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Discussion Starter · #1 ·
Hi, could anyone shed any light on this?

My wife came over to the UK with me in February (we'd lived in China for 6 years prior) and has been here since then on a family tourist visa (6 months). There were 2 weeks in May when she headed back to China. I have however taken a job on a year's contract and thus won't be heading back to China and neither will our 2 year old daughter. Problem is that her visa will be up in about a month's time.

She was thinking about going home about now anyway and could kill two birds with one stone by reapplying for a new visa. Is it possible to do this whilst the current one is still active, can it be voluntarily cancelled? Also, I realise they don't like it when it looks like someone is making the UK their home and applying for consecutive visas could look awkward. I've heard the rule of thumb is 6 months in 12 (though their own guidance says this isn't actually a proper rule) so she'd have been here 4 months minus the 2 weeks away and would surely be eligible for another 2 and a half.

Bit of background
- We aren't in a position to apply for the spouse visa as of yet
- Financially we're sound
- She/we own property in China (have links)
- Has been compliant each time she's been issued with a UK visa (current one is the third)

Cheers
 

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Discussion Starter · #3 ·
It's highly unlikely that she'll be granted another 6 month visit visa if that is what you are hoping.



https://www.gov.uk/standard-visitor-visa/extend-your-visa
Hey, thanks for the quick reply. What would be the reason for that? We'd actually be applying for a 1 year visa rather than 6 months. She won't have been "living de facto" even by the general rule of thumb so by what grounds would they have for refusal? Especially when there is the welfare of a British child at stake.

Not that I'm saying you're wrong though, just wondering what their justification would be.
 

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A 1 year visa doesn't mean that you can visit for 1 year. Visits are limited to 6 months. Long term visit visas are for those who can prove they have a genuine reason to frequently visit the UK and the long term visa means they don't have to apply for a new visa every time.

From the immigration rules for visitors:


Genuine intention to visit

V 4.2
The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant

will not live in the UK for extended periods through frequent or
successive visits, or make the UK their main home
They will have a record of her current visa and know that she's already visited for 4 months so it's going to be hard to prove that she's not trying to live in the UK.
 

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It just goes by the overall situation. She has been in UK on visit visa for 4 months. While she was away for 2 weeks and still has two months left on her visa, applying for another visit visa without a significant interval - as long as her stay in UK so far, smacks of wanting to live rather than merely visiting UK. Yes, there is a question of the child but in that case the child is expected to return to China with her mother. They will expect you to be applying for spouse visa if the intention is to live in UK and not just visit.
 
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