How long before a 2nd UK tourist visa is allowed.

[darren1971]

Hello again everyone, My Thai gf stayed in the UK on a tourist visa from October the 1st until March 22 (5 months.) We are most likely going down the settlement route but may well do another tourist visa prior to that. About 10 years ago I was in a similar scenario and had a 2nd tourist visa refused based on the fact that my gf had already stayed in the UK for 6 months prior to application. If I was going to apply for a 2nd tourist visa for my gf what do the guidelines say with regards time spent in the UK on a tourist visa, how long should we wait before our 2nd application, and does the length of the 2nd trip matter.

 

Thank's in advance!

[simoh1490]

I understand the rule is 6 months in every 12 is the maximum allowable.

[theoldgit]

Post giving incorrect information removed.

Darren, your girlfriend has already spent five months in the UK as a tourist, whilst she can apply straight away, I think she’s going to face an uphill struggle convincing the Entry Clearance Officer that she applying for another visit visa as a genuine tourist, and is not using visit visas to circumnavigate the settlement route.

We may have had this conversation before but when she applied for her earlier visa, what was the purpose of the visit and how long did she indicate she wanted to spend in the UK?

As simoh1490 has indicated tourists aren’t normally able to spend more than six months in a twelve month period in the UK as a tourist, whilst this isn’t a rule within the Immigration Acts, the decision maker will need some convincing that she’s a genuine tourist

If on her previous application she claimed reasons to return to her home country, these could be brought into question in any future application if she stayed longer than she originally declared.

 

[rasg]

My, now wife, had two visit visas overlap by 12 days a couple of years back.

 

In the next application you will need to explain why your GF stayed longer than originally requested, if that is what she did. My wife's first application she requested a months holiday using her job as a her main reason to return. She was made redundant while she was here in the UK so she stayed 18 weeks. As soon as she got back to Thailand she applied for a two year VV. Initially so she could spend Christmas here and she stayed 14 weeks. (Right up to the 180 day maximum). I then realised that she wouldn’t; be allowed back for another six months so we went for settlement and got married.

 

There is nothing to stop you applying at any time. Whether the application is successful is another thing but the general guideline is that you can only stay in the UK for 180 days in any 12 month period. That has changed a bit recently.

 

Take a look at the following link. Page 17.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673351/Visit-guidance-v7.0EXT.PDF

 

From what I have seen it won't make much of a difference as most visit visas only last six months any way. If they think you are trying to bypass the settlement process you can be turned away at immigration. It just seems to mean that they have a bit of leeway in exceptional circumstances.

Edited May 5, 2018 by rasg

[darren1971]

We applied for a 1 month stay and she stayed 5 months. Her reasons to return were that she is an essential part of her family unit and needed to help at home taking care of her Mother and children. It was agreed with her family that if all was well and everyone was coping that she could stay longer if she wished. We were also unsure how she would cope with the Winter weather. In the end everything was fine at home so she extended her planned stay making sure to stay within the immigration rules. We will be married before the next visit visa and would like another stay in the UK to finalise our decision on where we build a life together and whilst we get everything in order for a future settlement visa if we decide on the uk.

[rasg]

Wow! Where has the time gone?

 

If she gets another visit visa it would be very unwise if she stayed beyond a total of 180 days including the five months she was here for.

 

It's a really difficult one as UKVI could refuse a second application saying that she isn’t such an essential part of her family unit and you relied on that as part of her original reason to return.

 

Obviously your choice but I would simply go for settlement and be done with it.

 

You already have 90% of what you need if you kept all of the info from the visit visa application. She will need an English language test (my wife did hers here in Hammersmith on her 2nd VV) and a TB test. If her English is good go for the A2 or B1 test to save money further down the line.

[darren1971]

4 minutes ago, rasg said:

Wow! Where has the time gone?

 

If she gets another visit visa it would be very unwise if she stayed beyond a total of 180 days including the five months she was here for.

 

It's a really difficult one as UKVI could refuse a second application saying that she isn’t such an essential part of her family unit and you relied on that as part of her original reason to return.

 

Obviously your choice but I would simply go for settlement and be done with it.

 

You already have 90% of what you need if you kept all of the info from the visit visa application. She will need an English language test (my wife did hers here in Hammersmith on her 2nd VV) and a TB test. If her English is good go for the A2 or B1 test to save money further down the line.

