We are getting married on 18th august, her fiancé visa runs out on 14th September. When we receive the marriage certificate we will apply for the spouse visa. Just to make sure, as soon as we click the ‘apply’ button for a spouse visa she can remain here in the UK while awaiting a decision?
As long as you apply before the 14 September then your wife can remain until you receive the decision on her spouse visa
Ok thanks, just making sure there are no nasty surprises waiting when I apply for the spouse visa. I’ve got my two children here now also ( they have British passports) that are now registered at primary school and nursery. It would be disastrous if something were to go wrong when applying for the spouse visa.
With you and two kids in the UK probably next to impossible for them to refuse your wife and so many appeal routes that could tie it up for years especially with UK still in ECHR. Also they have to apply the ECHR before they can refuse the application and I think very difficult to get round fact that British husband and two children settled in the UK. As noted the rules are that once apply then retain the current status until decision made and then could appeal if necessary and would still retain current status during appeal. That said make sure apply on time and put in all the required evidence. I would include the kids in that evidence as even if they have a reason to say no they have to factor in special reasons and kids cover that. Should all be fine and think you are applying from a position of strength. Hope it all goes well.
Because she is already in the country using fiancée visa, she can stay for the process of spouse visa if you apply before expiration of her present fiancée visa. So while they are processing the spouse visa and hit the expiration of fiancée visa, she is fine because it’s already on the system under processed.