Visa Re=Apply

[steveweaver99]

I recently applied for a 6 month tourist visa for my Thai GF. I know that I will have to wait 12 months from the issue date of the visa before another visa can be issued, therefore she will have to remain out of the UK for 6 months. Does this apply to other visa's such as Student and settlement? I guess it does.

Thanks

[theoldgit]

Not sure where you got that information, your girlfriend (remember she applies, not you) doesn't have to wait for 12 months from the issue of a tourist visa before she can make another application.

There is no rule saying that she needs to be out of the UK for six months before she can return, though she would normally only be permitted to stay in the UK for six out of twelve months.

She can apply whenever she likes, but of course she needs to satisfy the ECO on each application that the visit is genuine and that she will return at the end of the proposed trip.

[Eff1n2ret]

"Does this apply to other visa's such as Student and settlement? I guess it does."

No, because that's a different kettle of fish. The interpretation of "6 months in 12" is applied to visit applications as a means of judging whether someone really is a visitor rather than just seeking to live in the UK on visit stamps. It would hardly be logical to apply the same criterion to a student and say in effect that he/she must absent himself from his course for 6 months.

[ThaiVisaExpress]

If she has been in the UK for 6 months upon her return she may apply for a fiancé/settlement visa immediately.

[steveweaver99]

If she has been in the UK for 6 months upon her return she may apply for a fiancé/settlement visa immediately.

Thats the answer I was looking for thanks. Can I apply for a student Visa immediately also?

>>I know that I will have to wait 12 months from the issue date of the visa before another visa can be issued, therefore she will have to remain out of the UK for 6 months

Sorry for the confusion what I meant by this was the 6 month in 12 month rule.

How about extension of permission to stay?

Are there circumstances where one may be able to switch into a different immigration category.

Cheers

[7by7]

If in the UK as a visitor one cannot switch to another category whilst in the UK; one must return home and apply for the appropriate category.

[the scouser]

And, there is no 6-months-in-12 "rule" for visitors.

It may say so in the UKBA policy, but such guidance has no effect in law. The UKBA has been clogged twice by the courts within the past 2 weeks for trying to implement binding decisions on the basis of "guidance".

Both the High Court and the Court of Appeal have found that the Home Secretary was using "guidance" as a means of making law, and that to do so is unconstitutional as the "guidance" was not approved by Parliament.

Scouse.

[steveweaver99]

It may not be law but in reality if I try and apply for another visa (on behalf of my GF) within that period of 6 months, its likely the ECO reject the applciation. And if they dont and I appeal how long could that take.

Fair comment?

Edited July 10, 2010 by steveweaver99

[7by7]

Not disputing what Scouse says, but when applying for a visit visa the applicant needs to show that they are a genuine visitor. If applying for a second visit visa shortly after spending 6 months in the UK as a visitor this may be difficult to do!

As she is your girlfriend not wife or unmarried partner this would be a general visit application, not a family visit. Therefore there would be no right of appeal if refused.

[steveweaver99]

<BR>As she is your girlfriend not wife or <B>unmarried partner</B> this would be a general visit application, not a <STRONG>family visit</STRONG>. Therefore there would be no right of appeal if refused.<BR>

<BR><BR>Just for theoretical purposes:<BR><BR>Unmarried partner: <BR>

<UL class=bbc>

<LI>There must be in existence a relationship akin to marriage which has subsisted for two years or more.

<LI>Any previous or similar relationship by either partner must have permanently broken down

<LI>The couple must intend to live together permanently.</LI></UL>What could happen then? <BR>

<UL class=bbc></UL>

Edited July 11, 2010 by steveweaver99

[7by7]

If she did meet the criteria to be classed as your unmarried partner then she would be treated the same as if she were your wife. So any application to visit you or your family in the UK would be a family visit visa and so have the right of appeal if refused.

Obviously, though, if you were living in the UK and she in Thailand it would be very difficult to show that you were living together in a relationship akin to marriage; unless you could show that your presence in the UK was only for the short term and temporary..