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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi - Im a full UK citizen from birth (32 now) and I have recently

Customer Question

Hi - I'm a full UK citizen from birth (32 now) and I have recently married a japanese woman and we have also just had our first child together (neither of us have previous children). she is currently Tokyo based with our baby and i am on a one month visit but need to return to the UK shortly to continue with my current employment.

We meet the criterea for a UK spouse visa from everything i have read on UKBA website (including my earnings exceeding the minimum income threshold). However I am only intending to be in the UK for another 12 months whilst I clear some small debt (<£3k) and save to emmigrate to Japan permanently, so we don't want the expense and hassle of the spouse visa application as we have no intention to settle in the UK for good.

If we instead apply for a multi-entry familiy visitor visa, and make it clear during the process what our intentions are, is it likely that we will run into any problems on her re-entry to the UK if she travels back to Japan for a period of say one month following an initial 5 or 6 month stay (to ensure we don't contravene the maximum 6 month at a time limit on stays in this visa category)?

We obviously don't want to be apart for longer than necessary as I don't want to miss my son growing up and leave the parental care just to her (financially i am supporting us but I'd like to be a physically present parent also).

huge thanks in advance
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Howard replied 4 years ago.
The usual reasons for refusal of a visitor visa are the caseworker not believing that there is sufficient reason for the applicant to leave the UK. This is usually overcome by showing employment that the applicant must return to. It is a good idea to try and overcome this objection when making the application.

A visit visa is only likely to be approved for 6 months in the first instance. After this another application would be required.

It is important to remember that a visit visa is intended for short and irregular visits. There is therefore a reasonable chance of refusal for a second visit visa application submitted immediately after spending the full visit visa period in the UK. Even if the second visit visa is obtained there is a chance of border control refusing entry.

in other words, there is a chance that what you propose would work BUT there is a strong chance of not getting the second visa and/or your wife being refused entry when returning to the UK for her second visit. The reason for this is because what you are looking to do is not the intended purpose of the visit visa.
Expert:  Howard replied 4 years ago.
Do you require further clarification? If you do then please feel free to ask, otherwise please remember to rate the service provided.
Expert:  Howard replied 4 years ago.
Do you require further clarification or has your question been fully answered? If so then please extend the courtesy of a positive rating in return for the time that I have spent providing you with the information that you requested.