I agree, we need to stress the point that she did return so there is no reason to view this 2nd application any differently. Perhaps it would be wise to not mention settlement and just say our plans are to settle in Thailand and this is a final chance for her to visit before I uproot and emigrate there. I would not apply until 12 months from the first visit has expired so as not to break the 180 in a 12 month period 'guidance'. In all honesty we just would like to spend more time together and don't want to rush into things which produces some difficulties when one of you is British and the other is Thai.

[7by7]

2 hours ago, darren1971 said:

We applied for a 1 month stay and she stayed 5 months. Her reasons to return were that she is an essential part of her family unit and needed to help at home taking care of her Mother and children.

She has not broken any rules, but her credibility has been damaged. Having told the ECOs that she would only be able to stay for a month she will in any future application, especially one made shortly after returning home, have to explain to their satisfaction why she was able to stay for 5 times longer than she originally stated she would be able to stay.

 

1 hour ago, darren1971 said:

Perhaps it would be wise to not mention settlement and just say our plans are to settle in Thailand and this is a final chance for her to visit before I uproot and emigrate there

You have already been economical with the truth once, why be so again? They do keep a record of what is said in each application and refer to it the next time that person applies. If they discover anything which can be viewed as deception then they could refuse her next visit application and ban her from applying to visit the UK for up to 10 years! See the immigration rules paras 320(7A), 320(7B)(d) and 320(7B)(ii).

 

If there are aggravating circumstances considered serious enough it could also have the same effect on a settlement application! See para 320(11)(iv). Although that would be unlikely in these circumstances.

 

Tell the truth; always.

 

As for your question, although it says in rasg's link

Quote

There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application

I agree with theoldgit that she will have an uphill struggle to convince an ECO that she is not attempting to use successive visits to bypass the settlement rules; especially as last time she said she could only stay for a month due to family commitments in Thailand but actually stayed for 5 months!

 

Made even more difficult because her first application was refused because they didn't believe she would leave the UK! https://www.thaivisa.com/forum/topic/993433-uk-visit-visa-refusal-letter/

Quote

Given all of the above, I am not satisfied that you are genuinely seeking entry for a purpose permitted by the visitor routes and that you will leave the UK at the end of your visit. Your application is therefore refused.

 

[darren1971]

2 minutes ago, 7by7 said:

She has not broken any rules, but her credibility has been damaged. Having told the ECOs that she would only be able to stay for a month she will in any future application, especially one made shortly after returning home, have to explain to their satisfaction why she was able to stay for 5 times longer than she originally stated she would be able to stay.

 

You have already been economical with the truth once, why be so again? They do keep a record of what is said in each application and refer to it the next time that person applies. If they discover anything which can be viewed as deception then they could refuse her next visit application and ban her from applying to visit the UK for up to 10 years! See the immigration rules paras 320(7A), 320(7B)(d) and 320(7B)(ii).

 

If there are aggravating circumstances considered serious enough it could also have the same effect on a settlement application! See para 320(11)(iv). Although that would be unlikely in these circumstances.

 

Tell the truth; always.

 

As for your question, although it says in rasg's link

I agree with theoldgit that she will have an uphill struggle to convince an ECO that she is not attempting to use successive visits to bypass the settlement rules; especially as last time she said she could only stay for a month due to family commitments in Thailand but actually stayed for 5 months!

 

Made even more difficult because her first application was refused because they didn't believe she would leave the UK! https://www.thaivisa.com/forum/topic/993433-uk-visit-visa-refusal-letter/

 

Well we need to think more about the language here, it was never stated she could only stay for 1 month, only our plans were for her to stay 1 month. Plans change and as long as you adhere to the rules of the visa granted a change of plan should not necessarily indicate that someone has or intended to lie or mislead. Her reason to return was that she has responsibilities back home and she is needed and wants to be there, after some time away her family were coping fine without her, she wanted to stay longer, the visa rules allowed her to stay longer and so she stayed. If you start from a standpoint that everyone is essentially bad and work back the conclusion would be that she has broken the visa rules (even though she clearly hasn't), if you start from a standpoint that everyone is essentially good then, based on the immigration rules and the facts there is little reason to refuse a second visa. Rationally if the length of stay has to be declared prior to travel then it should be in the visa application rules - I still find it very hard to get into the mindset of how this whole charade is run and managed.

