Second Visit Visa

[steveweaver99]

Hi people

My partner was successfully granted a visa in Apr 1st 2010, came into the UK May 1st 2010 and stayed until Sept 29th 2010, therefore a stay of 153 days (5 months),

There is the UKBA policy 'A visitor for more than 6 months (180 days) out of any 12 months'. I do appreciate that this is only a policy and applicants have re-applied despite 'breaching' the policy, it all depends on the applicants circumstances, but if we had a scenario where the policy was strictly enforced, what would be the earliest a visa could be granted, bearing in mind there was a 153 day stay?

Could it also be possible to apply for the Visa a couple of months ealry and defer it to an acceptable date,or would the date of application fall into the 6/12 month policy?

Thanks all

[theoldgit]

Whilst you are correct in saying it's only a policy but in a second application so soon after a five month visit your partner is going to find it very difficult to convince the ECO that she is a genuine visitor and is not trying to circumnavigate settlement visa requirements.

As you know each application is considered on it's merits, your girlfriend will need to convince the ECO that on the balance of probabilities she will leave the UK, that of course would be a reason to return to Thailand, job, business, property etc etc, and that becomes difficult after such a long visit. I'm assuming you girlfriend indicated that she would be staying for five months on her first visit.

I'm not being alarmist, your girlfriend has done nothing wrong and there is no reason, providing she can convince the ECO that she is not using visit visas to live in the UK and can prove a reason to return, why a second visa would not be granted.

In answer to the second part of your question, she can ask for a visa to be post dated for up to three months before the intended date of of travel, and she needs to make it clear in her application.

Good luck to both of you.

[steveweaver99]

Hi OldGit

Thanks for the reply..

I read back what I wrote and didnt make it clear. I was writing this ve4ry tired oops.

I'm aware that it's too early to apply based on what you have told me.

My question was based on the fact that my partner stayed i the UK 5 months and returned back in Sept, when would be the correct time to apply basing this on the 6/12 month policy. If she stayed the full 6 months then I guess it would be the date the visa was issued (1st April), but as she stayed 5 months could this be earlier?

Then my second question was based on that date could we apply in advance deferring the date to visa issue date.

Thanks

[VisasPlus]

Hi OldGit

Thanks for the reply..

I read back what I wrote and didnt make it clear. I was writing this ve4ry tired oops.

I'm aware that it's too early to apply based on what you have told me.

My question was based on the fact that my partner stayed i the UK 5 months and returned back in Sept, when would be the correct time to apply basing this on the 6/12 month policy. If she stayed the full 6 months then I guess it would be the date the visa was issued (1st April), but as she stayed 5 months could this be earlier?

Then my second question was based on that date could we apply in advance deferring the date to visa issue date.

Thanks

It's not as simple as just saying when it is ok to apply again. You haven't responded to TOG's question about how long did your girlfriend apply for in her last application ? Was it for 5 months ? If it was for less time, then why did she stay 5 months ?

The whole new application will again depend on the reasons for travel, reasons to return, finances, etc. Think about these things before you think about how quickly you can make a new application. Is it reasonable to apply again so soon, ie is there a good reason for doing so ?

I'm not sure why you want, or need, to apply so quickly and defer the start date of the visa ? Why not just wait to apply until you need the visa ?

[steveweaver99]

Hi OldGit

Thanks for the reply..

I read back what I wrote and didn't make it clear. I was writing this ve4ry tired oops.

I'm aware that it's too early to apply based on what you have told me.

My question was based on the fact that my partner stayed in the UK 5 months and returned back in Sept, when would be the correct time to apply basing this on the 6/12 month policy. If she stayed the full 6 months then I guess it would be the date the visa was issued (1st April), but as she stayed 5 months could this be earlier?

Then my second question was based on that date could we apply in advance deferring the date to visa issue date.

Thanks

It's not as simple as just saying when it is ok to apply again. You haven't responded to TOG's question about how long did your girlfriend apply for in her last application ? Was it for 5 months ? If it was for less time, then why did she stay 5 months ?

The whole new application will again depend on the reasons for travel, reasons to return, finances, etc. Think about these things before you think about how quickly you can make a new application. Is it reasonable to apply again so soon, ie is there a good reason for doing so ?

I'm not sure why you want, or need, to apply so quickly and defer the start date of the visa ? Why not just wait to apply until you need the visa ?

Hi VisaPlus thanks for your input and good valid points:

Ok a more detailed account:

My partner and I initially applied fo her to stay for two months, on the basis that I was unemployed, my parents sponsor her and accommodate her. However I did mention in the covering letter that I will be seeking new work as I am a 'freelancer' in the IT arena and should I be successful she would stay longer. Subsequently I secured a new contract and she stayed an extra 3 months.

The whole new application based on correct timing of the 6/12 month policy is now stronger in my opinion, as I will now be the sponsor, we will stay at my accommodation and I am in currently employment. Im addition to that, she did not overstay and I have funded an English course for her to enable her to meet the one requirements of the 'Settlement Visa' process - English language tests for migrant partners. I guess showing commitment cant be a bad thing.

So in response to your reply I have thought thoroughly about the second 'visit application', I just wanted some feedback on the timing and whether or not you could apply in advance (see below).

To clarify your comments

"I'm not sure why you want, or need, to apply so quickly and defer the start date of the visa ?

Once I establish the correct timing, based on a 5 month visit and my circumstances I will use this date as the start date of her visa.

Why not just wait to apply until you need the visa ?

Because if I apply in advance and my partner is granted the visa, it gives us more time to plan and book her fare. An illustration of this was we applied for my partners visa 23rd March 2010 and was granted the Visa April 1st 2010. In order to get a good price for the flights I had to book a few weeks in advance, therefore she came the 1st May. This time round if I can book in advance if I defer the visa start date, so she can come for the full 6 months - That's the idea anyway.

I may be going about this the wrong way?

Hope that clarifies the situation and what it is i am tryiing to achieve.

BTW My opinion was that my partner (if Visa successful) could probably re-enter somewhere around March/April and maybe apply in JanFeb deferring the date to then.

Cheers