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Posted

Hello Folks

I cant find a dam_n thing on the net regards a potential(?) visa problem:

My Mrs has a 10 year visit visa with each visit good for 180 days. We are currently in the UK and intend to stay for 6 months, then back to Thailand for 5 weeks and then back to the UK for a further 5 months before leaving.

So, someone whispered to me that there is a minimum time that the Mrs needs to stay out of the UK before returning. Can anyone confirm this to be true or false and if it is true, whats the time frame.

I will be travelling with the Mrs and can show more than adequate funds to support us and also home ownership.

One point though - and I dont think it has any relevance but its worth chucking in - I am a mature student on an MBA course and thats the reason for being on this cold, dam_n, windy island.

Thanks!

Posted

Link

A general visit, business, entertainer or sports visit visa may be valid for 1, 2, 5 or 10 years. However, you are still only entitled to stay in the UK for a maximum of 180 days (6 months). A 2 year visit visa does not mean you are entitled to stay in the UK for 2 years, for example. We recommend that you limit your stay to the period stated on your visa application or to a maximum of 180 days within a 12 month period. Lengthy periods spent in the UK as a visitor may cause an immigration or visa officer to doubt your intentions. If you breach the conditions attached to your entry to the UK, you face a future ban of up to 10 years.

How's Rayong?

Hope the links gives some insight

Moss

Posted (edited)

Hi, Desert

Moss's link contains the usual rules on how long you're allowed to stay over one year, although you do come across individuals that claim they were able to come back for another six months after only a couple of weeks abroad.

Odd that the Border Agency's own website doesn't clearly state this in relation to long-term visit visas but desperately tries to flog them as something special:

http://www.ukvisas.gov.uk/en/aboutus/features/premiumvisa

"A long-term visit visa demonstrates our long-term commitment to our valued and trusted customers..." Yes, I'm sure it does :)

Edited by paully
Posted
Link
A general visit, business, entertainer or sports visit visa may be valid for 1, 2, 5 or 10 years. However, you are still only entitled to stay in the UK for a maximum of 180 days (6 months). A 2 year visit visa does not mean you are entitled to stay in the UK for 2 years, for example. We recommend that you limit your stay to the period stated on your visa application or to a maximum of 180 days within a 12 month period. Lengthy periods spent in the UK as a visitor may cause an immigration or visa officer to doubt your intentions. If you breach the conditions attached to your entry to the UK, you face a future ban of up to 10 years.

Moss

Thanks for that Moss, much appreciated. Its all very grey though! They 'recommend' that you limit the stay, I wonder if that means we will or wont be refused entry!?

I wish I was there mate.........The UK is hard work!

Posted
Just out of interest, how much did you pay for the 10 year visa?

Thanks

TP

Hi -Maybe around 150 quid, Im not too sure, it was a few years ago now. First visa was 5 years, second 10 years. It was easy to get, just required the usual paperwork but no interview.

Its in an old passport now, attached to the new E passport.

It certainly makes unplanned trips easier! Just as long as we dont have a problem reentering this time around!

You'd think that the UK would welcome a foreigner who bring currency into the country and is no strain on public funds..........I will just copy all our financial info and take it with us just in case!

Posted
Hi, Desert

Moss's link contains the usual rules on how long you're allowed to stay over one year, although you do come across individuals that claim they were able to come back for another six months after only a couple of weeks abroad.

Odd that the Border Agency's own website doesn't clearly state this in relation to long-term visit visas but desperately tries to flog them as something special:

http://www.ukvisas.gov.uk/en/aboutus/features/premiumvisa

"A long-term visit visa demonstrates our long-term commitment to our valued and trusted customers..." Yes, I'm sure it does :)

Well, we havent got time to start fannying around trying to sort new visas and this 10 year one is current.

Someone asked me why we didnt change it to a settlement visa - but we dont want to settle, we just want me to get this dam_n masters and then sod off abroad again. We spend whilst here, I pay my bills, I own the house, run a motor..........how can they say no to entry?

Hey well, time will tell.

Posted

I should also add that the Mrs has been to the UK about 10 - 12 times, cant tell which from all the stamps and always left on time - hopefully that accounts for something also. I am a student but we have plenty of the folding stuff.