[7by7]

 

8 minutes ago, darren1971 said:

<snip>

Plans change and as long as you adhere to the rules of the visa granted a change of plan should not necessarily indicate that someone has or intended to lie or mislead.

 Indeed, plans can and do change and the ECOs are well aware of that.

 

I did not say that a change of plans leading to a longer stay than originally stated was against the rules, indeed I said that she had not broken any rules. But as I also said, her credibility has been damaged; not that she had lied in her application, but without explanation the change in plans leading to her staying 5 times longer than originally stated could make it appear that she had. 

 

She said in her original application that she would only be staying a month due to her family commitments in Thailand, but she then stayed for 5 months, She cannot simply ignore this, because the ECOs wont! She must explain in any future visit application why she did this and how she was able to do so, otherwise why should the ECO believe her about her intentions in any future application? 

 

I know, both personally and via forums such as this, of many UK visitors who have stayed longer than originally stated. Those who have explained why and how they did so in their next visit visa application have been successful in that application; many of those who didn't were refused the next time.

 

My comments about the consequences of using deception in a visa application were based upon your suggestion that you do so regarding where you intend to live post marriage in her next application, not on what she said in her last one.

 

[darren1971]

4 minutes ago, 7by7 said:

 

 Indeed, plans can and do change and the ECOs are well aware of that.

 

I did not say that a change of plans leading to a longer stay than originally stated was against the rules, indeed I said that she had not broken any rules. But as I also said, her credibility has been damaged; not that she had lied in her application, but without explanation the change in plans leading to her staying 5 times longer than originally stated could make it appear that she had. 

 

She said in her original application that she would only be staying a month due to her family commitments in Thailand, but she then stayed for 5 months, She cannot simply ignore this, because the ECOs wont! She must explain in any future visit application why she did this and how she was able to do so, otherwise why should the ECO believe her about her intentions in any future application? 

 

I know, both personally and via forums such as this, of many UK visitors who have stayed longer than originally stated. Those who have explained why and how they did so in their next visit visa application have been successful in that application; many of those who didn't were refused the next time.

 

My comments about the consequences of using deception in a visa application were based upon your suggestion that you do so regarding where you intend to live post marriage in her next application, not on what she said in her last one.

 

I will repeat myself... at no point did she say she could only stay for 1 month. She said her reason to return was her family and we wanted to stay for 1 month. There is no deception keeping our future plans to ourselves, if you meet the requirements of the visa it should be granted and it's laughable that future visa applications can be denied based on previous visas where ALL the rules were strictly adhered too... this system is an ass

[darren1971]

Here is what the previous visa supporting document stated:

 

'Our plan is for Ket to visit my home in the UK for one month if this visa application is granted '

 

'*** recently had a visit visa refused and I want to address the concerns raised by the ECO. Understandably the ECO felt that *** had few economic ties to Thailand, and because her only regular income is the money I am sending, and that it was possible she may not return to Thailand at the end of the proposed visit. We feel that perhaps we failed to make it clear how strong our feelings are for each other and that our long term happiness is riding on her ability to obtain future visas. For *** to leave her family and not return would be very disruptive, upsetting and in her eyes wrong. We have both discussed the ramifications of her leaving Thailand to live in the UK in the future but she is not in a position to do that right now. *** ties to her family and our future plans for settlement are the main reason that Ket will return at the end of this visit.

If we do marry in the future *** would not be able to help her family physically but she would of course be able to work and help financially, freeing up her sister and twin brother to help if needed.'

 

[rasg]

1 minute ago, darren1971 said:

I will repeat myself... at no point did she say she could only stay for 1 month. She said her reason to return was her family and we wanted to stay for 1 month. There is no deception keeping our future plans to ourselves, if you meet the requirements of the visa it should be granted and it's laughable that future visa applications can be denied based on previous visas where ALL the rules were strictly adhered too... this system is an ass

The system may be an ass but it's the system we have, whether you like it or not.

 

Don't forget that I know the contents of your sponsor letter and you specifically requested a month and she'd had a refusal before.

 

Ket adhered to the terms of the visa but she didn’t adhere to the original month you requested. After the original refusal it would have been better of she had gone home quite a bit earlier. You now have to explain why she stayed for five months in the next visa application. Not that simple as your sponsor letter explained that she was a crucial part of the family unit.

