Mrs. Just Arrived In Uk And Only Has 7 Days Help

[Pui]

My Thai girlfriend of 3 years has just arrived in the UK 20th Dec and has to leave 27th but her ticket is for 30th and Thaiairways are completely full.

Stupidly I mistakingly advised her that it didn't matter how long she had left on the visa that she would be stamped in (as we are in Thailand for 30 - 90 day depending on visa type)

This is the 3rd trip together. We both live in Thailand.

What can we do to get an extension? Even if its only for the 3 days a week would be nice.

They told her that if she didn't leave within 7 days she would never be allowed into the UK again.

this is very stressful.

The only option at the moment is to fly back on Christmas day which will ruin everyones Christmas.

This is a complete nightmare. Does anyone have any suggestions please?

Cheers

jason

Edited December 22, 2007 by Pui

[the scouser]

I presume she has a visit visa?

Bearing in mind the time of year and that your g/f otherwise intends to leave the UK on 30 December, there's not a lot she can do: she either leaves by 27th or overstays by three days. Within the space of those three days, the immigration service are not going to come knocking on your door, but any overstay may have repercussions when applying for a subsequent visit visa.

The one thing I don't understand is your belief that the immigration officer on arrival would determine your g/f's length of stay. This has not been the case now for approximately seven years, yet more recently she has visited twice, so, empirically, you must have been aware that it is the visa itself which dictates the duration of stay.

Scouse.

[Mahout Angrit]

You really have no choice if the flights are full but if she overstays she wont be prevented from leaving or have any problems with immigration on exit. If it subsequently affects a future application for another visa then you'll have to face up to it then.

[Boo]

Is it just the airline she has booked with that is full or have you looked at getting her a new one way ticket with another airline. It maybe possible to get a flight with an airline leaving from london but which has a stop over??

[legag]

You need to do whatever it takes to get her out of UK before visa is up. It is not good to over stay with her tickets problem. Immig. ain't playing with you for her next return. Go find other one way flight, there is no other options unless she happens to be very very sick and has to check in hospital which I believe you never want that to happen, don't you?

Edited December 23, 2007 by legag

[Basil B]

On arrival did they ask to see details of her departure ticket?

Did she/you inform them that she is ticketed for the 30th?

Could try your MP if he is/she is not in the Bahamas on a Xmas jolly...

You could try the news desk at one of our daily tabloids, you may be lucky that tomorrow is one of those infamous "no news days" where they could pack the story out and may be the could contact the relevant minister for comment, they not wanting to look bad may just wave their magic wand...

BB

[Eff1n2ret]

On arrival did they ask to see details of her departure ticket?

Did she/you inform them that she is ticketed for the 30th?

Could try your MP if he is/she is not in the Bahamas on a Xmas jolly...

You could try the news desk at one of our daily tabloids, you may be lucky that tomorrow is one of those infamous "no news days" where they could pack the story out and may be the could contact the relevant minister for comment, they not wanting to look bad may just wave their magic wand...

BB

MP? Newspapers? What on earth for? The OP has made a simple mistake, and as the Scouse points out, he should have known the conditions of the visa. You make a mistake, don't expect someone else to pay. There will be a seat available on some flight on/before the 27th, pay up and look cheerful.

The IO had no discretion to grant any extension, but also has no authority to decree that someone "will never get another visa again". That's up to the ECO, who might be persuaded that an overstay of 3 days was a minor oversight, in the context of someone who is otherwise settled in their own country.

So, you either pay up or you take the chance (just like playing Monopoly!)

[Pui]

Yes we have been to the UK together before but there has always been plenty of time remaining on the visa. So i didn't enquire as to how long we could stay. we only wanted to stay a week or so. As always.

I just assumed that when you arrived you where stamped in for a certain amount of time. At least a month from the arrival date.

One of the things that annoys me is that we applied for a 12 month. Paid for a 12 month but only got 6 months. They said in the letter afterwards that we don't go to the UK often enough. Its cheeky that that keep the extra money.

For now my girlfriend is on standby for the 27th. One week in England is to short.

Then I will come back 30th separately. Provided they can get my girlfriend on the 27th flight.

There should be some way to explain to someone our mistake.

We only need a week or so. There is an office in Croydon but you can't just go you need an appointment.

There is a phone service buts down until January.

Its a nightmare. Wish i could go to the papers but doubt I'd get much joy.

Is there no way of getting a small extension in such cases.

Is there anyone to ask???

[Mahout Angrit]

Is there no way of getting a small extension in such cases.

Is there anyone to ask???

It is not possible to extend a visitors visa except in very exceptional circumstances so were it not Christmas it would not have been any easier. It is pretty clear on the visa that you have to leave before expiry so you really don't have a case. Being different to the way it works in Thailand is no defence.

With luck, you may be able to explain it away on your next application particularly as you really haven't 'taken advantage' and have only spent 'a week or so' each visit on this visa.

Depending on your trip timing there really isn't much financial gain in getting a longer term visa in view of the vast price difference, however your past schedule of visits should be proof that you do visit UK frequently for short visits so you could still request a 2 year next time if you want to take the risk of losing the fee again.

In view of your indiscretion this time I think I would be inclined to apply for another 6 month for the next time.

[the scouser]

You can make an application to the BIA for an extension, but this would cost £395.00 and would certainly not be decided by 30 December. Essentially, as soon as you made the application you would have to withdraw it again in order to get your g/f's passport back to enable her to travel on 30th. She would then have to explain in the course of a future visit visa application why she sought to prolong her stay in the U.K.

Your g/f has travelled previously on the same visa, so she (and you) must have then noticed that the immigration officer does not stamp the holder in for a certain amount of time, and to claim otherwise now does smack of being disingenuous. Indeed, you have stated that the reason why you were not previously concerned is that there was plenty of time remaining on the visa which, in itself, indicates that you had some grasp that it is the validity of the visa that is the relevant factor, not the endorsement which the immigration officer gives. Notwithstanding this, the BIA has heard umpteen times the old but-I-didn't-look-at-the-stamp-in-my-passport excuse, and it simply won't cut any ice with them.

Anyway, irregardless of the reasons why the situation arose, realistically there is nothing that can be done, and your g/f either leaves on time or she doesn't. If the latter, I don't really see a three-day overstay as being particularly heinous. Going to the press is not going to achieve anything as there is no story. Furthermore, doing so is not going to get your g/f an extension.

Scouse.