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Just want to ask if anyone knows the answer to this.

I currently have a visit visa valid until 2025. My family visa application has been refused and have made an appeal to the tribunal and there is no outcome to my appeal yet.

I am hoping to travel to the UK now to attend my father-in-law's funeral and thought I could travel to the UK using my visit visa. My husband has contacted the immigration in the UK via telephone and was advised that I cannot travel during an active application but since a refusal has already been issued and gone to appeal, technically my family visa application is not active and therefore I should have no problems traveling. Just to be sure I also contacted the immigration online and have informed them re the advise we received via telephone. They have come back to me with a response that "Normally if you submitted new application - You currently visa will be superseded and no longer valid."

It's the first I have heard of this and confused as we have been given conflicting response. I am desperate to be able to make it to my father-in-law's funeral and there seems to be no other option available to me.

Appreciate any response on this

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  • Typically AFAIK you should receive a curtailment notice if a visa is cancelled. On what grounds was your family visa application cancelled? Ir’s not impossible that you could be denied entry as a visitor on arrival by UK Border Force, given that your family visa application indicated a desire/intention to stay in the UK
    – Traveller
    Mar 31, 2023 at 15:29
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    @Traveller Typically AFAIK you should receive a curtailment notice if a visa is cancelled this only applies to someone who has outstanding leave in the UK which is being curtailed. Someone with a visit visa who is currently outside the UK does not have outstanding leave.
    – MJeffryes
    Mar 31, 2023 at 15:59
  • @Traveller thanks
    – Tina
    Mar 31, 2023 at 20:08

1 Answer 1

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The UKVI helpline is known for giving bad advice.

Unless your visit visa has been physically cancelled in your passport, it is still valid. It would have been cancelled had your family visa been issued, but since it was not, you can still use it.

Note, however, that you would still be expected to show you're a genuine visitor when arriving at the UK border. Someone who has recently had their family visa application refused may get a more intensive questioning, because it might be suspected that you're going to overstay to circumvent your refusal.

Attending a funeral is a very good reason to be visiting the UK though. Be prepared to present evidence of it, if necessary (eg funeral invitation). Would also suggest your (British?) husband goes through the 'All Passports' queue together with you so that you can be processed together.

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  • Thanks. I emailed UKVI again asking to confirm his advise was correct for my case, as we have received diff response. I was only told to contact the Tribunal if I have any questions about my appeal -did not answer my question. My other concern is that if the UK border allow my entry on visit visa, will that have an impact on my appeal as I have entered the country on visit -will it invalidate my family visa application/appeal. I was hoping I could get a definitive response from UKVI. Just wanted to have all the right info, I would not want to have missed the funeral when I could have traveled
    – Tina
    Mar 31, 2023 at 20:06
  • @Tina I emailed UKVI again asking to confirm his advise was correct for my case, as we have received diff response this goes to the same contact centre as a the phone calls. You are wasting your money. They cannot give you a definitive legal response on anything at all. For anything related to your appeal I recommend you speak to your solicitor.
    – MJeffryes
    Apr 2, 2023 at 18:59

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