Posted
Link
A general visit, for 10 years. However, you are still only entitled to stay in the UK for a maximum of 180 days (6 months). We recommend that you limit your stay to the period stated on your visa application or to a maximum of 180 days within a 12 month period. Lengthy periods spent in the UK as a visitor may cause an immigration or visa officer to doubt your intentions. If you breach the conditions attached to your entry to the UK, you face a future ban of up to 10 years.

Moss

Thanks for that Moss, much appreciated. Its all very grey though! They 'recommend' that you limit the stay, I wonder if that means we will or wont be refused entry!?

I read it as 'recommending', because they may see it as something other than a visit and so can lead to a false application and can lead to a 10 year ban if they feel it has been a deliberate attempt at deception.

I also read it as you can only stay for a max 6 months in any 12 month period, but the bullet points Paully's link is woefully ambiguous and I haven't had time to read the application notes.

It is fairly obvious you are not in this bracket, however they do have strange and sometimes perverse thought processes.

I generally chat to Scouse on a Friday, I'll see if he will give an interpretation that will help, only because you are a Rayong resident of course :)

Moss

Posted

A long term visit visa is for regular travellers to the UK, so that they don't have to apply for a new visa each time. It is not intended for use as a way of circumventing the settlement rules and the usual conditions attatched to a visit visa apply.

If an IO at a port of entry has reason to suspect, such as long periods in the UK and short periods out of it, that the holder of a long term visit visa is not a genuine visitor, e.g. intends to remain in the UK for longer than the rules allow, then said visitor can be questioned and if they fail to satisfy the IO's concerns they can be refused entry.

As I understand it, the 'no more than 6 months out of 12' as a visitor is not a rule, but a convention. However, if a visitor wants to exceed this limit they will, if questioned, need to have a convincing explanation of why they need to do.

Posted

No-one can foresee what will actually occur as this will only become apparent when you arrive back in the UK.

If questioned in any detail by the IO at the airport, you and your wife should reiterate what you have posted here with a view to demonstrating that you have no intention of staying in the UK beyond your studies. Possibly take with you evidence of the course you are studying and the anticpated end date. Additionally, if you have employment arranged abroad for a later date, then also produce evidence of that.

The nub of the matter is to satisfy the IO that your wife is only visiting the UK. It is the circumstances of your study that mean her having to stay for what might be perceived as "too long" as a visitor, but settlement is not the intention as you envisage leaving the UK as soon as your course is completed. If your wife is refused entry, she will be given the right of appeal from within the UK unless the IO can demonstrate to at least the balance of probabilities that she is coming for a completely different purpose; e.g. she holds a visit visa but intends to settle. Consequently, you and your wife should maintain your stance that she is only visiting, and give them no grounds to believe that any other purpose is intended.

If they refuse her without an in-country right of appeal, they will try to remove her on the first available flight. Should it come to that, you need to ask the IO to grant her temporary admission, and seek legal advice immediately from a solicitor rather than an OISC adviser as you would then be looking at getting an emergency injunction against her removal with a view to having the decision to refuse/remove judicially reviewed.

Scouse.

Posted
Its any 6 months out of 12, as a guide if she visited on Jan 1 st and stayed 3 months then she may visit again for a further 3 months before Jan 1 the following year.

OK - understood and thanks for that.

However, if we stick to the original plan above in my first post, do you think she would be turned away from visiting despite all the paperwork proving we have means to support? Only Moss knows me here, so I can state the details.......I can show about half a mill in assets. Surely they wont say no?

Posted
A long term visit visa is for regular travellers to the UK, so that they don't have to apply for a new visa each time. It is not intended for use as a way of circumventing the settlement rules and the usual conditions attatched to a visit visa apply.

If an IO at a port of entry has reason to suspect, such as long periods in the UK and short periods out of it, that the holder of a long term visit visa is not a genuine visitor, e.g. intends to remain in the UK for longer than the rules allow, then said visitor can be questioned and if they fail to satisfy the IO's concerns they can be refused entry.

As I understand it, the 'no more than 6 months out of 12' as a visitor is not a rule, but a convention. However, if a visitor wants to exceed this limit they will, if questioned, need to have a convincing explanation of why they need to do.

Very useful - thank you. Do you think that our reasons as outlined above in my OP would be a convincing explanation?

Posted

They can refuse entry if they can demonstrate that a material change of circs has occurred: a simple belief is not enough.

