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Posted

I have posted a couple of times a while ago re this but I am still a bit worried.

I am going to finalise her UK visitor application tomorrow and would put my mind at rest if someone has experience of the following:

TGF got a 6 month UK visitor Visa valid: 25th June - 25th December 2009, she came to the UK twice, once for 16 days, once for 35 days.

I have heard about this "6 months in a one year period" rule for staying in the UK.

Will she be ok to apply for a visitor visa this month?

Anyone got any experience on this? Should I mention it in sponsor form? Should she mention it in additional information page section??

Thanks

Brian

Posted

Yes, she can apply for a visa as a visitor straight away, the six month in twelve month rule kicks in the day she arrived in the UK, and means she cannot spend more than six months in the UK in a twelve month period.

When she applies for a visa she might want to give details of her previous visits, you are required to anyway, and point out that she complied with the conditions of her previous visa. She will still need to explain the reasons for the proposed trip, the ECO will need to be convinced that she is not using tourist visas to reside in the UK for considerable lengths of time.

Obviously she will still need to provide proof that she is likely to return home at the end of the visit as well as financial provisions from herself or you, as her sponsor.

Good luck.

Posted
Outline days spent in the Uk to the ECO otherwise he/she may miss this.

Thanks, I shall do.

I have heavily mentioned her previous trips to the UK as I know these may enchance her application chances.

Another quick question...

I notice the actual visa application form is not conducive to allowing for much information, the text boxes are small and have a max length of characters set.

As this is the case how much of what is said in the SPONSORS letter is taken into account?

We need to explain our situation re her visit and are wondering what the best place to do this is.

Thanks

Brian

Posted
As this is the case how much of what is said in the SPONSORS letter is taken into account?

The sponsors letter is very important will be read and the facts taken into consideration, as will a covering letter from the applicant.

Bear in mind that the ECO will consider many applications a day and probably read a large number of sponsors letters, so make sure the letter is not too long and readable, with the relevant points jumping out to the reader.

Posted
As this is the case how much of what is said in the SPONSORS letter is taken into account?

The sponsors letter is very important will be read and the facts taken into consideration, as will a covering letter from the applicant.

Bear in mind that the ECO will consider many applications a day and probably read a large number of sponsors letters, so make sure the letter is not too long and readable, with the relevant points jumping out to the reader.

Thanks, I was actually thinking about the length of the letter,

Would you recommend bullet points as opposed to a 3 page letter detailing our history, plans, finances etc?

eg

  • Dec 2008 - Met her at ...
  • Mar 2009 - I visted her in Thailand and we went to Kuala Lumpur
  • May 2009 - I visted her in Thailand and and we travelled to Phuket to meet her mother
  • May 2009 - Applied for Visa to the UK, this was accepted
  • Jul 2009 - Came to the UK for a 2 week stay
  • Oct 2009 - I visted her in Thailand and met her family

Posted

Yes.

Then go into more detail or clarification of the answers on the application form if you feel it's necessary, and finally a list of the supporting documents.

Try to keep it to two pages, three at the maximum.

Posted

Stress the fact that she only spent less than 2 actual months in the UK on her last visa. From general reading on the forum 2 or 3 recent applications have been turned down flat due to being within a couple of months of the end of the last visa. Seems they are cracking down on the 6 in 12 rule these days.

Posted
Stress the fact that she only spent less than 2 actual months in the UK on her last visa. From general reading on the forum 2 or 3 recent applications have been turned down flat due to being within a couple of months of the end of the last visa. Seems they are cracking down on the 6 in 12 rule these days.

This is actually quite worrying then, is there any official word on this?

I have included the following in my sponsors letter:

* Please note that xxxxxxx has only spent 51 days in the UK previously so would not exceed the ‘6 months in 12 months’ rule which I believe is in effect. If necessary she would have no problem being issued with a visa, valid for only 4 months.

Thoughts on this?

Posted
Stress the fact that she only spent less than 2 actual months in the UK on her last visa. From general reading on the forum 2 or 3 recent applications have been turned down flat due to being within a couple of months of the end of the last visa. Seems they are cracking down on the 6 in 12 rule these days.

This is actually quite worrying then, is there any official word on this?

I have included the following in my sponsors letter:

* Please note that xxxxxxx has only spent 51 days in the UK previously so would not exceed the '6 months in 12 months' rule which I believe is in effect. If necessary she would have no problem being issued with a visa, valid for only 4 months.

Thoughts on this?

I don't think they will issue a visa for 4 months. I think the standard visa is 6 months.

No, there's no official word on this, but I remember that in the last 2 or 3 months a few people have posted that their application was turned down due to being applied for soon after a visa had finished and the 6 months in 12 rule being used. I can't remember if the people who posted had used the previous visa for almost the full stretch. Anyway, you can pply and see, but just stress that only 2 months was used and you are aware of the 6 in 12 rule and don't wish to break that.

