Uk Tourist Visa Granted But Stayed Longer Than Proposed…Problem?

[confused88]

I live in Thailand and last year my wife (at the time fiancée) and I wanted to go the UK for a holiday. My wife was issued a 6 month tourist visa for the UK. We originally intended to stay in the UK for a period of 3 weeks and return to Thailand.

However a week or so upon arrival in the UK my father was diagnosed with cancer. Obviously lots of tests and such had to be carried out, and then a decision was made for my father to go into surgery to have the cancer removed.

At this time off course I was very worried for my father's life and consequently changed our travel plans and stayed in the UK throughout his surgery and the following recovery period.

In total we stayed in the UK just under the permitted 6 months.

At the time I thought that this may not pose as too much of a problem because my wife had a valid 6 month visa. Additionally there was no one to report our change of plans to, and nowhere that I could find that stated that I needed to report these change of plans.

We now plan to travel back to the UK for two weeks at the end of the summer, however after meeting with my lawyer recently she expressed great concern that although we did not overstay the visa we do in fact have a big problem with applying for another visa because we stayed longer than we originally stated on our previous application form.

I was quite shocked to hear that this would be a problem, but my lawyer is adamant that the visa will get refused on this basis.

I have all the medical documents for my father's treatment during our stay in the UK which I will present with the new application.

But what I want to know is, is my lawyer correct? Is this really as big a problem as she says it is? After all we broke no laws and our reason for extending our stay was valid. We did nothing wrong.

If anyone has been in similar situation or has any help or advice it would be greatly appreciated.

Many thanks.

[bobrussell]

If your wife kept within the terms of her visa and did not overstay then there is no reason for a further application to be refused as long as the requirements for a new visa are met fully.

It may be flagged that last time the stay was not as originally intended so this might lead to closer scrutiny but if you supply evidence that the change in plans was for a good reason there should not be a problem. You are not required to notify anyone of changes to your agenda as long as the visa is valid but it may increase suspicion for further applications.

The vast majority of visa applications are granted despite the stories to the contrary.

If your wife was in the UK longer than the visa allowed this would probably be jumped on however.

[bellboy86]

If I was you I would be looking for a new lawyer, can't believe the information they have gave you and also all the worry and doubt. However let's look at the facts, 6 month visa issued before no overstay, changed plans due to father being unwell, don't think you would have any problem obtaining a visa. Maybe your lawyer has a hidden agenda for financial gain,

[bellboy86]

Oops sorry if it's your wife now she would be applying for a family visitor visa now, I may be wrong get it checked out here

[7by7]

Your lawyer is completely wrong; find a new one.

As long as your then fiance, now wife, left the UK on or before the expiry date of her visa she has not broken the immigration rules in any way, shape or form.

The only possible problem is one of credibility; she said she would stay for three weeks but stayed for six months. However, she had a valid reason for so doing and a brief explanatory note in her next application will solve it.

Bellboy is correct; as she is now your wife your family is her family, so she should apply for a family visit rather than a general visit. No real difference except if a family visit is refused that refusal can be appealed; a general visit refusal cannot.

As she has visited the UK before and lives with you in Thailand then she should have no problems with this application and there is no need for you to pay a lawyer at all.

You may want to consider her applying for a longer term visit visa; up to 10 years. See VAT1.4 Visa validity - What period for a multiple entry visit visa?

[confused88]

Thank you all for getting back to me.

I feel a lot better this morning after reading your comments.

I will look into applying for a family visit visa now, as it didn't even cross my mind before. When we apply I will also present a letter explaining why we stayed longer than we originally stated along with the medical documents from my father as proof.

I would like to add that my wife has been to the UK with me two times previously before the last trip and on those occasions we also stuck firmly to the visa rules and regulations and came back on the dates stated on the application forms. So all together she has been to the UK three times and never once broken the visa regulations and additionally has never had a problem obtaining a visa in the first place.

On all three occasions we used the same lawyer to check our documents and make sure we had completed the application forms properly.

I don't understand why my lawyer is now causing my so much stress and concern about our next application.

When I originally questioned her about this she said that she had had a lot of previous cases the same as mine and that they had all been refused. She added that we need to present strong evidence that we won’t do the same thing again and have a solid case that we will come back on the date that we state on the application form for our next visa.

It just doesn’t make any sense to me, unforeseen things occur and peoples plans change to suit these circumstances. Surely the UK boarder agency realizes this and can appreciate this as long as none of the visa regulations have been broken.

Thank you for all your comments.

If you have any more thoughts or comments, please keep them coming, in the mean time I will be looking for another lawyer.

Thank you.

[Contractor]

My wife (then girl-friend) visited UK last year on a 6 month tourist visa. She changed her return flight and stayed much longer than originally planned and returned just before the 6 months expired. She has subsequently been issued with a settlement visa at first attempt. I do not think you have anything to worry about (especially with your reason for the trip extension) and need a new lawyer.

Sorry to hear of family medical problems. Good luck.

Rgds

[confused88]

Cheers Contractor,

Another piece of positive news, thank you for your comment.

My lawyer has had my worried sick about this situation. Comments like yours are starting to chill me out again.

Thanks mate.

[ThaiVisaExpress]

Your lawyer is he aware she can stay up to 6 months in the UK.

[Basil B]

Just my two peneth..

• How long has it been since you returned as your wife may be refused if it is less than six months.
• Not sure if "in laws" count as family, if so suggest you apply for family visit visa then you will have the right of appeal.

The 6 months out of 12 is only a guideline and ECO's can use their discretion, (just not sure all ECO's are aware of that going by some of the posts on this forum) therefore if you go with the family visit visa you will have the right of appeal.

[rixalex]

Your lawyer is completely wrong; find a new one.

Can't really fathom in the first place why one would need a lawyer for a visa application, but there you go...

[7by7]

Not sure if "in laws" count as family..........

VAT2.2 What is a family visitor?

2. the father, mother, brother or sister of the applicant's spouse;