Thia wife, daughter wants to visit UK for 2+ months

[ilgitano]

I have been married to my Thai wife about 6 years now. I am dual UK/NZ passport holder, living and working in the UK for 15+ years. My wife has been here 2 years on spouse visa, we're just gearing for the next phase for her, Further Leave to Remain.

 

This about her daughter, 34 years old. She visited us may last year, and stayed for a month. She would like to come again, and I'm sure that a month would not be a problem. She would like to stay longer though, up to 6 months.

 

We would be sponsoring her of course, she wants to see what she can of europe, and UK while here. Spend time with her mother an me.

 

I'm worried about requesting 5-6 months and being refused. Then being refused forever after because of that application.

 

Can anyone offer advice? Is it safe to apply, and what are her chances of being approved?

[Mr Smithy]

Mmm - 6 months is a long time - She would have to convince the ECO that on the balance of probability she would return to Thailand. She would also require a Schengen visa to visit Europe.

[ilgitano]

 

5 hours ago, Mr Smithy said:

Mmm - 6 months is a long time - She would have to convince the ECO that on the balance of probability she would return to Thailand. She would also require a Schengen visa to visit Europe.

With her mother in the process of getting residency, wouldn't making clear that she wouldn't want to put her mothers residency be a good argument? Would my wifes residency be put at risk by her daughter overstaying? I'm very sure she wouldn't, but if there was a real risk, that would strengthen the application.

 

For a schengen visa, I was assuming that if she was here in the UK with us when we applied, there shouldn't be a problem.

 

Also, my wife is starting to have some health issues, sciatica and osteoarthritis, just getting older. My wife and daughter would like to be together to help her with that. Something else I am not sure I want appearing in my wifes residency process.

 

So, would a failed request for 6 months be held against her in future applications?

 

[theoldgit]

1 hour ago, ilgitano said:

So, would a failed request for 6 months be held against her in future applications?

No it wouldn't as each application is judged on its own merits, would could cause a problem is if she applied for a visa stating that she intended to stay for a couple of months and then stayed for six, it wouldn't be illegal but it would cast doubt on any future application.

A tricky one this, as the previous poster has indicated the decision maker would need to be satisfied that the daughter has strong enough ties to Thailand that would not be affected by a six month absence. 

 

[LukKrueng]

When she applied last time - how long was the Visa valid for? Single or multiple entrees? When she arrived at the UK how long was she permitted to stay? 

As for schengen Visa, AFAIK she has to apply in her country of residence, so she might not be able to get the Visa in the UK. 

If it was me I'd apply for multiple entry to the UK saying I plan to travel with my mother in Europe. Once she has the UK Visa it shouldn't be difficult to get a multiple schengen Visa and then do some "border runs"

[Scouse123]

On 12/18/2019 at 2:20 PM, ilgitano said:

 

With her mother in the process of getting residency, wouldn't making clear that she wouldn't want to put her mothers residency be a good argument? Would my wifes residency be put at risk by her daughter overstaying? I'm very sure she wouldn't, but if there was a real risk, that would strengthen the application.

 

For a schengen visa, I was assuming that if she was here in the UK with us when we applied, there shouldn't be a problem.

 

Also, my wife is starting to have some health issues, sciatica and osteoarthritis, just getting older. My wife and daughter would like to be together to help her with that. Something else I am not sure I want appearing in my wifes residency process.

 

So, would a failed request for 6 months be held against her in future applications?

 

 

 

Hi,

 

I have actually done what you are attempting to do. However, I went and applied for a Spanish visa in the UK after I had obtained a multi entry UK visa.

 

They DON'T LIKE IT DONE THAT WAY and you risk refusal. I did get it at that time but was told very clearly that in future we had to apply in her country of residence.

 

You then have another problem. The UK likes you to get the visa first and then make travel plans. The Schengen visa is the other way around usually and they prefer travel plans and bookings and then issue a visa.

 

There are ways round it as people make provisional flight and hotel bookings to obtain the Schengen visa initially and then change according to their plans.

 

The girl will automatically have a right to stay in the UK for six months, but believe me, it is frowned upon very much to say she is staying a month or two and then staying six months. I would be totally upfront, it's the best way I have done it many times without refusal.

 

Clearly state her intentions to have a look around Europe and to use UK as her family base whilst she is there. They will look at previous applications if she makes further requests for visas.

 

Regards her mothers ailments , they do not really take this into consideration unless it is serious.

 

Her mothers residence application would have no bearing as her mother cannot guarantee her return to Thailand once she is there no matter what you think. It's all been done before.

 

 

 

 

 

Edited December 19, 2019 by Scouse123

[worrab]

On 12/17/2019 at 6:41 PM, ilgitano said:

She would like to stay longer though, up to 6 months.

This will not be a problem as the minimum time on a UK Visa is 6 months. Having visited before then this application should not be a problem.

Having got the UK Visa then she will have to visit the Embassies, in Bangkok, of the countries she wishes to visit to obtain the necessary Schengen Visas.

[Mr Smithy]

2 minutes ago, worrab said:

of the countries she wishes to visit to obtain the necessary Schengen Visas

There is only one Schengen visa - Application is made to the country through which the Schengen area is entered.

https://www.schengenvisainfo.com/tourist-schengen-visa/

[KhaoYai]

14 hours ago, LukKrueng said:

When she applied last time - how long was the Visa valid for? Single or multiple entrees? When she arrived at the UK how long was she permitted to stay? 

