Which Visa To Go For Next?

[barnesus]

Hello to one and all.

My name is Andy, and thank you for taking the time to read my post.

So to go through the specifics: I have a Thai GF, we met around 1.5 years ago with all evidence going back to this date. Previously; we have had 2 UKTV's rejected by the embassy (for Jane my Thai GF) to come to the UK, this was at the start of this year before having our 3rd UKTV accepted in May of this year, happy days. Jane only stayed for 2 weeks due to the fact that she was starting her UNI course which was a major pain but that was more important.

So anyway here we are now its October, her visa stamp thats in her passport runs out on the 18-11-2011, can she use this again to come to the UK, and apply for something else whilst here, or shall we apply for new one alltogether?. To summarize; I am looking for the best way for her to come back to the UK for around 4 months, and leave for Thai in February next year?

I welcome any feedback and and very happy to answer any questions that need to be answered?

Kind regards, and thanks in advance.

Andy

[Thongkorn]

She must have been out of the UK for six Months before you can apply for a visa again, And the time starts from the date of your last Visa. Also she must have at least six months left on her Passport.Most visas have to be applied for from her own County depending on which Visa you get now.

Edited October 16, 2011 by Thongkorn

[barnesus]

The time starts from the date she arrived back in Thai, or from the end of the 6 month visa?

regards

[barnesus]

Oh, and does the same rule apply if its a different type of Visa?

regards

[bangkockney]

This is not quite right, I believe.

There is a convention that a visitor to the UK will not spend more than a maximum of 6 months out of 12 in the UK. There is no rule dictating how long an applicant must wait before applying for a new visa. Jane has only spent a total of 2 weeks so far this year in the UK.

Sounds like she doesn't have a multi-entry visa as its validity is only 6 months, so she will need to apply for a new one.

She must have been out of the UK for six Months before you can apply for a visa again, And the time starts from the date of your last Visa. Also she must have at least six months left on her Passport.Most visas have to be applied for from her own County depending on which Visa you get now.

[rawhod]

Normally six month visas are multi entry, check the wording on the visa. Therefore, in theory she can enter the UK again but must leave by the expiry date of 18-11-2011.

In order for her to enter the UK for 4 months, you have to go through the visa application process again. Having successfully obtained one visa, there shouldn't be any difficulty in obtains another. The immigration ruling on time spent in the UK appears only to be guidance for the ECO. So, having so far only spent two weeks in the UK, a full explanation of your future intentions regarding her time in the UK might be useful in your next application.

[VisasPlus]

Normally six month visas are multi entry, check the wording on the visa. Therefore, in theory she can enter the UK again but must leave by the expiry date of 18-11-2011.

In order for her to enter the UK for 4 months, you have to go through the visa application process again. Having successfully obtained one visa, there shouldn't be any difficulty in obtains another. The immigration ruling on time spent in the UK appears only to be guidance for the ECO. So, having so far only spent two weeks in the UK, a full explanation of your future intentions regarding her time in the UK might be useful in your next application.

With respect, that's not necessarily good advice. Just because she has obtained one visa does not mean that she shouldn't have difficulty with the second, especially as her reasons to return would seem to have possibly changed. Is she still a Uni student ? If so, how will she have 4 months vacation ? If she is no longer a student at Uni, then what will her reasons to return to Thailand be ? Of course, everything may be okay, but it would be wrong to say that she will get another visa without any problem.

[xybadog]

Out of interest, and to give others a heads up, why were the first 2 applications refused?

[barnesus]

Hello,

Thanks for all your feedback. Very kind.

In answer to the questions:

1) Jane was refused the 1st two visa's simply through our own neglegance and incompetence in the visa process, so there was no real reason other then that.

2) Jane is studying a business course, however this is perfectly acceptable for her to continue the course work online, its like an open university course. She currently works 5 days and goes to UNI 1 day, however many people do not attend the course at all simply only popping in if they need to from time to time. She has an exam in february, hence the 4 month stay we require for her in the UK, allowing her to retutn to sit the test.

I guess i am also trying to work out whether we would be better off going for another UKTV or trying for a Fiance Visa? Ive heard that the embassy dont like to keep giving out UKTV's? Would anyone be able to have any input on this decision?

Thanks in advance,

Andy

[bangkockney]

Don't go the fiancé visa route as you will surely fail. You must intend to get married within 6 months of your arrival in the UK, and settle there together afterwards.

People's plans do change affording some flexibility - such as marrying overseas instead following the stay - but you two clearly don't fit this category.

Edited October 16, 2011 by bangkockney

[barnesus]

HI,

Thanks for your input. So we should stick with the UKTV. Does anyone know if there would be any pitfalls applying for another UKTV immediatly after the one we already have now? Or any other info they could provide for me regarding a 2nd UKTV?

