Canadian fiancé in the UK
Complex one here (I think)
I am from the UK and currently have a outland visa application in the works for Canada.
I did go over to Canada in September 2020 to stay there whilst my visa was approved but then in Jan, 2021 I seen that the UK was gonna potentially close the borders and force mandatory hotels, so I decided to come home in Feb (26th) to visit family just in case they closed the borders for a long time.
Anyway, my Canadian fiancé came with to visit my family as they are all really close with her. We only intended to come for a little visit (couple months at most) but then she fell pregant... so we've ended up staying.
Her visitor visa runs out the 26th of July and we don't really want her to go back to Canada yet as she could end up being stuck there on her own without me for god knows long due to Canada now shutting their borders and because of Covid in general.
My question is, could me and my Fiance go to europe in the first week of July for a couple of days then return to the UK to "re-set" those 6 months to give us a bit of time to sort things out before going back to Canada together.
She has only been here on a visitor visa once before which was only for 10 days and she was also here for 2 years studying (on the tier 5 youth mobility scheme, which was from November 2018- September 2020)
So, this will be her FIRST successive 6 months, if that makes any sense.
Thank you.
Best Answer
Your ‘visa run’ plan will probably look suspiciously like an intention to live in the UK for extended periods through frequent or successive visits, which is against Immigration Rule V4.2(b).
If she is questioned on attempting re-entry after spending 6 months in the UK followed by such a short time out of it, your fiancée may well need to prove a compelling reason to leave the UK (eg a job waiting for her in Canada) in order to convince the Border official that she won’t just stay there with you (and, presumably, her baby in due course).
If she can’t convince them, she will likely be denied entry or given a much shorter stay than the usual 6 months. If that happens, her travel history to the UK as a visa-free national will be damaged and could cause problems on future visits.
Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor
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Can I bring my fiance to the UK?
You can apply for a family visa to live with your: spouse or partner. fianc\xe9, fianc\xe9e or proposed civil partner. child.Can I bring my unmarried partner to the UK?
The Unmarried Partner visa (also known as the UK defacto visa) allows the unmarried partner to enter or remain in the UK on the basis that they are in a relationship with a person who is present and 'settled in the UK'.Can I apply for a fiance visa while in the UK?
Your partner can apply from outside the UK. They can also apply from inside the UK as long as they: were given leave to remain in the UK for more than 6 months.What are the requirements for fiance visa in UK?
The key requirements for the UK Fianc\xe9 Visa are as follows:- You and your partner must be aged 18 and over.
- You must intend to marry within 6 months of coming to the UK.
- Your visa must be sponsored by your partner who must also be a British citizen or a settled person in the UK.
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