Gf Holiday Visa Extesions?

[zak]

Hi all,

could any of you out there tell me if there is a process where i could extend my thai gf uk holiday visa?

The situation is my gf has one month left to run on her holiday visa, she is here with our son who is 16 months old and he has a full british passport.

I have some work commitments which i wasnt expecting and could do with them staying with me for another 6 months untill this current contract finishes

because i dont want them travelling alone back to thailand its daunting enough for my self with transfers ect,

I would be really grateful for any help or advise.

thanks!

justin

[craigt3365]

I think you will do better with this in the visa forum. OK?

[VisasPlus]

Basically the answer to your question is no. This is the guidance for staff dealing with applications to remain longer than 6 months :

2.1.7 Discretion outside the rules or leave to remain beyond six months

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances such as the illness of a close relative (see the instruction relating to Chapter 17 Section 2 - Carers). Applications for leave to remain for a period beyond six months, where no such compassionate circumstances exist, should be refused (but see guidance on academic visitors, archaeological excavations, doctors taking PLAB test, parent of child at school and visitors for private medical treatment).

Where, however, an applicant seeks to remain for no more than a few weeks because he was unable to obtain an earlier flight, leave may be granted provided the application was "in time" (within the original period of leave) and the ticket with a confirmed flight is produced.

Bear in mind, that if you apply for your girlfriend to stay more than the 6 months , and the extension of stay is refused, then you may be making it more difficult for her to obtain another visit visa in the future. My advice would be to comply with the terms of the visa, even if it does mean that you girlfriend has to travel without you.

[bellboy86]

Best to stick with the bias rules. Why don't you start the process of settlement visa and they can stay longer next tome however still need to return to Thailand goodluck

[Thongkorn]

Best to stick with the bias rules. Why don't you start the process of settlement visa and they can stay longer next tome however still need to return to Thailand goodluck

Why are they Bias, they are there to protect the Genuine people who jump through hoops to get the right Visa, it quite clearly says, that you must apply for a visa from your own Country. It is unfortunate that things happen but thats life. If i was concerned about my Girlfriend who has my baby ,I would get her a direct flight back , then there is less hassel.

[zak]

There is also the small? issue of the thai cambodia conflict! the village where they stay is only 8 km from the cambodian border

and has been mortar shelled a couple of times over the last 3 weeks and the whole village were evacuated twice during this recent conflict,

i didnt mention this earlier but could this be a genuine reason for them to stay with me untill we know everythings ok?

By the way this is genuine my gf isnt to keen on staying in the uk long term but realises due to work commitments and the conflict on the thai border she may have to,

we are more worried more for our son than anything else

thanks for the replys and hope to hear something more possitive.

thanks again guys

justin

Best to stick with the bias rules. Why don't you start the process of settlement visa and they can stay longer next tome however still need to return to Thailand goodluck

Why are they Bias, they are there to protect the Genuine people who jump through hoops to get the right Visa, it quite clearly says, that you must apply for a visa from your own Country. It is unfortunate that things happen but thats life. If i was concerned about my Girlfriend who has my baby ,I would get her a direct flight back , then there is less hassel.

Edited May 22, 2011 by zak

[7by7]

As the guidance quoted by VisaPlus says

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances

Would the circumstances you describe would be considered such?

That you have work commitments? No.

That you could do with them staying another 6 months? No.

That they would be traveling on their own? No.

That her home is in a potential conflict zone? Possibly.

There is only one way to find out for sure, and that's to apply; and that's going to cost you £550, whether successful or not.

But, you say that she has one month left on her current visa. Applications for an extension of stay as a visitor must be submitted at least 4 weeks before the current visa expires; she may be out of time!

However, if her home is in a potential conflict zone she may be able to apply for refugee status; but that is an area way outside my level of competence.

[zak]

thanks for the advise,

you wouldnt know which department i have to contact about this would you?

cheers

justin

As the guidance quoted by VisaPlus says

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances

Would the circumstances you describe would be considered such?

That you have work commitments? No.

That you could do with them staying another 6 months? No.

That they would be traveling on their own? No.

That her home is in a potential conflict zone? Possibly.

There is only one way to find out for sure, and that's to apply; and that's going to cost you £550, whether successful or not.

But, you say that she has one month left on her current visa. Applications for an extension of stay as a visitor must be submitted at least 4 weeks before the current visa expires; she may be out of time!

However, if her home is in a potential conflict zone she may be able to apply for refugee status; but that is an area way outside my level of competence.

[zak]

If we were to marry here in the uk would that help our cause or hinder it?

As the guidance quoted by VisaPlus says

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances

Would the circumstances you describe would be considered such?

That you have work commitments? No.

That you could do with them staying another 6 months? No.

That they would be traveling on their own? No.

That her home is in a potential conflict zone? Possibly.

