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Posted

Hello all,

My fiancee was granted a 6 month UK Tourist Visa in May and came to visit me with my son(who is a dual national and has a UK passport) in June and stayed until the 21st of September.

She is employed within her family business and therefore we supplied a letter explaining that she would have employment when she returned which I believe is important evidence for supporting a tourist visa application.

I now have plans for her to return to the UK with my son for the Christmas period and and a few months of next year but I have some doubts about our next application.... I am worried that it seems unlikely that she would return to the UK so soon when she is employed full time even though she can return to her job at anyime due to the business being owned by her family..does this affect the credibility of this evidence?

I am worried that it may seem like she has less reason(in the eyes of the visa issuer) to return to Thailand at the end of her visit.

I am planning to write a letter explaining that I wish to have my son in the UK as much as possible so he can learn English as his mother toungue and that it is impossible for me to visit Thailand for anny length of time due to employment and education commitments...does this strengthen our case? I would also state that we would not risk any overstay as we plan to get married next year and wish to apply for a settlement visa then.

Any advice on this matter would be gratefully appreciated

Best regards

Posted

You seem to have summed up the situation quite well. There is no legal bar to having two holidays in the UK so soon, but there is an unwritten rule that the maximum time allowed for visits to the UK in any twelve months is six months. Looking at it objectively, then that guidance makes sense as it is difficult to explain away almost a year's holiday ( and that seems to be the amount of time your girlfriend will be spending there ).

With your first application the fact that your girlfriend had a job to return to went in her favour. Now, looking at it from the ECO's viewpoint, he could be thinking that the job is no longer any incentive for her to return as she is prepared to abandon it for almost a year ( even if the job is in the family business ).

That said, the ECO must look at the overall picture. If you have a job, accommodation, etc, and can support your girlfriend during her stay, then maybe you can make a good case for this second visit. You have not said how old your child is, only that you want your son to spend as much time as possible in the UK to learn English. The ECO may take the view that his mother will also stay in the UK as long as possible.

You say that you plan to marry next year. Would it be possible to marry in the UK while your girlfriend is there ? If so, then she could possibly apply for a "marriage visit" visa ( which would allow her to marry, but she must leave the UK at the end of a maximum six months. It does, however, give a very good reason for the second visit. ) or a fiancee visa ( which would allow her to stay in the UK after marriage and apply for a further two years there ).

I think you are fully aware of the possibility of a refusal of a second visit visa, or you wouldnt have asked the question. Have a think about the alternatives. If you want or need any further advice, then you will surely get a few different opinions here. My viewpoint is not necessarily the only viewpoint !

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