Unless things have changed recently, the UK doesn't issue single entry tourist visas, they are multi entry and the usual duration is 6 months.

 

Legally, the holder of that visa is entitled to stay in the UK for 6 months or enter any amount of times before the visa expires.  However, on each entry UK Immigration have the right to deny entry to anyone who's circumstances have changed since the original application (they have full details available).  So for example, if someone stated they intended to stay in the UK for 2 weeks because they had a 2 week school holiday, did that, left and tried to enter again on their multi entry visa, the I.O. is entitled to question them as to their original statement and if he/she is not satisfied, they can refuse entry. Alternatively, if 2 weeks is stated and they stay 6 months, the same can happen.  However, it should be noted that it is illegal for the UK's authorities to place any limits on the visa other than the normal visa length (usually 6 months) - all they can do is examine the original application and the circumstances stated that lead to the visa being granted. If they have changed they can refuse entry. For example, if the applicant is questioned on entry and states they intend to stay for 2 months when they stated 2 weeks on the application, their circumstances, as stated on their original application would be checked. If these now differ and materially affect the statements given in the original application, they can be denied entry.

 

It is actually quite common for people to stay longer than they originally stated, it may lead to closer scrutiny of any subsequent visa application but if no rules have been broken, a longer than stated stay cannot in itself, be used as a reason to refuse. In practice though, an I.O. may be able to state that the applicant had lied on the original application - in which case the rules have been broken.

 

An ex girlfriend obtained a UK tourist visa in 2009, I was her sponsor. She stated that she wished to stay for 2 weeks and supplied a letter from her employer confirming they were OK with her being away from work for that time and that he job would be there when she returned.  However, whilst she was in the UK she decided to quit her job so she could stay longer. I immediately e-mailed the British Embassy Visa Section in Bangkok advising them of that and asking if it was OK. I did not get a reply but I kept a copy of the e-mail and submitted it with her next application the following year - together with an explanation of why she stayed longer - she got the visa.

 

The key here is to notify any longer than planned stay and to properly explain the reasons in any future application.

 

Unfortunately it is no longer possible to email the visa section in Bangkok. Anyone wishing to notify a change in circumstances must find another way to contact the UK authorities.

Edited December 19, 2019 by KhaoYai

[Jip99]

1 hour ago, KhaoYai said:

Unless things have changed recently, the UK doesn't issue single entry tourist visas, they are multi entry and the usual duration is 6 months.

 

Legally, the holder of that visa is entitled to stay in the UK for 6 months or enter any amount of times before the visa expires.  However, on each entry UK Immigration have the right to deny entry to anyone who's circumstances have changed since the original application (they have full details available).  So for example, if someone stated they intended to stay in the UK for 2 weeks because they had a 2 week school holiday, did that, left and tried to enter again on their multi entry visa, the I.O. is entitled to question them as to their original statement and if he/she is not satisfied, they can refuse entry. Alternatively, if 2 weeks is stated and they stay 6 months, the same can happen.  However, it should be noted that it is illegal for the UK's authorities to place any limits on the visa other than the normal visa length (usually 6 months) - all they can do is examine the original application and the circumstances stated that lead to the visa being granted. If they have changed they can refuse entry. For example, if the applicant is questioned on entry and states they intend to stay for 2 months when they stated 2 weeks on the application, their circumstances, as stated on their original application would be checked. If these now differ and materially affect the statements given in the original application, they can be denied entry.

 

It is actually quite common for people to stay longer than they originally stated, it may lead to closer scrutiny of any subsequent visa application but if no rules have been broken, a longer than stated stay cannot in itself, be used as a reason to refuse. In practice though, an I.O. may be able to state that the applicant had lied on the original application - in which case the rules have been broken.

 

An ex girlfriend obtained a UK tourist visa in 2009, I was her sponsor. She stated that she wished to stay for 2 weeks and supplied a letter from her employer confirming they were OK with her being away from work for that time and that he job would be there when she returned.  However, whilst she was in the UK she decided to quit her job so she could stay longer. I immediately e-mailed the British Embassy Visa Section in Bangkok advising them of that and asking if it was OK. I did not get a reply but I kept a copy of the e-mail and submitted it with her next application the following year - together with an explanation of why she stayed longer - she got the visa.

 

The key here is to notify any longer than planned stay and to properly explain the reasons in any future application.

 

Unfortunately it is no longer possible to email the visa section in Bangkok. Anyone wishing to notify a change in circumstances must find another way to contact the UK authorities.

Good post.

 

’Standard Visit Visas’ are indeed multiple entry and granted for “6 months” (quoting validity dates that are a calendar 6 months)........in reality this is qualified by the statement at the bottom of the visa that states “180 days”.

 

Care re unintended overstay.

 

AFAIK there is no longer a visa section in Bangkok (that is involved in the decision process), it has been suggested that retained staff may sit there to stick the visa in the applicant’s passport.

 

UKVI In India can be contacted by email but there is a fee involved.

[sandyf]

I knew someone that was in a similar position. The Thai lady and her husband had been in the UK for several years and her daughter, late 20's, came over on a visitor visa without any problem. Similarly, about a year later she applied to go to the UK again and the application was rejected on the basis of no clear intention to return.

The application would need to be prepared very carefully with some strong reasons why the daughter would return.

[RAZZELL]

What does the daughter do to enable 6 months holiday from work?

 

All the above issues have to be addressed.

 

If you wrote a letter saying it is a "once in a lifetime opportunity to visit the UK and Europe before blah blah" you may have a choice.

 

 

RAZZ