Uk Visa Holiday

[AS1]

Hi

Can any body advise me about a holiday Visa, my girlfriend is applying for a second time she has been to visit me in the UK last year and stayed with me for only 5 weeks this was the first time she came to the uk. my concern this time is that I would like her to stay for the full six months all the details are the same as last application can you please advise if there would be any problems?

[Lickey]

GF has been to the UK before, so forget the visit visa, go for the family visit visa, its much easier, besides all the normal, form filling, you will need letters of approval from your family that GF is welcome to stay with them if need be, that is if you dont have an abode in the UK, she can of course stay for 6 months, but you have to convince UKBA that she has a reason to return to thailand after that time, does she work? will her boss give her 6months off ect?if so, she will need translated to english letter from her boss,

[7by7]

She cannot apply for a family visit visa unless she is visiting family! Boyfriend and his family do not count; see VAT2.2 What is a family visitor? Even if she could apply for a family visit visa, the basic requirements are the same; the only real difference is that refusal of a family visit application can be appealed; a general visit refusal cannot.

She has had a UK visit visa before and complied with the conditions, so provided she can be adequately maintained and accommodated then there should not be a problem. Simply provide evidence of this as before.

Six months is a long time for a simple holiday, so she/you will need to explain why she wants to stay so long and why she return to Thailand at the end of the visit. Use your relationship and stress that you are both aware that overstaying a visit may jeopardise any future settlement plans you may have.

[Lickey]

This is really strange, my GF came to UK on a visit visa in 05, said to stay for 2 months but stayed for 5.5, she came again in 08 on a visit visa for a month, and last year, she got a family visit visa for my daughters wedding last September, GF does not have any related family in the UK atall, so why was the family visa granted?

Do you think that her reason [buisness/family commitments] were greater in Thailand than they would ever be in the UK? i dont know, do you?

[7by7]

Had you lived together for at least 2 of the last 3 years before she applied?

If so, then she would be classed as your unmarried partner and so a family visit visa to visit your daughter would be appropriate.

Otherwise, the ECO may have made a mistake and issued the visa applied for, even though it was the wrong one.

If she was given a family visit visa the endorsement would be C: VISIT- FAMILY VISIT LTE 6 months Code 3.

Do you think that her reason [buisness/family commitments] were greater in Thailand than they would ever be in the UK? i dont know, do you?

I don't know the lady so cannot possibly comment; other than to say that whether they were or not this would make her eligible for a family visit visa if she did not fit one of the criteria linked to in my previous post.

[Lickey]

Ok yes, i will own up, we have been together in Thai for near 5years and got married last month, but on the other hand, on a second visit, is there anything wrong about applying for a family visit,? at least she can say, oh sorry, i didnt realise BF is not family, then can appeal and get a visit visa?

[7by7]

She can apply, but unless she meets the criteria for a family visit in some way, it would be refused.

The appeals process is lengthy, it can take over 6 months for a case to be heard by a tribunal. When the case did reach a tribunal it would rule on whether the refusal was correct under the immigration rules. If the applicant did not meet the criteria for a family visit, then the refusal would be correct and so the appeal would be rejected and the refusal upheld.

Far simpler, easier and cheaper to apply for the correct visa in the first place.