Family LTR permit refused, wife has to leave, can she come back on a tourist visa?

Family LTR permit refused, wife has to leave, can she come back on a tourist visa? - Back view of traveling couple in love wearing casual clothes walking with luggage and hugging while strolling along sidewalk together during vacation

My wife and I are married for 13 years, 3 years ago we moved to the UK, bought a business, and live a lovely life. We brought all our furniture, pets and finances over here and now my wife's Leave to remain family permit with human rights grounds visa has been refused, and she has been give 90 days to leave.

We cannot appeal from within the UK. The ruling is made.

Can she fly back to South Africa and then apply for a visitor visa to come back while we sell the business and plan to move back to SA?

Any ideas very welcome! We are SO desperate.



Best Answer

Your wife was (apparently) living in the UK with a perilous immigration status and has been given the standard removal instructions when the pathways for in-country appeals have been exhausted.

Can she fly back to South Africa and then apply for a visitor visa to come back while we sell the business and plan to move back to SA?

Yes, anyone can apply for a visitor visa. The sole condition is that the applicant must be outside of the UK and Islands at the time of their application (Paragraph 28).

From a practical point of view, when someone makes an in-country leave-to-remain application that fails and subsequent appeals fail, it is taken that the person has committed themselves to living permanently in the UK. This assumption has a profoundly damaging affect on the person's credibility as a visitor.

Moreover, the premise of liquidating a business is unlikely to be acceptable to UKVI because of her history of not understanding the rules or conditions of her visa. It's been clarified in comments that your wife entered on a spouse visa and was unable to further qualify because of the income hurdles (GBP 18,600 per year) in Appendix FM. There is no prohibition for an individual on a spouse visa to participate in the ownership of a business and it's not clear at all that the emotive article printed in Torquay Herald Express was authored by someone with a credible understanding of the rules. You would be better off relying on professional counsel.

Personal note: a long time ago when I was training, Keith Best told me that you cannot shame the Home Office because the Home Office has no shame, so it's likely they will follow through on your wife's removal.

Currently, South Africa is a visa-national country so a visa is required prior to departing for the UK.

In addition to being able to apply as a visitor, your wife also has the option to continue her human rights appeals from South Africa.




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Can my wife visit me on tourist visa?

Can my fianc\xe9(e) visit me in the United States on a tourist visa? The short answer is yes, you can. The same rules for spouses of U.S. citizens (as described above) also apply to engaged partners with a pending K-1 (fianc\xe9 or fiancee visa).

Can I apply for tourist visa while waiting for spouse visa?

It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.

Can I apply for tourist visa while waiting for spouse visa Australia?

You can apply for a visitor visa to come to Australia while you are waiting on an application outcome so long as the temporary visa matches your intentions. If you are waiting for the decision on a substantive or permanent visa and want to visit Australia to see a partner or holiday you can.

What happens if you break up on a partner visa UK?

If you have a spouse or partner visa, you will have to apply for a new visa or leave to remain if your relationship breakdown. Without new immigration status, your visa will be curtailed and if you do not leave the UK after this date, you could be deported.



Refused EU Family Permit for Relationship or Dependancy issue: What to do now?




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