Posted

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

From what you have previously posted, I do not see her having a problem over this point.

See theoldgit's response above, and those given to you when you have asked about this before.

I have included the following in my sponsors letter:

* Please note that xxxxxxx has only spent 51 days in the UK previously so would not exceed the '6 months in 12 months' rule which I believe is in effect. If necessary she would have no problem being issued with a visa, valid for only 4 months.

Also say why she is visiting again, and then you will have done all that you can do about this point.

Some will tell you that this may be a problem; others that it probably wont. The only way to find out for sure is to submit the application and see what happens.

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

From what you have previously posted, I do not see her having a problem over this point.

See theoldgit's response above, and those given to you when you have asked about this before.

I have included the following in my sponsors letter:

* Please note that xxxxxxx has only spent 51 days in the UK previously so would not exceed the '6 months in 12 months' rule which I believe is in effect. If necessary she would have no problem being issued with a visa, valid for only 4 months.

Also say why she is visiting again, and then you will have done all that you can do about this point.

Some will tell you that this may be a problem; others that it probably wont. The only way to find out for sure is to submit the application and see what happens.

7by7, thanks for your response.

Your are correct, I can only wait and see what happens.

I would think that others that have been turned down recently probably would have spent the FULL 6 months in the UK. I have made it clear as glass that she has only spent 51 days in the UK previously and that she only wants to come for a further 28 days.

The point is, that by issuing a 6 month visa to someone IMMEDIATELY after they have spent 6 months in the UK would mean that they would DEFINITELY breach the 6 in 12 rule, no arguments. Whereby issing a 6 month visa to someone in my GF's situation would only allow the POTENTIAL to break the rule. The fact of the matter is, that any visa issued to enter the UK provides the holder with the POTENTIAL to overstay and break the rules.

Does anyone else have any experience of this?

Posted

We were obviously very lucky. My wife (gf then) had a number of visas quite close to each other and we (unintentially) broke the six in twelve months rule twice. I have to admit I was in blissful ignorance of this rule but further visas were issued without problem.

I suspect it would be unwise to count on this being the case so make it clear the days spent in the UK. It is sometimes a fine line between visa types. For years my wife spent part of the year here and part at our home in Bangkok without problems with tourist visas.

I am not sure if the policies have changed to push applicants to get more expensive visas.

One advantage with a visitors visa is the local authority do not consider a visitor needs to pay council tax if the household is claiming single persons discount. I checked on this when our council were having a blitz on council tax avoidance.

Posted
We were obviously very lucky. My wife (gf then) had a number of visas quite close to each other and we (unintentially) broke the six in twelve months rule twice. I have to admit I was in blissful ignorance of this rule but further visas were issued without problem.

I suspect it would be unwise to count on this being the case so make it clear the days spent in the UK. It is sometimes a fine line between visa types. For years my wife spent part of the year here and part at our home in Bangkok without problems with tourist visas.

I am not sure if the policies have changed to push applicants to get more expensive visas.

One advantage with a visitors visa is the local authority do not consider a visitor needs to pay council tax if the household is claiming single persons discount. I checked on this when our council were having a blitz on council tax avoidance.

Cheers man, advice noted.

Posted
I am not sure if the policies have changed to push applicants to get more expensive visas.

As far as I'm aware, this has been policy for some time; certainly for the last 8 years or so that I've been taking an interest.

Even if one holds a 2, 5 or 10 year visit visa one is still subject to this convention (not rule!). The reason is to stop people using visit visas as quasi settlement visas.

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

(My emphasis)

That word 'normally' is important, as it allows both ECOs and IOs to use their discretion.

Posted
We were obviously very lucky. My wife (gf then) had a number of visas quite close to each other and we (unintentially) broke the six in twelve months rule twice. I have to admit I was in blissful ignorance of this rule but further visas were issued without problem.

I suspect it would be unwise to count on this being the case so make it clear the days spent in the UK. It is sometimes a fine line between visa types. For years my wife spent part of the year here and part at our home in Bangkok without problems with tourist visas.

I am not sure if the policies have changed to push applicants to get more expensive visas.

One advantage with a visitors visa is the local authority do not consider a visitor needs to pay council tax if the household is claiming single persons discount. I checked on this when our council were having a blitz on council tax avoidance.

Cheers man, advice noted.

Posted

returned from uk with thai gf after 6months stay in uk ,,,,,,,,,,on jan 20th 210,,,,,,,,,applied for another visa for her to visit uk from april 210,,,,,,,,,that was on feb 23rd,,,,,,,,,,,visa granted again ,,,,,but from feb23rd,,,,,,,,,,,,,,,,,dont know why they dated from feb,but happy she got it anyway ,,,,,,,,,,,,,

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