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Posted

Hi

I am looking to bring my Thai girlfriend over to the UK for a maximum 6 months. Then i intend returning to Thailand with her.

I met her a year ago when i visited Thailand for a month , i spent 2 weeks with her. I came back to the UK middle sept last year , then went back out to Thailand in january this year for 3 1/2 months to spend more time with her. I'm back in the UK again and now i would like her to visit me so we can continue our relationship.

So far i have bank statements , phone and internet records , photo's of my time with her including visit to see her family , job contract and cover letter confirming my identity from my employer.

I intend to fully support her while she is here. I have been supporting her financially basically since january , i can also prove this. I have my own flat ( i have all the neccessary documents to prove this , as well as photo's ) , the only problem being money. I'v only got £1500 in savings due to not being paid correctly since my return from Thiland. This is all sorted now and i hope the cover letter from my employer proves this.

I'm a little confused about the sponsor letter. Perhaps someone could explain it for me ?

I don't know if this has any relevance , but she used to work in a bar. She left the bar in december , she took a course and has since got a job in a spa resort. She does'nt think it's a good idea to mention the bar part.

thanks

Posted

Well you are half way there, that is by detailing your time together and proof that you can support her during her stay.

The sponsorship letter should explain how you met and details of your time together together with the details of the proposed trip and proof that it is affordable to you and that it's reasonable for you to do.

As I say you are only half way there, the other half is probably the biggest hurdle, the applicants reason to return. The reasons would normally be strong ties to Thailand, studies, regular employment, business, property or other strong ties. You say your girlfriend is qualified and now works in a spa resort, that is fine, but you also say you are planning a six month trip, the maximum stay allowed. Now put yourself in the shoes of an ECO, you have an applicant who says she has a job in which she has been in for only eight months or so but is already allowed to take a six month holiday to go and stay with a guy she has known for about a year. She needs to convince the ECO that the visit is genuine and that she is likely to return, what would you do given those facts?

I am not trying to be negative, just realistic, how many employers would allow their staff a six month holiday after such a short period of employment?

Posted

Thanks

Yeah i'm struggling for the reason for return. She will have to leave her job so that leaves only her family and son as a reason to return to Thailand.

Would 3 months be better ?

Posted (edited)

When will they ever learn.

O ever the optomist eh?

If you aint got nuffing constructive to say p@ss orf and say nothing.

To the OP. Your case seems quite strong, but obviously make sure that you prove everything you say, like pics together/money transfers to prove u support her etc etc. proof of relationship is a big part. I wouldnt mention the bar because there is no need to and you arent being dishonest because its not asked for.

I know that its probably not right but you could get a letter to say she has 4 weeks hols from her employer, and apply for 4 weeks. This takes care of reason to return.You will automatically get a 6 month visa if successful and then you just tell them if asked next time that the two of you were having such a good time she decided to stay. Would be pretty hard for them to hold it against u if she left the UK as per the terms of her visa. My friends have done this and got subsequent visas no probs.

Just a thought.

Edited by seaneee
Posted

When will they ever learn.

O ever the optomist eh?

If you aint got nuffing constructive to say p@ss orf and say nothing.

To the OP. Your case seems quite strong, but obviously make sure that you prove everything you say, like pics together/money transfers to prove u support her etc etc. proof of relationship is a big part. I wouldn't mention the bar because there is no need to and you arent being dishonest because its not asked for.

I know that its probably not right but you could get a letter to say she has 4 weeks hols from her employer, and apply for 4 weeks. This takes care of reason to return.You will automatically get a 6 month visa if successful and then you just tell them if asked next time that the two of you were having such a good time she decided to stay. Would be pretty hard for them to hold it against u if she left the UK as per the terms of her visa. My friends have done this and got subsequent visas no probs.

Just a thought.

I would not advise anyone to ask for a 4 week stay in the UK and stay the full 6 months if you intend to stay the full term of the visa inform the Eco of this they may pick up on this in any future applications.

Posted

When will they ever learn.

O ever the optomist eh?

If you aint got nuffing constructive to say p@ss orf and say nothing.

To the OP. Your case seems quite strong, but obviously make sure that you prove everything you say, like pics together/money transfers to prove u support her etc etc. proof of relationship is a big part. I wouldn't mention the bar because there is no need to and you arent being dishonest because its not asked for.