There is only one way to find out for sure, and that's to apply; and that's going to cost you £550, whether successful or not.

But, you say that she has one month left on her current visa. Applications for an extension of stay as a visitor must be submitted at least 4 weeks before the current visa expires; she may be out of time!

However, if her home is in a potential conflict zone she may be able to apply for refugee status; but that is an area way outside my level of competence.

[beano2274]

Then you might have some trouble explaining why she applied for a tourist visa and not a fiancee visa. They would probably make her come home, also there have not been any reports of fighting at the border area, and 8km is a long way from the border, also the furthest distance for a mortar shell is under 8km (more like 5.5Km)

Edited May 22, 2011 by beano2274

[beano2274]

The Cambodian Army has 3 types of mortars

M37 - range 100m to 2550m

M43 - range maximum 5150m

M160 - maximum 8000m.

So theoretically they could reach her place with a M160, but I doubt they would even fire that far, as they know where the Thai Army are.

Although it is not known how many of these mortars they have at this time.

Edited May 22, 2011 by beano2274

[7by7]

thanks for the advise,

you wouldnt know which department i have to contact about this would you?

cheers

justin

You would contact the UKBA:-

Contact detailsThe email address below is for applicants who are already in the UK and require general information about the Immigration Rules' requirements. For data protection reasons, we cannot answer questions about individual cases by email.

Phone: 0870 606 7766

Textphone: 0800 389 8289

Email: [email protected]

Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Opening Hours: Monday to Thursday 09:00 to 16:45, Friday 09:00 to 16:30 (excluding public holidays).

Unfortunately your most likely reply is that they only give general responses and cannot give a definitive answer on individual cases as circumstances differ and the only way to find out is to submit an application.

See also Can I extend my stay as a general visitor?

Marriage would not help; she would still be subject to the visitor rules. A visit visa cannot be converted to settlement in the UK; to do that she would have to return home.

[VisasPlus]

If you go down the road of requesting a stay on the exceptional grounds that there is fighting along parts of the Thailand-Cambodia border, then you may be getting into dificult terrotory. You will have to give a length of time for the extension. What will you say ? You cannot say " until the fighting stops" as that gets you into uncharted territory, and the application may well be refused on the grounds that there is no provision in the immigration rules for an unlimited extension of stay. If you say that you want the etxension for 6 months then UKBA will ask what you will do if the situation in Cambodia has not changed by then.

UKBA may well say that your girlfriend is free to move away from the danger zone, if that is what she wants to do. If you say that she cannot return to Cambodia because there is fighting, you could be getting into the realms of making a "refugee" claim. This would, in my opinion, be a very dangerous thing to do, as the claim is almost certain to be refused.

Both of the above choices may well lead to refusal, and, as I stated earlier, this could jeapordise any future visa application.

[theoldgit]

I agree with VP, a claim for asylum for a Thai or Cambodian national is highly unlikely to succeed as Thailand is considered, and is, a safe country, as he say she is free to live anywhere an the country, in fact she is more likely to be detained under the fast track process and then could be removed.

[VisasPlus]

Apologies for the error in my earlier post. I referred to your girlfriend returning to Cambodia, when I should have said Thailand. The same reasoning applies, however.

[zak]

I would just like to thank you for all your advise,

you were the only one with maybe or possibly answers that stoped me giving in with this visa extension.

And i am quite happy to let you know she was granted leave to remain untill oct 2014.

Thanks again

justin

thanks for the advise,

you wouldnt know which department i have to contact about this would you?

cheers

justin

You would contact the UKBA:-

Contact detailsThe email address below is for applicants who are already in the UK and require general information about the Immigration Rules' requirements. For data protection reasons, we cannot answer questions about individual cases by email.

Phone: 0870 606 7766

Textphone: 0800 389 8289

Email: [email protected]

Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Opening Hours: Monday to Thursday 09:00 to 16:45, Friday 09:00 to 16:30 (excluding public holidays).

Unfortunately your most likely reply is that they only give general responses and cannot give a definitive answer on individual cases as circumstances differ and the only way to find out is to submit an application.

See also Can I extend my stay as a general visitor?

Marriage would not help; she would still be subject to the visitor rules. A visit visa cannot be converted to settlement in the UK; to do that she would have to return home.

[samsingsong]

Zak, congratulations! So did you apply to the UKBA for an extension while still in the UK, and they've given your GF until 2014?

My wife and I have been together for 7 years, she has currently a 5 year Visitors Visa (6 months stay in one year). 2 Years ago while in the UK I became ill with kidney stones. The treatment was going on & on and her time was rapidly coming to an end. My doctors told me I must not travel. I phoned rthe UKBA who told me an extension was not possible. My doctors were horrified that I should be left alone. I went & saw my MP who contacted the UKBA on my behalf. They told him they would not extend my wife's visa under any circumstances!

