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Posted

Hi everyone,

this morning my girlfiend received her first UK visitors visa and our intention is for her to have several visits to the uk before we get married, I am aware that that she can only stay 6 months within a 12 month period, does this mean if she spends 3 months in the UK then 3 in Thailand then 3 in the UK then 3 in Thailand etc she will be ok as she will never stay more than 6 month in a 12 month period, i know i may have answered my on question within the question but i would just like some confirmation as to whether i am right or wrong.

thanks for any replies.

Stu and Or

Posted

People will rightly point out the the "six month in twelve" guidelines are just that, guidelines.

For your girlfriend to be granted a visit visa she will need to demonstrate that she is in fact a genuine visitor, and intends to leave the UK at the end of her "holiday". She will need to prove to the ECO that the trip is affordable, either from her own funds or from a sponsor, she will also need to convince the ECO that she is likely to leave the UK at the end of her trip, by providing proof of her employment, ongoing education commitments or other strong ties to her own country.

By stating in her application that she intends to spend three months in the UK followed by three months in Thailand before repeating the cycle, might lead the ECO to believe that she is not a genuine tourist and is somehow attempting to circumnavigate the requirements of a settlement visa.

Does your girlfriend have employment in Thailand, if so will she be able to get six months holiday every year?

I wish you both every luck but I think she needs to do a tad more research.

theoldgit

Posted

Congratulations on your girlfriend getting her six month visa. You will need to check with your girlfriend, but I think you'll find that the visa runs for a straight six months, not six months in any twelve.

The other thing to ensure is that she returns to Thailand on the date she has given. A mate of mine helped his wifes friend to go to the UK on a six month visa. She said she would be in the UK for eight weeks. After eight weeks in the UK she decided to stay another month. She finally returned to Thailand,still within the six month visa. When she applied for a visa the following year, she was refused on the grounds of not returning when she said she would.

Posted

People will rightly point out the the "six month in twelve" guidelines are just that, guidelines.

For your girlfriend to be granted a visit visa she will need to demonstrate that she is in fact a genuine visitor, and intends to leave the UK at the end of her "holiday". She will need to prove to the ECO that the trip is affordable, either from her own funds or from a sponsor, she will also need to convince the ECO that she is likely to leave the UK at the end of her trip, by providing proof of her employment, ongoing education commitments or other strong ties to her own country.

By stating in her application that she intends to spend three months in the UK followed by three months in Thailand before repeating the cycle, might lead the ECO to believe that she is not a genuine tourist and is somehow attempting to circumnavigate the requirements of a settlement visa.

Does your girlfriend have employment in Thailand, if so will she be able to get six months holiday every year?

I wish you both every luck but I think she needs to do a tad more research.

she has already been given a six month visa but she will only be staying here for 3 months as stated when we applied for the visa but she will be coming again at the end of the year hopefully for another 3 months if when we apply again she gets another visa. I just wanted to make sure i understood the ruling about 6 months out of 12

Posted

Congratulations on your girlfriend getting her six month visa. You will need to check with your girlfriend, but I think you'll find that the visa runs for a straight six months, not six months in any twelve.

The other thing to ensure is that she returns to Thailand on the date she has given. A mate of mine helped his wifes friend to go to the UK on a six month visa. She said she would be in the UK for eight weeks. After eight weeks in the UK she decided to stay another month. She finally returned to Thailand,still within the six month visa. When she applied for a visa the following year, she was refused on the grounds of not returning when she said she would.

yes the visa runs for six months but we will apply again at the end of the year, and yes she is going home on the date we stated on the application, we dont want to rock the boat on any future applications i know how hard these visa's are to get.

Posted

As I understand your girlfriend has a six month visitor visa that means she will have to leave the UK before it expires, to enter later in the year she will have to apply for another visa.

The six months out of twelve seems to be guidelines, I can not find any actual reference to this so posibly an unwritten guideline, presume to prevent people staying in the UK virtually permanently without going the settlement route.

Returning later in the year may be another issue, no idea if she would get another visa, may be easier or she may get a rejection, probably a well presented application giving a good reason to return could succeed, the other thing to consider, suggest you keep you first visit shorter and try to keep the total less than 170 so as not to be looking like you are trying to max out "six months out of twelve", (just my opinion).

Posted

The six months out of twelve seems to be guidelines, I can not find any actual reference to this so posibly an unwritten guideline

Entry Clearance Guidance VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits, The fact that a person has made a series of visits with only brief intervals between them would not, in absence of any other relevant factors, constitute sufficient grounds for refusal.It is reasonable, however, for the ECO to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more that 6 out of any 12 months in the UK.............

The same guidance is in the Immigration Directorate Instructions

Staying longer than originally stated is not, in itself, grounds for refusing a subsequent application (provided one leaves when, or before, the visa expires, of course). However, to avoid possible doubts about one's credibility one should in the next application explain why one did so, and how one was able to; particularly if employment was used as a reason to return.

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