Next Visa

[crunchy24]

Hi all, i just want to thank everyone for there interest in my visa problems. Im happy to say shortly after posting the last topic my girlfriend and i got the visa and we are now back together in England where everything is going well.

My girlfriends visa runs out on the 26th of feb 2011 and we want to re-apply again straight away,(im doing it myself this time) we are thinking of doing a fiancee visa this time but ive read that it only lasts for 6 months and you have to be married within the six months, so i sort of feel pressured into getting married so we can be together, is this correct?

My girlfriend is loving England and only really wants me and her to return to Thailand for a sort holiday and to apply for the next visa.

Do you feel the fiancee visa is the best way forward? If so, can you give me some main pointers of what i should make sure i enter in the next application.

Many thanks!

Thanks again for your interest and help!

[VisasPlus]

From the way your post is worded it sounds like your girlfriend has stayed the whole 6 months of her visit visa in the UK, and you now want to apply for another visa for her to stay another six months as a visitor. There are several points to consider here. Firstly, did you apply for her to stay in the UK for six months ? If not, then you may have a problem with a second visit visa. Secondly, a fiancee visa allows your girlfriend to stay in the UK for up to six months, during which time you must marry. She can then apply for further leave to remain for two years.

In all honesty, a second visit visa so soon is pushing your luck if she has already been in the UK for six months. The ECO is likely to take the view that she is actually living with you as your partner, rather than visiting the UK. She had to give a reason, at the time of the first application, for having to return to Thailand after her visit to UK. What was it, and does it still apply ? If you go for another visit visa she will again have to give a reason for returning to Thailand. Can she do that, and will the ECO believe it ?

Nobody can tell if a fiancee visa is the best way forward. That is for you and your girlfriend to decide. To be honest, you don't sound as if you want to marry her.

[Rayongy]

Crunchy, why have you decided to apply for the visa yourself this time?

[crunchy24]

From the way your post is worded it sounds like your girlfriend has stayed the whole 6 months of her visit visa in the UK, and you now want to apply for another visa for her to stay another six months as a visitor. There are several points to consider here. Firstly, did you apply for her to stay in the UK for six months ? If not, then you may have a problem with a second visit visa. Secondly, a fiancee visa allows your girlfriend to stay in the UK for up to six months, during which time you must marry. She can then apply for further leave to remain for two years.

In all honesty, a second visit visa so soon is pushing your luck if she has already been in the UK for six months. The ECO is likely to take the view that she is actually living with you as your partner, rather than visiting the UK. She had to give a reason, at the time of the first application, for having to return to Thailand after her visit to UK. What was it, and does it still apply ? If you go for another visit visa she will again have to give a reason for returning to Thailand. Can she do that, and will the ECO believe it ?

Nobody can tell if a fiancee visa is the best way forward. That is for you and your girlfriend to decide. To be honest, you don't sound as if you want to marry her.

Thanks for your quick reply! When we applied we asked for three months, so as she would of stayed here for 6 months we may have an issue with that.

I do want to marry her! we are engaged but wasnt exspecting to have to tie the knot until the end of next year as we want to do it the way we wanted too. But if we have to bring it forward then so be it as we have had to spend quite abit of time away for each other before and dont wish to have to do that again.

[Mossfinn]

Firstly, did you apply for her to stay in the UK for six months ? If not, then you may have a problem with a second visit visa.

VP

I have edited your post for clarity, so I hope I haven't put a false impression on its intended purpose.

But I would like to ask why they may have a problem with a second visit visa, the Op requested 3 months and was given 6, I see no problem with keeping within the stipulated allowances.

He has not lied, they stayed within the allocated limits.

Without going into the reasons of the 6 month stamp, why do you think they might have a problem with a second VV as long as it is within the immigration requirements?

Moss

[VisasPlus]

Firstly, did you apply for her to stay in the UK for six months ? If not, then you may have a problem with a second visit visa.

VP

I have edited your post for clarity, so I hope I haven't put a false impression on its intended purpose.

But I would like to ask why they may have a problem with a second visit visa, the Op requested 3 months and was given 6, I see no problem with keeping within the stipulated allowances.

He has not lied, they stayed within the allocated limits.

Without going into the reasons of the 6 month stamp, why do you think they might have a problem with a second VV as long as it is within the immigration requirements?

Moss

No problem.

Legally there is nothing wrong with staying the full six months. But, it depends on what reason/incentive was given for the girlfriend to return to Thailand at the end of the requested three months. If, for instance, she was given three months leave from a job and then stayed six months, there could well be a problem. If she was unemployed, had no real ties to make her return after the requested three months, but was still issued the visa, then there should be no problem. Certainly the OP and his girlfriend would have to put an explanatory letter in with the application to explain why she stayed six months after applying for three months, and why she is now requesting a further six months.

There is nothing wrong with staying the full six months as a visitor as long as it does not nullify the original reasons for issuing the visa, as I explained above. One of the requirements for a visit visa states : - " intends to leave the United Kingdom at the end of the period of the visit as stated by him " ( my underscore). The ECO will have this in mind, as she stated three months for the first visit but stayed six. A further problem comes when the ECO looks at the application for a second visit so soon after the first. He will be looking to decide if this really is a visit, eg is she really living in the UK as the OP's partner, rather than being a genuine visitor.

Please note that I did say " may" have a problem. Better to be forewarned.

[ThaiVisaExpress]

You will need to convince the Eco the visit is genuine and this is possibly going to be an issue for you.

[Mossfinn]

Firstly, did you apply for her to stay in the UK for six months ? If not, then you may have a problem with a second visit visa.

VP

I have edited your post for clarity, so I hope I haven't put a false impression on its intended purpose.

But I would like to ask why they may have a problem with a second visit visa, the Op requested 3 months and was given 6, I see no problem with keeping within the stipulated allowances.

He has not lied, they stayed within the allocated limits.

Without going into the reasons of the 6 month stamp, why do you think they might have a problem with a second VV as long as it is within the immigration requirements?

Moss

No problem.

Legally there is nothing wrong with staying the full six months. But, it depends on what reason/incentive was given for the girlfriend to return to Thailand at the end of the requested three months. If, for instance, she was given three months leave from a job and then stayed six months, there could well be a problem. If she was unemployed, had no real ties to make her return after the requested three months, but was still issued the visa, then there should be no problem. Certainly the OP and his girlfriend would have to put an explanatory letter in with the application to explain why she stayed six months after applying for three months, and why she is now requesting a further six months.

There is nothing wrong with staying the full six months as a visitor as long as it does not nullify the original reasons for issuing the visa, as I explained above. One of the requirements for a visit visa states : - " intends to leave the United Kingdom at the end of the period of the visit as stated by him " ( my underscore). The ECO will have this in mind, as she stated three months for the first visit but stayed six. A further problem comes when the ECO looks at the application for a second visit so soon after the first. He will be looking to decide if this really is a visit, eg is she really living in the UK as the OP's partner, rather than being a genuine visitor.

Please note that I did say " may" have a problem. Better to be forewarned.

Good response,

I agree they may have a problem if they state they are coming for three and stay for six, but only if they do not have sufficient reasons for doing so, which you state.

I have had several battles on here regarding this issue, my wife stated 2-3 months ( can't remember exactly ) in her application, but obviously got the six month stamp, so she stayed the full six months.

The difference being she owned her own business and left it in the capable hands of her partner, so the extension was easily explained away, if ever asked, which it wasn't.

But forewarned is better I agree.

Moss