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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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My son wishes to bring his Chinese wife to England for Christmas

Customer Question

My son wishes to bring his Chinese wife to England for Christmas and to meet us for the first time. We wish to celebrate their wedding with our family and friends. On their return to China they are going to have a honeymoon. I They work together in their business in China and own property there, but her visa has been denied. We are appealing against the decision, but cannot understand why they have been refused in the first place, it doesn't make sense.
Why have they refused the visa?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 3 years ago.
Thank you for your question. Have you been provided with a refusal letter? This should set out the Entry Clearance Officer's reasons for refusing the visa. If you can tell me what this says I will advise further.
Customer: replied 3 years ago.
No, we have not received a refusal letter yet. We are expecting a revised decision soon, which we are told will then set out the reason for the refusal.
Customer: replied 3 years ago.
With reference to the above enquiry, once a visa has been approved, will that automatically mean it will be renewed as required.
Expert:  Paul Richmond replied 3 years ago.

Ok, I suggest that you wait for the refusal letter. This will tell you why the visa has been refused. Once you have read the refusal letter you can contact me again if anything is not clear.

 

With respect to your second question, if your son's wife's spouse visa is issued this will give her 2 years leave to remain in the UK (this is called the probationary period). At the end of this period she will need to apply for settlement in the UK (this is called indefinite leave to remain). The former does not automatically lead to the latter. It requires a new application and certain requirements have to be met. For example, the marriage must still be subsisting and the parties must intend to live to together permanently as husband and wife. However, so long as your son and his wife are still together then they shouldn't have any problem in meeting the requirements.

 

I hope this answers your question. Please kindly click the green ACCEPT button so that I may be compensated for my time. Thank-you.

Paul Richmond, Barrister
Satisfied Customers: 138
Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
Paul Richmond and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
In reply to your answer to your feedback - I originally stated that my son wished to bring his wife to meet us for Christmas and on their return to China would have a honeymoon. As it was a holiday only I could not understand why a visa to visit this country was
refused. They intended to stay for 3 weeksonly. I asked the question -once it was issued, if at all, would it mean it would automatically be renewed for additional information only. Are there two types of visa? Holiday and Residency
Customer: replied 3 years ago.
Can you tell me are there two types of visa one for a holiday and one for a residency? and could the refusal of the visa for my sons wife be because they thought it was for residency.
Expert:  Paul Richmond replied 3 years ago.
Yes, there are two types of visa - there is a '"visit visa" (valid for 6 months) and a "spouse settlement visa" (valid for indefinite stay in the UK). It is unlikely that the Entry Clearance Officer has confused the two because they have different application forms. The most likely reason why she has been refused is because the ECO was not satisfied that she will return to China at the end of visit in the UK (this is one of the requirements for a visit visa). But you will have to wait for the refusal letter to find out exactly.

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