I know that its probably not right but you could get a letter to say she has 4 weeks hols from her employer, and apply for 4 weeks. This takes care of reason to return.You will automatically get a 6 month visa if successful and then you just tell them if asked next time that the two of you were having such a good time she decided to stay. Would be pretty hard for them to hold it against u if she left the UK as per the terms of her visa. My friends have done this and got subsequent visas no probs.

Just a thought.

I would not advise anyone to ask for a 4 week stay in the UK and stay the full 6 months if you intend to stay the full term of the visa inform the Eco of this they may pick up on this in any future applications.

So what would you use as reason to return which seems tobe the biggest reason for refusal of visa?

also if the Borders agency dont want people to stay 6 months, then why do they issue 6 month visas?

TVE , obviously you are very experienced in such matters and i respect what you say, but have you ever come across a refusal on the grounds that someone stayed longer than what they said in their application, but left the UK within the terms of their visa?

Posted

The evidence that the entry clearance officer has taken into account

The burden of proof is on you, the applicant

The standard of proof is to a balance of probabilities

Your completed application form

Your passport and your original documents that you have provided, including

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to undertake a course of study; and

(vi) will maintain and accommodate himself and any Dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any Dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);

and

(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and

(xi) does not intend to receive private medical treatment during his visit; and

(xii) is not in transit to a country outside the common travel area.

Information via Visitors UK/BA website

The problem you may have if her employer can do without her services for 6 months then is her employment a reason to return ? . I would personally advise you are totally honest if you would like your partner to stay the full six months then state this in your application.

We had a client who applied for a 1 month visa previously and came back as promised however she met a guy on the return flight who was coming for a holiday in Pattaya she ended up returning with him for the remainder of the visa. They then applied some 6 months later as a couple and got refused on several issues one of the Eco comments was that she applied for a one month stay previously but stayed a further 19 weeks and not with the original sponsor.

Example

General grounds for refusal :

You are a single person of working age you are unemployed with little or no assets. ties or property, which might encourage your presence in your country. I am not satisfied under these circumstances that you are socially and economically well settled in your country. Accordingly, I am not satisfied that you intend to leave the UK at the end of the period of the visit as stated by refuse your application under paragraph 41 (I), (ii) & (iii) of the immigration rules.

Posted

Hi,

I have a thai gf of 5 years and a 4 year old son with her. I would like to bring them back to the UK while i finish my studies for 5 years. Is it best to apply for a Settlement or Visit visa first?

I will need someone in the UK to say we will be living with them as i have been living in Thailand on and off for the past 3 years.

I own a lot of real estate in Thailand and have 2 Thai companies which i can prove i am the majority share holder , will this act in my favour.???

Does my son need a UK visa aswell, although he's half British.? He will have to enter the UK on his Thai passport.?

Thank you if anyone responds or helps me out here !!!!!

Leeon.

Posted (edited)

"TVE , obviously you are very experienced in such matters and i respect what you say, but have you ever come across a refusal on the grounds that someone stayed longer than what they said in their application, but left the UK within the terms of their visa?"

Yes, I have.

Last year a friend of mine in the UK tried to help his Thai wifes friend get a 6month UK visa. The girl had visited them them the previous year, on a 6month visa and told immigration she was staying for 4months.

Whilst in the UK, she decided to stay on for the full 6 months. When she applied for another 6 month visa, it was turned down on the basis that she didn't return to Thailand when she said she would, on the previous trip. She appealed, but it was still turned down.

My advice would be, to get a letter from her employer, saying that her job will be waiting for her on her return.

I would also show any papers to anything she owns in Thailand ie, land, property etc.

Hope this helps.

Good Luck.

Edited by jaiyenyen
Posted

Thanks

I'll see what i can come up with for her reason to return but i'm not hopefull as she only has her job.

I can but try though and hopefully get lucky

Posted

If you stated in your sponsor letter that , you understand the terms of the visa and that if she didnt return when her visa expired , she would struggle to get a visa again in the future , ok if she has no assets and only just got her job is it not ok if your just honest about this and they can see its a genuine relationship should they not issue the visa ?