She had to return to Thailand alone, distressed and in tears. We didn't know when we would see each other again - luckily it wasn't too long. The hospital were concerned I was alone as I was supposed to have somebody with me for 24 hours after each treatment - but I was alone.

So it seems you were much lukier than me!

[RAZZELL]

I would just like to thank you for all your advise,

you were the only one with maybe or possibly answers that stoped me giving in with this visa extension.

And i am quite happy to let you know she was granted leave to remain untill oct 2014.

Thanks again

What extension/visa was she granted?

RAZZ

[7by7]

It sounds like she has, for some reason, been given FLR; maybe as a result of Zambrano. I can't believe that they would extend leave to remain as a visitor for two years!

Zak, would you kindly tell us

• Exactly what you applied for.
• The grounds for her being allowed to remain in the UK.
• What she has been granted; i.e. what does it say in her passport?
• What happens when this LTR expires; can she apply in the UK for ILR, or must she leave?

This would be of great help to people in your, or a similar, position. Thanks.

[ThaiVisaExpress]

I am awaiting a response with interest also 7/7

[Basil B]

I agree with VP, a claim for asylum for a Thai or Cambodian national is highly unlikely to succeed as Thailand is considered, and is, a safe country, as he say she is free to live anywhere an the country, in fact she is more likely to be detained under the fast track process and then could be removed.

OG, I thought your post to be very logical and probable response, I would have thought a few questions from UKBA on had the OP's GF always lived and worked in the village, and detailing the circumstance of them first meeting etc, I think in most circumstances this to prove that the applicant has lived outside the family village and could continue to do so on her return.

The other angle could be the child who has British Nationality being taken back to a area where he may be at risk, not good PR.

[Djetou]

I would also be very interested to find out which visa application was used to gain a 2 year extension. My gf came into the UK on a 6 month visit visa, using FLR(O) based on our sons medical treatment we applied for an extension but this was refused. I would be highly surprised if the cambodia/thailand border conflict was excepted by the UKBA. Your situation seems exactly the same as ours, both have children, both had work commitments etc but UKBA granted your girlfriend 2 year extension (without a solid reason?) this does not sound like the UKBA i know! unless there is more to this.

[bobrussell]

I have just done an update google on Zambrano - it seems that at present the UKBA are issuing a Certificate of Application that allows suitable individuals to remain (and work) in the UK until British law has been changed to comply with EU law.

If the posters partner has been given leave to remain with a date it suggests it is not linked to Zambrano.

Link is:

http://www.immigrati...h-citizens.html

It seems this is likely to change the rights of a lot of Thai parents in the fullness of time! It will do little to bring down the immigration figures though!

Edited September 22, 2011 by bobrussell

[VisasPlus]

I have just done an update google on Zambrano - it seems that at present the UKBA are issuing a Certificate of Application that allows suitable individuals to remain (and work) in the UK until British law has been changed to comply with EU law.

If the posters partner has been given leave to remain with a date it suggests it is not linked to Zambrano.

Link is:

http://www.immigrati...h-citizens.html

It seems this is likely to change the rights of a lot of Thai parents in the fullness of time! It will do little to bring down the immigration figures though!

I agree that it doesn't seem to be an extension granted because of the Zambrano judgment. It looks like Home Office have accepted (some of ) the Zambrano principles. but they have not yet updated the UKBA website. Home Office's acceptance of the judgment will indeed affect many people, but it looks like, at the moment, it only aapplies to applicants who are in the UK. It wil be interesting to see how UKBA respond to any settlement visa applications based on the Zambrano judgment. There will surely be a few applications from non-EU nationals who were deported from the UK, along with their British dependent child.

I couldn't open bobrussels link to see what it says, but here is another one:

http://www.latitudelaw.com/news-zambrano-a-the-home-office-shows-its-hand-by-ed-mynott-29.html

[bobrussell]

The VisasPlus link gives the same information as mine, almost word for word.

[zak]

Hi sorry not replied earlier,

My GF was granted a residence permit with limited leave to remain for 3 years at the discretion of the ukba which cost £500+ due to the conflict on the Thai/Cambodia border. they explained that no way would they extend the holiday visa but because of the circumstances they granted the residence permit which was only granted as they stated due to your partner and son being British citizens, and is allowed a N.I Number, NHS treatment and is allowed to work in the uk.

And as i explained earlier this was a genuine concern and under no circumstances was i letting my son return to the border!

as i guess some of you who travel to Thailand but not near the Cambodia border think i may be exaggerating the situation well i can assure you when these two kick off its not handbags at ten paces near these borders having witnessed some of this at first hand.

Im still not sure what situation we will be in when this is due to expire as she has become settled now and is working full time for the NHS and has completed training courses for work and also attended A college course to gain an NVQ in English, and our son is settled speaking English and is due to start nursery/school in 4 months.

does anyone know if she will have to return when this permit expires?