[rasg]

17 minutes ago, darren1971 said:

I will repeat myself... at no point did she say she could only stay for 1 month.

No you didn't but you did say that she would only stay for one month.

[darren1971]

53 minutes ago, rasg said:

No you didn't but you did say that she would only stay for one month.

No we said 

'Our plan is for Ket to visit my home in the UK for one month if this visa application is granted ',

 

and we didn't say she was crucial but we did say

 

''For *** to leave her family and not return would be very disruptive, upsetting and in her eyes wrong.' 

 

and we said 

 

'ties to her family and our future plans for settlement are the main reason that Ket will return at the end of this visit.'

 

So I really don't think we were stressing that this visa should be granted because she is staying for only 1 month, just that was our original plan until we had more information, she could have wanted to return after a week.

 

Still think if the immigration office have an issue with this then they should firm up the rules or say it's a 6 month visa and that is how long you can say, seems perfectly rational to me?

[darren1971]

I'm assuming in the application you can buy an open return and say you haven't decided how long you will stay... It's probably the best way to go

[rasg]

3 hours ago, darren1971 said:

I'm assuming in the application you can buy an open return and say you haven't decided how long you will stay... It's probably the best way to go

I would never buy a ticket unless I had the visa. UKVI specifically advises against it. Using your strategy I think the two of you will be disappointed when she applies for a second visa.

 

In the end, unless you changed your sponsor letter from the one that I wrote, I know what was said. I took a look at it earlier.

 

You seem to be looking for trouble with this one and I can’t work out why.

 

When my wife stayed for 18 weeks on her first visit visa she had a valid reason for staying longer. Her reason to return made her redundant. It was simple to change the date of the flight and cost me around £75.00.

 

Because Ket had the initial refusal and then stayed four months longer than requested unless you come up with a very good reason why she stayed for five months in the next application, I think the ECO will look extra carefully at your next visit visa application. Unless it is for a settlement visa. They might not. What do I know.

Edited May 5, 2018 by rasg

[7by7]

5 hours ago, rasg said:

No you didn't but you did say that she would only stay for one month.

 

4 hours ago, darren1971 said:

No we said 

'Our plan is for Ket to visit my home in the UK for one month if this visa application is granted ',

 

You told them that the plan was for her to stay for a month. You also went to great lengths to stress that she would return to Thailand at the end of the visit; a visit you told them would only last for 1 month. The ECO based their decision to grant a visa, after a previous refusal, based upon that information. Whether a visa would have been granted had she told them she intended to stay for 5 months we will never know; but having been previously refused on reason to return grounds, I doubt it.

 

As said, plans can and do change and this should not adversely effect a future application provided that change of plans is addressed in that future application. Address it she must, otherwise the ECO could, and probably would, assume that her original intention was to stay for 5 months and she only said she would stay for a month in order to enhance her chances of success. I'm not saying you and your girlfriend lied about the length of her stay in her application, but other people do and the ECOs know this. They do not know your girlfriend and could easily assume that she did lie, unless she explains the change of plans.

 

But what you and she do and say is up to you; you've had our opinions and advice, whether or not you act on them is your choice.

 

4 hours ago, darren1971 said:

Still think if the immigration office have an issue with this then they should firm up the rules or say it's a 6 month visa and that is how long you can say, seems perfectly rational to me?

 By 'the immigration office'  I assume that you mean UK Visas and Immigration (UKVI), an executive branch of the Home Office. They do not make the rules, so cannot 'firm up the rules.' The immigration rules were originally set by Parliament, as have any and all changes and amendments since. If you have a problem with them then take it up with your MP. 

 

The visit rules set the maximum stay per visit for most category of visitor at 6 months, but they also say that an applicant needs to show that they are a genuine visitor who will leave the UK at the end of their visit. In assessing this when considering an application ECOs have to consider, among other factors, the applicant's circumstances in their home country and the length of their planned stay in the UK as stated in the application.

[theoldgit]

Darren, you seem to be more intent on arguing with the people who are trying to offer you meaningful advice rather than addressing the reasons Ket stayed in the UK longer than originally intended.

 

If she wants to return to the UK soon after her last visit, she really needs to persuade the ECO that by staying in the UK far longer than she intended last she doesn't call into question her declared reasons to return, she will also need to satisfy the decision maker that when she stayed longer than originally planned, and declared, she did so as a genuine tourist. In wishing to return to the UK as a tourist so soon she really is going to have an uphill struggle satisfying the decision maker that she really has strong ties here in Thailand, and that another visit as a tourist really is justified.

