U.K. tourist visa help

[HerbyJFlash]

Hi All,

 

My thai gf is currently in the U.K. on a six month tourist visa. 
 

I have been advised that it is wise for her to leave the U.K. after 90 days as this could help with applying for the next tourist visa . 
 

Does anyone know the logic behind this ? And how long she should leave for ?

 

Also, does she have to go home for this period ? Or could we go to another country for a month ?

 

Many thanks,

Herb

[youreavinalaff]

2 minutes ago, HerbyJFlash said:

Hi All,

 

My thai gf is currently in the U.K. on a six month tourist visa. 
 

I have been advised that it is wise for her to leave the U.K. after 90 days as this could help with applying for the next tourist visa . 
 

Does anyone know the logic behind this ? And how long she should leave for ?

 

Also, does she have to go home for this period ? Or could we go to another country for a month ?

 

Many thanks,

Herb

It would depend on what she wrote on the application. If she wrote that she was staying for a couple of weeks and then stays for 6 months, it may raise some eyebrows at UKVI.

 

That said, I can't see how 90 days or 6 months would make any difference in that respect.

[HerbyJFlash]

The visa agent wrote 90 days on the application. Would the current covid situation be a reason for her not to leave. 

If she goes Thailand we will have to pay ASQ etc.

 

Many thanks 

[bigyin]

They have always been quite particular about not staying longer than the time given in the application. Don’t know whether covid-19 would be a reason for staying longer. It could impact on a future visa application.

[theoldgit]

19 hours ago, HerbyJFlash said:

The visa agent wrote 90 days on the application. Would the current covid situation be a reason for her not to leave. 

The UKVI considered her application on the details provided by her, that agent wrote that she intended to stay for 90 days implies that was her instructions, and her application would have been considered on that basis.

If she decides to stay longer it wouldn’t cause her any problems in the UK, unless in the highly unlikely event, she crossed paths with Immigration Enforcement, even then there would be no action..

Whilst there aren’t regular embarkation controls when leaving the UK, carriers record passengers leaving the UK and pass the details onto the UKBA, so her departure will be on record.

She would not be breaking Immigration Rules by staying longer than the 90 days she declared in her application, but it may well cause problems in any future by causing doubt of any declared reasons to return.

I doubt very much if playing the “Covid Card” would work, whilst the UKBA granted concessions to those who were genuinely stuck in the early days of the pandemic, with regular flights and fairly easy procedures for Thai nationals, there is no reason not to return, and of course she arrived in the UK when the Covid difficulties were well known.

In short, she wouldn’t break any Immigration Laws by “overstaying” but ECO’s may well look at the credibility of her reasons to return in any future application.

[HerbyJFlash]

@theoldgitAs ever, thanks for your answer.

 

Do you think she has to return to Thailand or could we go to another country for a holiday ?

 

Ive heard she could come back again during the six month period and that won’t be frowned upon. Is that correct? 

[bigyin]

As always theoldgit gave a much better and more detailed response than me. They are always looking for any signs that a visa applicant is looking to avoid returning home as theoldgit alluded to above and the visa was granted on the basis of a 90 day stay. If your girlfriend has had previous visitor visas and left the country at the correct time then that would count in her favor. I think at the end of the day it is really up to you.

[7by7]

On 11/18/2020 at 10:28 AM, HerbyJFlash said:

@theoldgitAs ever, thanks for your answer.

 

Do you think she has to return to Thailand or could we go to another country for a holiday ?

 

Ive heard she could come back again during the six month period and that won’t be frowned upon. Is that correct? 

 

You could go to a third country and return to the UK as long as her visa is still valid.

 

My step son and his wife did just that a couple of years ago. Came to the UK, returned home to Thailand. A few months later, while their visas were still valid, came back to the UK and while here went to Paris for a weekend and then came back to the UK before returning home.  

 

But that was before Covid and the travel and quarantine restrictions currently enforced by many countries; including the UK and Thailand. As long as it's still valid, her visa will allow as many entries as she desires; but those restrictions may make it impractical.

 

As said by @theoldgit, whilst she wont have broken any rules, any variation from what she said in her application and what she actually did could cause the decision maker to have doubts as to her veracity in any subsequent application and so should be explained in that application.

 

Remember that currently in order to return to Thailand she will need to obtain a certificate of entry from the Thai embassy and then go into quarantine for 14 days immediately she enters Thailand. Details given to you in your earlier topic:

 

[HerbyJFlash]

@7by7Thanks , yes I’m thinking a few weeks in turkey maybe cheaper and more fun than being apart and also paying for ASQ / another set of flights for Thailand to U.K.

 

Just hope it doesn’t effect the next application for a visa . I wonder if her staying longer than 90 days would come into consideration for a different type of visa such as fiancé visa .

[theoldgit]

8 hours ago, HerbyJFlash said:

@7by7Thanks , yes I’m thinking a few weeks in turkey maybe cheaper and more fun than being apart and also paying for ASQ / another set of flights for Thailand to U.K.

 

Just hope it doesn’t effect the next application for a visa . I wonder if her staying longer than 90 days would come into consideration for a different type of visa such as fiancé visa .

Turkey is nice and of course your girlfriend wouldn’t need a visa.

 

I’d be a tad nervous doing too many side trips in the current environment, my wife and I were due to stop off in Turkey on a scheduled trip to the UK and the EU recently, in the end we cancelled the lot.

 

I don’t want you to think that your girlfriend staying longer than planned is going to automatically scupper her chances in the future, but there’s always a risk, does she really need to stay longer than originally planned?
 

Whatever you decide to do, good luck.

[7by7]

15 hours ago, HerbyJFlash said:

Thanks , yes I’m thinking a few weeks in turkey maybe cheaper and more fun than being apart and also paying for ASQ / another set of flights for Thailand to U.K.

 

I don't understand the part I've italicised.

 

If she does travel to Turkey with you for a holiday, she will only be able to return to the UK if her visit visa is still valid. She will not be able to apply for a UK visa in Turkey as she is not resident there.

 

If her visa is still valid and she returns to the UK, she will have to leave when her visa expires or Covid restrictions, such as obtaining a Thai CoE, allow, whichever is later.

 

I don't know if there are any Covid restrictions such as self isolation on entering Turkey, but when returning to the UK you will have to self isolate for 14 days. If she travels straight from Turkey to Thailand she will still need a CoE.

 

When she does return to Thailand it is unlikely that she will be granted another visit visa soon after her return unless she has a genuine reason for making another visit so soon (seeing you would not be considered such!). See: Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work

 

She can, however, apply for a settlement visa, such as a fiance visa, immediately upon her return. But only do that if it is your intention to spend the rest of your lives together.

Edited November 20, 2020 by 7by7
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