It’s a question I get asked a lot: Can I travel to the UK while my partner visa is being adjudicated? If you’re applying for a family visa while outside the UK, the processing time is around 12 weeks, so it makes sense that you would miss your partner during this period and hope to come for a short visit.
But is it possible? The answer is that it may be possible in certain circumstances. That’s what this article is going to be about. So let’s get straight to it.
Who can and who can’t visit during a partner visa application?
There is a key distinction here which you need to keep in mind. It is whether you’re a visa national (ie, you are from a country that requires a visa to visit the UK) or a non-visa national (you’re from a country where you can travel to the UK without a visa and get permission to enter at the border).
What this means in practical terms:
- If you’re a non-visa national then you can visit but it does have risks, which we will look at later.
- If you’re a visa national you cannot visit while your partner visa is being processed. This is because you can’t have two different visa applications pending, and a new application effectively cancels the previous one – something you definitely want to avoid.
If you’re not sure which group you are in, you can check the latest list from the UK government on nationalities that do require visas prior to entering the UK.
Risks for a non-visa national visiting the UK with partner visa pending
If you’re in the non-visa national group, you will still need an ETA. You can learn more about ETA requirements on our blog.
This ETA rule has been in place since February and means that all non-visa nationals (who don’t have existing permission) must hold an ETA before travelling. However, an ETA is not a visa and does not guarantee entry, and authorities may still question the holder at the border. You can apply for an ETA here.
If you are questioned at the border (this is the risk I mentioned earlier), you will need to convince border authorities that you are a genuine visitor with the intention of leaving the UK after your visit. When you have a pending partner visa (which means you do have the long-term goal to settle in the UK) the border authorities may be concerned that you won’t leave the UK in the event that your partner visa is refused.
So you must make clear that you have the intention to visit short-term to see your partner, but will leave the country and return later once your partner visa has been issued.
If you’re in this position, and are concerned about issues at the border, make sure you carry:
- Evidence of ties to your home country
- Clear plans to return
- An explanation of your pending partner application
- In addition, we can supply a letter which outlines our client’s plans
The major risk here is that should you be refused entry to the UK as a visitor, it could have negative ramifications on your partner visa application. So make sure that everything is in order prior to travel and you have the necessary documents outlined above. This is not a guarantee that you will be free of risk but it at least mitigates it as much as possible.
Working with an immigration lawyer
Partnering with an experienced immigration lawyer for a partner visa can make a real difference. A legal specialist can help you understand the implications of making a short visit while the partner visa application is pending, and can help you reduce risk as much as possible.
An immigration specialist with legal training can help you navigate the various complexities of family visa applications as well as staying ahead of the constant changes and updates coming from the UK Home Office. We work by assessing eligibility and then advising you on the best visa route. We also work with you to ensure that financial thresholds, evidence of your relationship, accommodation, English language criteria, and so on, are all met. In the end, it gives you peace of mind that you have put together the best possible application with the highest chance of success.
If you would like to know more visiting the UK while your partner visa is pending, or simply want to speak to an expert about any aspect of UK visas, contact us today.