 

Keep in mind that applications are soon going to be decided by UKVI staff in Delhi who in all probability wont have local knowledge of Thailand.

[jimn]

5 hours ago, theoldgit said:

Darren, you seem to be more intent on arguing with the people who are trying to offer you meaningful advice rather than addressing the reasons Ket stayed in the UK longer than originally intended.

 

If she wants to return to the UK soon after her last visit, she really needs to persuade the ECO that by staying in the UK far longer than she intended last she doesn't call into question her declared reasons to return, she will also need to satisfy the decision maker that when she stayed longer than originally planned, and declared, she did so as a genuine tourist. In wishing to return to the UK as a tourist so soon she really is going to have an uphill struggle satisfying the decision maker that she really has strong ties here in Thailand, and that another visit as a tourist really is justified.

 

Keep in mind that applications are soon going to be decided by UKVI staff in Delhi who in all probability wont have local knowledge of Thailand.

Well said @theoldgit. Darren please listen to the advice given by the people who know best. Its pointless coming on here asking for advice and then arguing with people when they are taking time to help you. Best of luck with any future application but you have to listen and stop being stubborn. By the way the move to Delhi takes place next month in June.

Edited May 6, 2018 by jimn

[Bantex]

I previously had a query about some of the visa application questions and asked for clarification via email to the visa centre. I received no replies to my emails so I went in person with copies of the emails (which showed the dates sent) to the Trendy Building and explained at their reception. I was seen immediately by a member of staff who deals with the visas, but even he was unsure and got his supervisor, who told us what we needed to do. We found the staff to be very sympathetic towards us, we were open and honest with them re any questions they asked and their advice and guidance was exactly what we needed.

 

You could try to speak to the staff who deal with the visas face to face, but be honest with them and follow their advice, after all it’s them who process your applications. You will also have the name of whoever you speak to and can make a mention of following the advice given by them in the explanation box at the end of the application.

[theoldgit]

You could try to speak to the staff who deal with the visas face to face, but be honest with them and follow their advice, after all it’s them who process your applications.

The staff at VFS do no more than receive the supporting documents and pass them onto the UKVI, currently housed in the UK Embassy, they play no part in the decision making process whatsoever.
I’m pretty sure that on their website it says that they’re not able to provide advice.

[darren1971]

13 hours ago, theoldgit said:

Darren, you seem to be more intent on arguing with the people who are trying to offer you meaningful advice rather than addressing the reasons Ket stayed in the UK longer than originally intended.

 

If she wants to return to the UK soon after her last visit, she really needs to persuade the ECO that by staying in the UK far longer than she intended last she doesn't call into question her declared reasons to return, she will also need to satisfy the decision maker that when she stayed longer than originally planned, and declared, she did so as a genuine tourist. In wishing to return to the UK as a tourist so soon she really is going to have an uphill struggle satisfying the decision maker that she really has strong ties here in Thailand, and that another visit as a tourist really is justified.

 

Keep in mind that applications are soon going to be decided by UKVI staff in Delhi who in all probability wont have local knowledge of Thailand.

Agree... I am not intent on arguing with anyone but if someone is stating something that is untrue I will correct them, it's called debate.

[darren1971]

8 hours ago, jimn said:

Well said @theoldgit. Darren please listen to the advice given by the people who know best. Its pointless coming on here asking for advice and then arguing with people when they are taking time to help you. Best of luck with any future application but you have to listen and stop being stubborn. By the way the move to Delhi takes place next month in June.

Sorry just correcting peoples errors and assumptions with facts so I can get better advice, logical to me and not stubborn.

[darren1971]

13 hours ago, theoldgit said:

Darren, you seem to be more intent on arguing with the people who are trying to offer you meaningful advice rather than addressing the reasons Ket stayed in the UK longer than originally intended.

 

If she wants to return to the UK soon after her last visit, she really needs to persuade the ECO that by staying in the UK far longer than she intended last she doesn't call into question her declared reasons to return, she will also need to satisfy the decision maker that when she stayed longer than originally planned, and declared, she did so as a genuine tourist. In wishing to return to the UK as a tourist so soon she really is going to have an uphill struggle satisfying the decision maker that she really has strong ties here in Thailand, and that another visit as a tourist really is justified.

