6 Month Visitor Visa

[tg2112]

A Thai friend of ours has just got her 6 month visitor visa to come to the UK. In the covering letter we said that it would be for a 2 week holiday. Since then we have been thinking it would be good if she could extend her stay to help look after our new baby when the wife goes back to work.

Is it ok for her to stay for longer as its a 6 month visa, even the whole 6 months? We wouldn't be paying her, just providing food, lodgings etc. If so, do we/she need to contact the embassy to get permission?

Thanks in advance

[paully]

^ She can stay for 6 months as a visitor visa has been granted. However, if she wishes to return to the UK for a later visit, she may need to explain why she stayed rather longer than was indicated on the form. She should not, of course, be carrying out any paid employment during her visit..

[tigerjohn]

plus providing food and lodgings in return for her child minding will be classed as work and she is not allowed to work on a visit visa, this i have seen on tv many times on the border control programmes, so be very careful going there

[tg2112]

Thanks for the replies

So it should be ok then?

Should we inform the ukba of our intentions or is there no easy means of doing that after the visa has been granted? My brother in law wants to come to the UK next year, i wouldn’t want to jeopardise his chances of getting a visa

[7by7]

She can remain in the UK until her visa expires; you do not need to inform anyone.

Staying longer than originally stated, although not against the rules, may damage her credibility next time she applies for a UK visa. So she should explain in any future application why she stayed longer than originally stated and how she was able to do so. Especially if she said she had a job or was studying in her application for this current visa.

I do not see how her staying longer than originally stated would have any effect on your brother-in-law's application.

Child minding for you and your wife when your wife returns to work would be classed as work; even though she would not be paid. Work of any kind, whether paid or not, is expressly forbidden for general and family visitors.

[bangkockney]

Had it been an immediate family member you'de be on safer ground. But that arrangement for a friend is not legit.

[7by7]

It should be said that employing her, even unpaid or paid in kind, could have serious consequences for both her and you.

A ten year ban from the UK for her and a £10,000 fine for you!

[tg2112]

We wont be employing her, its more a case of her as a friend helping us out a little bit while shes here. She's a middle aged lady with money and time on her hands funding her own trip, the main reason of the visit is to see us and our new baby.

[paully]

We wont be employing her

You won't be employing her under a written employment contract, no. But if she is doing some child-minding for you and you are providing free board and lodging for her, it could easily be construed that an employment situation exists. Be careful.

[VisasPlus]

I hope this doesn't come over as judgmental, but I suspect that this may have been in your minds before she applied. If so, then although it may help you out by allowing your wife to go back to work, you will not be doing your friend any favours should she wish to apply for a visa in the future, and has to explain why she stayed six months instead of the two weeks she asked for, and what she did while she was in the UK. Secondly, you have been informed that work, paid or unpaid, or "helping you out a litle bit" is work, as far as UKBA are concerned. No amount of trying to put a different slant on it will change that fact.

The fact that you sponsored this visit for two weeks, and your address, etc, are now on the UKBA database. If it comes to light, in your brother in laws application, that your first sponsored applicant did not do what you said she would do, then that could cause problems.

Edited October 6, 2011 by VisasPlus

[gregchambers]

U can probably get away with an extra week or two without any problems next time around. I used to ask for six weeks and get away with twice that for the GF, did it many times without problems. Surprised you actually managed to get a visa for a friend, BTW.

[tg2112]

No, the initial plan had always been for her to come for 2 weeks. Once she saw the visa in her passport was valid for 6 months she wondered if it would be ok to stay for longer. The main reason for the stay is to visit us and our new baby, experience life in the UK and maybe meet a British guy for friendship/relationship.

Keeping the childcare aside, would these not be seen as valid reasons for extending her stay? We have also sponsored other Thai visitors over the last couple of years so it isnt our first time.

[paully]

Extending the stay to up to 6 months is okay. It's the working/being seen as working part that would be the problem.

[7by7]

As already said to you, if she stays longer than originally stated she is not breaking any rules; provided she leaves the UK before her visa expires. However, this may have to be explained in any future application she makes and, as VisaPlus has pointed out, any future application you sponsor; even if for a different person (thanks for correcting me on that, VP).

Obviously, occasionally babysitting while you and your wife go out wont really matter, but effectively full time child minding is a completely different situation. The terms of her visa expressly prohibit any form of work; Paid or unpaid, voluntary, for an employer, family or friend; it doesn't matter; under the immigration rules it's all classed as work. All work is illegal for her. The consequences of her being discovered working have already been pointed out to you.

It is your responsibility to ensure that anyone you employ, paid or not, can legally work in the UK. Not even government ministers are exempt from this rule; Labour in disarray as aide quits over Baroness Scotland immigration scandal.

[tg2112]

Thanks for all your input on this. I think we will make alternative arrangements for the childcare just to be on the safe side. She is still keen on staying longer though...a difficult one really. Cant see why it should cause too much bother in future - she is funding the trip, there will be no recourse to public funds and she will go back before the visa expires.

[Basil B]

I would say unless she could show that she had adequate funds and being paying her way it may be reasonable to conclude that she had been paid in kind, six months is a long time to have a house guest without them making a contribution?

Another thing to consider does she have travel or health insurance, if not could she afford to pay for a trip to the doctors or dentist or even worse a stay in hospital? Six months is a long time to chance it.

[Thongkorn]

why do they issue a visa for six months if you apply for a two week visa, if you depart the country before your visa expires there should not be a problem ,

[7by7]

A standard UK visit visa is for six months, and unless the ECO can show good reason for issuing a shorter term this is what will be issued.

However, as repeatedly said above, if a visitor stays longer than originally stated then in any future application they should explain why.