2nd Visitor Visa

[spider0064]

Hi everyone,

My GF applied and was successful last year for a visitor visa at the first attempt and are now going to apply for a second next month when i visit her mid feb.

Q1. In the first application she stated that she would visit for a three to four week holiday but ended up staying nearly five months. Will this give any reason to refuse even though she returned with me and still had time remaining on the visa.

On this application she will be saying that she wants to spend 5 months with me.

Q2. As we/she will be applying mid feb. we want the next visa, if granted to begin at the end of April so that she can return with me. Do/will they post date.

Any thoughts or advice.

spider

[bridge]

Hi everyone,

My GF applied and was successful last year for a visitor visa at the first attempt and are now going to apply for a second next month when i visit her mid feb.

Q1. In the first application she stated that she would visit for a three to four week holiday but ended up staying nearly five months. Will this give any reason to refuse even though she returned with me and still had time remaining on the visa.

On this application she will be saying that she wants to spend 5 months with me.

Q2. As we/she will be applying mid feb. we want the next visa, if granted to begin at the end of April so that she can return with me. Do/will they post date.

Any thoughts or advice.

spider

Hi Spider,

What country?

Regards

bridge

[spider0064]

Hi everyone,

My GF applied and was successful last year for a visitor visa at the first attempt and are now going to apply for a second next month when i visit her mid feb.

Q1. In the first application she stated that she would visit for a three to four week holiday but ended up staying nearly five months. Will this give any reason to refuse even though she returned with me and still had time remaining on the visa.

On this application she will be saying that she wants to spend 5 months with me.

Q2. As we/she will be applying mid feb. we want the next visa, if granted to begin at the end of April so that she can return with me. Do/will they post date.

Any thoughts or advice.

spider

Hi Spider,

What country?

Regards

bridge

Should have said somewhere its for the UK

[bridge]

Hi everyone,

My GF applied and was successful last year for a visitor visa at the first attempt and are now going to apply for a second next month when i visit her mid feb.

Q1. In the first application she stated that she would visit for a three to four week holiday but ended up staying nearly five months. Will this give any reason to refuse even though she returned with me and still had time remaining on the visa.

On this application she will be saying that she wants to spend 5 months with me.

Q2. As we/she will be applying mid feb. we want the next visa, if granted to begin at the end of April so that she can return with me. Do/will they post date.

Any thoughts or advice.

spider

Hi Spider,

What country?

Regards

bridge

Should have said somewhere its for the UK

Sorry, unfortunately not my domain. There are many competent people on here who I am sure will give you some advice.

Good Luck

bridge

[mariner29]

You do not say when she visited the UK :

Frequency and duration of Visits

There is neither restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute grounds for refusal.

It is reasonable, however, for the Entry Clearance Officer to consider the stated purpose of the visit in the light of length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 of any 12 months in the United Kingdom

As she only applied for a short stay in the UK but spent considerably more time here than she applied for this may cause some concern to the ECO.

[7by7]

As long as she did not overstay she did not break any rules. However, as said above, they may ask her why she said she was only going to stay for 3 to 4 weeks but actually stayed 5 months.

She can ask for the visa to be post dated and this should be done with the initial application. When she gets the visa she must check the start date immediately as post date requests can be overlooked and any mistake cannot be rectified afterwards.

[mariner29]

If you apply for 5 weeks then why stay 5 months would the ECO have issued the visa if the applicant asked for 5 months ?

They always insert a 6 month multi entry visa but in my experience this could lead to future problems with the next application, has the applicant not lost all credibility in the covering letter they would have advised the ECO length of stay etc. The ECO can in fact feel that deception was used and this can be taken into consideration with any future applications. As a worst case scenario the general rules for refusal can in fact be used.

What would happen if you applied for a 2 week stay to attend a family function such as a wedding and stayed 6 months for an example.

Edited January 4, 2009 by mariner29

[7by7]

Quite, which is why she may have some explaining to do.

