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

[darren1971]

18 hours ago, 7by7 said:

 

 

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.

 

 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.

Yes I can't really argue with your points and it seems the consensus is that the UKVI will see my gf's status, credibility and intentions in a negative light even though she has operated within the rules they set. I find it highly annoying because we now feel we should go for a settlement visa not because it's what we want right now, but because we don't quite fit into they system. 

[darren1971]

3 minutes ago, 7by7 said:

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

 

Also from that introduction

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!

 

take a cold shower mate... not everyone will agree with everything you say, you made assumptions and I corrected you, be done then.

[7by7]

3 minutes ago, darren1971 said:

take a cold shower mate... not everyone will agree with everything you say, you made assumptions and I corrected you, be done then.

<deleted>!

 

I made no assumptions. Everything I have posted in this topic is based either on what you have said was put in her application or is in the immigration rules.

 

It was YOU who said she only planned to stay for one month.

 

It was YOU who said family commitments meant she could not stay longer than that.

 

I, and others, have told you how to very easily deal with the fact that the reality turned out to be different to what YOU said. That YOU choose not to do so is your problem, not ours. 

 

11 minutes ago, darren1971 said:

I find it highly annoying because we now feel we should go for a settlement visa not because it's what we want right now, but because we don't quite fit into they system. 

This is only the case because YOU refuse to accept the advice you have been given.

[rasg]

54 minutes ago, darren1971 said:

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

What I am asking if you went to see Ket, you usually get a 30 day tourist visa. How do you get to stay for 90 days without a visa run? I don't know much about the Thai visa system but I have read that they are clamping down a lot and many people have been fined and some even deported.

 

Get over the indignation stuff and others might be happy to help. 7by7 has said it better than I can. He is one of the most knowledgable about UK visas that I have ever seen around the various forums and he has now gone.

 

I spent a lot of time rewriting your sponsor letter and it was probably me that suggested that you only requested a month. If Ket didn’t have that first refusal the discussion might be a little different. I think they will dig a lot deeper on her next application knowing if they grant a new visit visa that she will only have one month left out of her allocation, when they will be giving her a new visa for six months. If she stayed longer than the 180 days in total she would be breaking UKVI's guidelines and possibly the rules. If they find you have used deception they can ban Ket for ten years.

 

I too am finished with this thread. 

[jimn]

1 hour ago, rasg said:

What I am asking if you went to see Ket, you usually get a 30 day tourist visa. How do you get to stay for 90 days without a visa run? I don't know much about the Thai visa system but I have read that they are clamping down a lot and many people have been fined and some even deported.

 

Get over the indignation stuff and others might be happy to help. 7by7 has said it better than I can. He is one of the most knowledgable about UK visas that I have ever seen around the various forums and he has now gone.

 

I spent a lot of time rewriting your sponsor letter and it was probably me that suggested that you only requested a month. If Ket didn’t have that first refusal the discussion might be a little different. I think they will dig a lot deeper on her next application knowing if they grant a new visit visa that she will only have one month left out of her allocation, when they will be giving her a new visa for six months. If she stayed longer than the 180 days in total she would be breaking UKVI's guidelines and possibly the rules. If they find you have used deception they can ban Ket for ten years.

 

I too am finished with this thread. 

This has got to be one of the most interesting discussions to read in this

section for ages. I myself feel I am quite knowledgeable regarding UK visa applications. Darren, I got to this point via the valuable advice given by 7by7 and theoldgit. Agreed sometimes it might not be what you want to hear but I can guarantee that if you follow their advice you wont go far wrong. The system is far from perfect so knowing this you have to look at your gf application in the eyes of the ECO who does not know you or your gf. If there is anything in the history to raise concerns they will look into it. By recognising this and anticipating the concerns will make it much smoother. So to summarise. Us on here have raised concerns. This means that an ECO will have concerns. Take the advice mate address the concerns, stick to your plan on a visit visa first and then address Settlement which a totally separate application.

Edited May 6, 2018 by jimn

[Gillyflower]

Well I read all of the above with a great deal of interest.  I admire all you gents for giving presumably excellent advice to someone whom I rather quickly qualified as a pain in the a..e. In actual fact quite obnoxious!  I salute you for staying on as long as you did.