 

Keep in mind that applications are soon going to be decided by UKVI staff in Delhi who in all probability wont have local knowledge of Thailand.

what does 'genuine tourist' even mean? - do genuine tourists only visit for 1 month or do they sometimes stay 5 months?, I have been staying 3 months in Thailand every year for the last 9 years, genuinely as a tourist. It's another grey.

[rasg]

Sadly most of the rules and regulations that govern visa applications are not up for debate.

 

I notice that you haven’t had an answer on your latest thread. I took a look myself and did a Google and came up with some information that might have helped you but I'm not familiar with salaried employment or unsalaried employment so I thought it better that you did the Googling yourself. Maybe others have done the same because you have been so argumentative. Most who help on here do it to genuinely help and because they have been through it before.

[rasg]

2 minutes ago, darren1971 said:

what does 'genuine tourist' even mean? - do genuine tourists only visit for 1 month or do they sometimes stay 5 months?, I have been staying 3 months in Thailand every year for the last 9 years, genuinely as a tourist. It's another grey.

NO visa runs?

 

If you overstay in Thailand you can be fined and deported or both. Each time I have been to Thailand they have given me a 30 day visa.

[darren1971]

2 minutes ago, rasg said:

Sadly most of the rules and regulations that govern visa applications are not up for debate.

 

I notice that you haven’t had an answer on your latest thread. I took a look myself and did a Google and came up with some information that might have helped you but I'm not familiar with salaried employment or unsalaried employment so I thought it better that you did the Googling yourself. Maybe others have done the same because you have been so argumentative. Most who help on here do it to genuinely help and because they have been through it before.

I have done the googling and read the guidance, but it's easy to make mistakes or miss something and it's expensive to have to reapply for a settlement visa for a mistake.

If people are offended that I have corrected them when they have stated something untrue or assumed then I'm sorry, but I really don't see the point of discussing an application without facts. 

[darren1971]

3 minutes ago, rasg said:

NO visa runs?

 

If you overstay in Thailand you can be fined and deported or both. Each time I have been to Thailand they have given me a 30 day visa.

I have never broken any visa rules and neither has my gf, although it seems here the assumption is always that everyone is.

[7by7]

11 minutes ago, darren1971 said:

what does 'genuine tourist' even mean?

There is no definition of 'genuine tourist' in the UK's immigration rules.

 

There is, however, a definition of genuine visitor. This is because people visit the UK for a variety of reasons, not just tourism, and most of those reasons fall under the category of standard visitor.

Immigration Rules Appendix V: visitor rules

Quote

Introduction

A visitor is a person who is coming to the UK, usually for up to six months, for a temporary purpose, for example as a tourist, to visit friends or family or to carry out a business activity.

 

Also from that introduction

Quote

Applications are decided based on the information provided by the applicant and any other relevant circumstances at the date of decision.

The information your girlfriend provided in her application was that she planned to stay in the UK for just 1 month,  and by your own admission you and she went to great lengths to convince the ECO of the impracticalities of her staying for longer than this.

 

As has been said to you many times, the fact that she actually stayed for 5 months does not by itself mean she has broken the immigration rules nor the conditions of her visa and stay in the UK.

 

I say 'by itself' because, of course, if the intention all along was for her to stay for 5 months then she has broken the immigration rules because she is guilty of obtaining a visa by deception. Before you go off on another flight of righteous indignation on her and your behalf, note my use of the word 'if!'

 

But, as said to you before, the ECO deciding her next application could easily make that assumption unless she explains in that application why her plans changed and how she was able to extend her stay!

 

I simply cannot comprehend why you cannot get your head around that simple fact and follow our advice but instead continuously try and convince us that she hasn't broken any rules.

 

We know she hasn't broken any rules!

 

But whoever makes the decision on her next visa application wont know that. All that person will see is that following a refusal she stated in her next application that she would stay for 1 month but once in the UK actually stayed for 5, despite going to great lengths in the application to stress her family commitments in Thailand which at the time of her application precluded a longer stay.

 

So instead of arguing the toss here, simply explain why she did that and how she was able to do so to that decision maker in her next application

 

But it's up to you in the end; I'm done with someone who asks for advice and then tries to convince those offering it that they are wrong and he is right!