Uk Visitor Visa

[brian272727]

My TGF was over in the UK twice last year on a multiple entry visitor visa. The visa itself was valid from 25/06/09 - 25/12/09, she was in the UK twice: 16 days then 36 days respectively.

I have sort of asked this before but I am still a little unsure, what are the rules or issues for her applying for a second visitor visa, probably around March this year.

I recall reading about the a "6 month in 12 months rule", how does the above residence affect that decision?

Also, do you have any general advice when applying for a second visa? Do I need to include relationship proof (phone records etc )for the previous period?

Cheers

Brian

ps, Happy New Year folks, all the best for the 2010 and thanks again for your invaluable help and advice in 2009. Appreciated!

[7by7]

The general convention (not rule) is that a visitor should not normally spend more than 6 months out of any 12 in the UK.

I'm not 100% sure, but I suspect that when she applies again they would count back 12 months from her proposed date of travel and see how long she had spent in the UK as a visitor during that period. From VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK 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 absence of any other relevant factors, constitute sufficient grounds for refusal.

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

Details of her previous application and copies of the documents submitted should be on file, so it is not 100% necessary to produce all the documents again. However, I would advise providing updates of everything.

[louialive]

Does the 12 month rule apply if gf has been in UK on tourist visa, you then go back to Thailand marry and then apply for Spouse Visa to settle in the uk.

My gf has been in the UK for 5 months and goes back in a few weeks end Jan 2010, I am going to Thailand a few weeks later mid Feb 2010, we will get married and then apply for settlement visa, want to go to Thailand and come back within two weeks and she come back with me. Will that be ok

Edited January 7, 2010 by 7by7
Duplicate post, and referances to it in this one, deleted.

[7by7]

The "6 months out of 12" convention applies to visits.

As she will be re-entering with a settlement visa, it will not apply.

[torrenova]

So is the period always looking back, being the time spent during the previous 12 months or is it a rolling 12 months and if so, how do you decide which dates to use ?

[louialive]

So is the period always looking back, being the time spent during the previous 12 months or is it a rolling 12 months and if so, how do you decide which dates to use ?

Logically I would say the twelve months is from the date the visa was valid from. So if the visa was from 1 January 2009 for 6 months then the next visit visa application could be 1 January 2010.

But logic doesn't always apply with these things

[torrenova]

So is the period always looking back, being the time spent during the previous 12 months or is it a rolling 12 months and if so, how do you decide which dates to use ?

Logically I would say the twelve months is from the date the visa was valid from. So if the visa was from 1 January 2009 for 6 months then the next visit visa application could be 1 January 2010.

But logic doesn't always apply with these things

I think the 6 in 12 comes from the amount of time actually spent in the UK and not the length of the visas.

Using January to December as a period of 12 months and someone who already had Jan and Feb in the UK and May and Jun in the UK then if they applied for a 2nd visa in say September, that visa would usually be for 6 months but by December, they could have been in the UK for 7 months if you applied Jan to Dec but less than 7 months if you applied another period. It is the period of 12 months which I am asking about.

[ThaiVisaExpress]

The general convention (not rule) is that a visitor should not normally spend more than 6 months out of any 12 in the UK.

I'm not 100% sure, but I suspect that when she applies again they would count back 12 months from her proposed date of travel and see how long she had spent in the UK as a visitor during that period. From VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK 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 absence of any other relevant factors, constitute sufficient grounds for refusal.

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

Details of her previous application and copies of the documents submitted should be on file, so it is not 100% necessary to produce all the documents again. However, I would advise providing updates of everything.

Don't count on them holding your documents on file several years ago they held onto a sponsors full file then claimed they had returned this ?

My advice is put a totally updated application in and submit it at UK/VAX.

[7by7]

I think the 6 in 12 comes from the amount of time actually spent in the UK and not the length of the visas.

Correct.

Take for example a Thai who has a 10 year visit visa. Each year they make several trips to the UK, each one lasting no more than 2 weeks. As long as the total time spent in the UK during any one 12 month period does not exceed 6 months then they wont have a problem.

When does this 12 month period start? As I said before, I think it is counted back from the current application/entry, or maybe from the proposed date of leaving the UK; but I'm not sure.

To be honest, it's not something I've had any personal experience with; how many of us here have?