However, there is no suggestion here that circumstances have materially changed. It's a question of whether the wife's re-entry to the UK as a visitor, having just spent 6 months there in the same capacity, is a ground for refusal. If anything, the only thing they could consider refusing her upon is a change in purpose, but on the basis of the information provided, that would be rather tenuous.

Scouse.

Posted
No-one can foresee what will actually occur as this will only become apparent when you arrive back in the UK.

If questioned in any detail by the IO at the airport, you and your wife should reiterate what you have posted here with a view to demonstrating that you have no intention of staying in the UK beyond your studies. Possibly take with you evidence of the course you are studying and the anticpated end date. Additionally, if you have employment arranged abroad for a later date, then also produce evidence of that.

The nub of the matter is to satisfy the IO that your wife is only visiting the UK. It is the circumstances of your study that mean her having to stay for what might be perceived as "too long" as a visitor, but settlement is not the intention as you envisage leaving the UK as soon as your course is completed. If your wife is refused entry, she will be given the right of appeal from within the UK unless the IO can demonstrate to at least the balance of probabilities that she is coming for a completely different purpose; e.g. she holds a visit visa but intends to settle. Consequently, you and your wife should maintain your stance that she is only visiting, and give them no grounds to believe that any other purpose is intended.

If they refuse her without an in-country right of appeal, they will try to remove her on the first available flight. Should it come to that, you need to ask the IO to grant her temporary admission, and seek legal advice immediately from a solicitor rather than an OISC adviser as you would then be looking at getting an emergency injunction against her removal with a view to having the decision to refuse/remove judicially reviewed.

Scouse.

This is brilliant information - and appears well informed. Thank you.

I have fired off an email to the Borders agency and we will take our chances at immigration - we usually go through the UK passport holders side , so maybe we'll do the same this year.

Folks, thank you for taking the time to post . The UK and this dam_n course is tough enough, so its good to have herindoors her with me before we leave again. I wouldnt want us to be apart for 6 months. We couldnt be apart anyways as we want to get in the family way.

Thanks again!!!

Posted
"Suck it and see", as they say, Desert, using Scouse's habitually excellent advice. Good luck.

Sounds like good advice! We cant start changing plans now. Id have to quit uni and its costing a bleedin fortune.

Lets hope we get a friendly on the gate on the way back in and I'll have my docs in order.

I'll add the follow up in March, hopefully from the UK , with the Mrs, after a good holiday.

Cheers all. :)

Posted
I generally chat to Scouse on a Friday, I'll see if he will give an interpretation that will help, only because you are a Rayong resident of course :)

I am still going to bore the he.ll out of you tonight :D

Posted
I generally chat to Scouse on a Friday, I'll see if he will give an interpretation that will help, only because you are a Rayong resident of course :)

I am still going to bore the he.ll out of you tonight :D

See you on the beach sometime mate. Thanks again!

Posted
I generally chat to Scouse on a Friday, I'll see if he will give an interpretation that will help, only because you are a Rayong resident of course :)

I am still going to bore the he.ll out of you tonight :D

I'll be in the pub from 8-ish!

Scouse.

  • 4 months later...
Posted

Thanks all for the tips.

Herindoors and I arrived at Heathrow this morning and it went like this:

Good Morning - what's your relationship?

Husband and Wife

Just visiting?

Yes.....

For a short time?

Maybe 2 months, if I get my research done, if not perhaps 4 months, I......

Remember not more than 6 months...(stamps) Goodbye.

___________

Got pulled at customs though when the drugs dog ID'ed our bags - must have been a right attack on the mutt's senses with about 20KG of Ga-chai, Bai ma-goot and Hua Kha weighing me down.

Job done.

Cheers Scouser for all the tips, I had copies of investments, house registrations in UK & Thai but luckily, we must have looked respectable or they spotted the 13 entries in the last few years and thought we were a good bet. Thanks again. If a chap with the initial PK gets in touch, he's a referral.

Posted

Yo

Hope the studies go well,

If you end up anywhere near Oxford, perhaps that drink will be more forth coming than HMRP or Fishtown

Good Luck

Moss

Posted
Yo

Hope the studies go well,

If you end up anywhere near Oxford, perhaps that drink will be more forth coming than HMRP or Fishtown

Good Luck

Moss

For sure mate.

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