Posted

with regards the saying you will stay a few weeks etc and then staying the whole term,when i first done my old tg visa,we did the same thing,after the initial 4 weeks i stated i foned up and mentioned she wanted to stay longer and was told there was no prob as the visa was valid 6 months.we also got a 2nd visa no problem at all.i am in the process of doing a new visa for a new girl(6 years ago was the other application),and have a similar problem,my gf works for a friend at a clothing shop,she is good friends with the owner and the owner said she can have her job back when she returns be it 4 weeks or 6 months,as she has friends that are willing to help her in the meanwhile.i am hoping that will suffice on our application.

steve

  • 3 weeks later...
Posted

With regards to staying longer than originally stated in the application; this is not against the rules and in itself is not a reason for refusing a subsequent application. It may be a problem with future applications, it may not; it all depends on the individual circumstances.

For example, if one said one was going to stay for four weeks and used in one's evidence an employer's letter stating that one had to return to work after that time then one's credibility may be in question if one stayed for 6 months and then used the same employer with the same condition as a reason to return in a subsequent application.

My advice is that if you do stay longer than originally stated then in your next application explain why you did so and how you were able to do so; especially if using employment as a reason to return.

Posted

I would not advise anyone to ask for a 4 week stay in the UK and stay the full 6 months if you intend to stay the full term of the visa inform the Eco of this they may pick up on this in any future applications.

My mother-in-law did this.

It wasn't intentional. She came over for the birth of the granddaughter and my wife ended up going through 17 hours of labour, then getting an emergency caesarean. As she wasn't feeling 100% after that, the mother-in-law stayed longer than she originally said she would. (She DID leave within the validity of her visa).

However, her next visit visa, the fact that she stayed longer than intended was given as the reason for giving only a single entry visa. Then, on further applications for 10 year multi-entry visas, she was only ever given a 2 year visa. (I'm possibly the only person that's happy that 10 year visas now cost more than 2 year visas - as on her next application, it will probably be a 10 year again, but this time it's more complicated for them to just give 2 as they'd have to refund some money...)

Posted

I would not advise anyone to ask for a 4 week stay in the UK and stay the full 6 months if you intend to stay the full term of the visa inform the Eco of this they may pick up on this in any future applications.

My mother-in-law did this.

It wasn't intentional. She came over for the birth of the granddaughter and my wife ended up going through 17 hours of labour, then getting an emergency caesarean. As she wasn't feeling 100% after that, the mother-in-law stayed longer than she originally said she would. (She DID leave within the validity of her visa).

However, her next visit visa, the fact that she stayed longer than intended was given as the reason for giving only a single entry visa. Then, on further applications for 10 year multi-entry visas, she was only ever given a 2 year visa. (I'm possibly the only person that's happy that 10 year visas now cost more than 2 year visas - as on her next application, it will probably be a 10 year again, but this time it's more complicated for them to just give 2 as they'd have to refund some money...)

I'm interested by your final sentence. Has there been a change of policy regarding visa fees ? As far as I know ( and I'm usually wrong ! ) you still do not get any refund if the visa is issued for a period shorter that the period that you applied for. This is a statement from the current VFS website : -

Refunds: A fee will be refundable only if the application is withdrawn in writing prior to any processing of the application and biometrics have not been taken, or if the applicant refuses to provide biometrics. Refunds will not be given if long term visit visas are granted for less than the period applied for.

If the above guidance has changed, can someone point me towards the link ?

Posted

My GF came to the UK last year on a proposed TWO week visit (she had 6 month visitor visa)and stayed TWO weeks. As this was a multiple entry visa she returned 3 months later for 5 weeks and went back to Thailand before the visa expired.

As far as I can see she has done nothing wrong, her second trip was NOT planned when she made the initial visa application and she never set out to decieve them. Of course I would mention it on the Sponsors letter and her application form:

As she had a break in her studies xxxxx returned to Scotland on 16th November 2009 and stayed for 35 days

Do you forsee any issues with this?

Posted

There is nothing wrong with this. The visa was a Multiple Entry visa, and she was legally able to enter as many times as she wanted to during the validity of the visa ( as long as she complied with the terms of the visa ie no work, etc ).

Her first visit seems to be completely in accordance with her application - two weeks visit. The fact that she went to UK a second time, and complied, really goes, IMHO, in her favour if she applies again.

Posted

There is nothing wrong with this. The visa was a Multiple Entry visa, and she was legally able to enter as many times as she wanted to during the validity of the visa ( as long as she complied with the terms of the visa ie no work, etc ).

Her first visit seems to be completely in accordance with her application - two weeks visit. The fact that she went to UK a second time, and complied, really goes, IMHO, in her favour if she applies again.

Great, thanks for this. Makes me feel more confident.

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