people worry unnecessarily. I would try your best to make sure your husband fulfills all the family visitor criteria as stated on the UKBA website and hopefully it will be OK.

Of course, that's no guarantee, just my experience. 

Good luck!


----------



## shanar (Apr 16, 2013)

Thanks KHP, it's really good to hear that your husband got his visitors visa! I know, it's horrible because I feel like they think everyone applying is going to overstay which is obviously not the case especially in our case, we want to settle in the UK together so he would never jeopardize his chances by overstaying!! And of course we are definitely anticipating extra questions at the airport but as we have nothing to hide, I'm wouldn't think those questions would be a problem! Thanks so much for your post, so encouraging to know that some people do succeed and there is a chance !!


----------