However, if she was in possession of a 6 month visa and did not overstay then she has not broken any law or the immigration rules.

[mariner29]

Quite, which is why she may have some explaining to do.

However, if she was in possession of a 6 month visa and did not overstay then she has not broken any law or the immigration rules.

I disagree as i have said the applicant should have stated they required a 5 month stay in the UK.

Technically yes they can stay the 6 months but it may affect any future applications.

Regards

[7by7]

Yes, as she said she was going to stay for 3 to 4 weeks on the application then that is what she should have done.

Yes, she may very well have to explain why she stayed for 5 months instead of 3 to 4 weeks when she next applies, and IMHO she should do this in a letter with the application rather than waiting to be asked about it.

Yes, it does effect her credibility and so, unless she had a valid, acceptable and credible reason for staying longer than originally stated, may have an adverse effect on future applications.

However, provided she left the UK before her leave to remain expired then she has not broken the immigration rules nor any law.

[mariner29]

The ECO will make a decision based on the application and any previous travel history.

[7by7]

Of course the ECO will take all factors into consideration; I have not disputed that.

However, provided she left the UK before her leave to remain expired then she has not broken the immigration rules nor any law.

[spider0064]

Hi,

Thanks for your replies, just to clear a couple of things up, having checked the copy of the orig. application she stated a 4 - 6 week holiday.

The visa started approx 24th April 2008 for 180 days, nam entered the UK with me on 26th april and we returned to thailand together on 11th sept 2008 well before the visa expired and she has remained in thailand since.

Nam will apply again on 23rd feb and ask for the start date of 20th April should a visa be granted.

Without going into too much detail my father died at the same time as we landed at LGW and also had another death in the family a few weeks later. Now, i said to nam that it would be a difficult time and that if she wanted to return sooner that it was easy to change flights. She decided not only to stay but obviously stayed longer than planned so we could do the things that we planned.

These events will be covered in my covering letter with full evidence to support.

It is this extended stay (within time of visa) that gives me concern as you have also noted in your replies.

Below is a reply i recieved from the UK border agency(i have highlighted my concerns), but i am not convinced !!!! as they also indicate.

Really just testing the water to see if anyone else has had any similar experiances with not over staying but staying longer than origionally planned.

Thanks again for taking time to reply.

spider.

Thank you for your email enquiry. The most important thing is that your girlfriend did not overstay the conditions/period of leave to enter/remain that was endorsed/shown in her passport. From the information that you have provided,we think that her staying on in the UK is unlikely to have a major adverse effect on any future visa application.

However, and as you will hopefully appreciate we cannot guarantee or predict the outcome of any visa application.

Sent by:

Public Enquiries [P]

Visa Services

International Group

UK Border Agency

London SW1A 2AH

Web-site: www.ukvisas.gov.uk

[spider0064]

Hello again,

Am i correct in thinking that they would be aware/know that only a 4 - 6 week stay was indicated on the original application form.

Thanks

spider

[mariner29]

Yes they will be aware however in your covering letter explain your circumstances and that you needed the support of your partner at the time. You was going through a bereavement which is a difficult time for anybody and I'm sure the ECO will understand. As long as you cover this area of concern it may not be an issue.

A quick note some years ago my wife applied for a 6 month tourist visa you had to attend an interview in those days. At the interview they issued a 6 month visa however the ECO explained we expect you back within 3 months because that is what you applied for. We ensured she returned in time however she could have stayed the full 6 months as already stated.

Good luck

Edited January 5, 2009 by mariner29

[spider0064]

Hi everyone,

Just want to update on how we got on, applied on mon. 23rd and received txt two days later on wed.25th. Too quick i thought at the time but hey what can we do, as we were in phuket it was the following wednesday that we went back to regent house to find out that it was successful once again.

I want to thank you for your help and advice which helped me cover off all detail in my supporting letter.

Maybe we were lucky again i dont know, but we followed all requests for info. and provided all that we could.

Once again thanks

spider