Kind regards

[VisasPlus]

The informatiion you have provided is really too vague to give you proper advice. If possible, post the first two refusal notices ( removing names and personal details ) in order that we can see the background and reasons for refusal. Then, explain why the 3rd application was successful, and what exactly you applied for. Specifically, what reasons did you give for her return to Thailand. I ask this because, you say that she doesn't need to be in Thailand to do her course ( it can be done online), so why did she stay only two weeks in the UK ? Did you give the Uni course as her reason to return to Thailand ? If so, are you now intending to tell the visa officer that she doesn't actually have to be in Thailand to do her course ? If so, that could be contradictory to the information given previously. I am not trying to be negative in the advice given, but you have not given enough detail to say whether the next application might be succesful or not. Remember that this will in fact be the 4th application, and the information you give must be backed up by the information in the other applications. If you contradict answers given previously, it could affect the application.

[barnesus]

Hi,

Can we apply for another UKTV whilst the 1st one has not run out. The 1st runs out on the 18-11.2011, we intend on preparing and filing the new one soon, but with a start date at the end of November.

Kind regards

[theoldgit]

Can we apply for another UKTV whilst the 1st one has not run out. The 1st runs out on the 18-11.2011, we intend on preparing and filing the new one soon, but with a start date at the end of November.

Yes, your girlfriend can apply for a further visa any times she wants.

Take on board the comments given by Visa Plus, he's a professional in this field, also you might want to do as he suggests and post the earlier refusals, that will enable people to give you targeted advice.

As you will be aware your girlfriend needs to convince the ECO that it's a genuine visit, affordable and, probably most importantly, has genuine reasons to return to her home.

[barnesus]

Hi,

Sorry forgot to reply to this, so here we go now:

1st two refusals attached.

The 3rd application was approved with the following extra information, of course there was still masses of other evidence.

Explanation of all payments into bank account (this was over the top on there behalf, and extremelly intrusive), but we done what they asked.

We provided letters and evidence from her family, her father works for local Government, brother a lawyer. (reason for return)

We provided them evidence of a start date for UNI course, which was at the end of May 2011(reason for return). This is the reason she only stayed 2 weeks, because of the untimely start of her course, but it was that or wait another year!

Her course & the University where she studies is an Open UNI (Ramkhamhaeng). So she can do the work anywhere where there is a computer. She currently only goes to UNI occasionally. She either has to return to UNI for the exam at the given time, or if she wishes she can go the Thai Embassy in London to do the exam. Next exam being February 2012.

We said in the sponsor letter on the last application “However, xxxxxxxx will only be staying until the end of May 2011 so that she can return to Thailand and continue her previously suspended undergraduate study at Ramkamhaeng University commencing on 1^st of June 2011”

I agree that the officer may choose to feel that this could be contradictory, so we will just have to see on this one?<br style="mso-special-character:line-break"> <br style="mso-special-character:line-break">

Hope this is clear, look forward to hearing back,

Kind regards

[VisasPlus]

Hi,

Sorry forgot to reply to this, so here we go now:

1st two refusals attached.

The 3rd application was approved with the following extra information, of course there was still masses of other evidence.

Explanation of all payments into bank account (this was over the top on there behalf, and extremelly intrusive), but we done what they asked.

We provided letters and evidence from her family, her father works for local Government, brother a lawyer. (reason for return)

We provided them evidence of a start date for UNI course, which was at the end of May 2011(reason for return). This is the reason she only stayed 2 weeks, because of the untimely start of her course, but it was that or wait another year!

Her course & the University where she studies is an Open UNI (Ramkhamhaeng). So she can do the work anywhere where there is a computer. She currently only goes to UNI occasionally. She either has to return to UNI for the exam at the given time, or if she wishes she can go the Thai Embassy in London to do the exam. Next exam being February 2012.

We said in the sponsor letter on the last application "However, xxxxxxxx will only be staying until the end of May 2011 so that she can return to Thailand and continue her previously suspended undergraduate study at Ramkamhaeng University commencing on 1^st of June 2011"

I agree that the officer may choose to feel that this could be contradictory, so we will just have to see on this one?<br style="mso-special-character:line-break"> <br style="mso-special-character:line-break">

Hope this is clear, look forward to hearing back,

Kind regards

The application is complicated. In all honesty, I think you might have been a little bit lucky with the successful application. Maybe your supporting letter was worded in such a way that it led to the visa being issued. For instance, in one of your posts you state : " She has an exam in february, hence the 4 month stay we require for her in the UK, allowing her to retutn to sit the test.". In your last post you state: "She currently only goes to UNI occasionally. She either has to return to UNI for the exam at the given time, or if she wishes she can go the Thai Embassy in London to do the exam." In the first post you give her exam as a reason to return. In the other post you show that there is in fact no reason for her to return as she can take the exam in London. There is some " interpretation" in using her studies, or the fact that she is a "student" as a reason for her to return to Thailand. I think that, if the visa officer was aware of all the information that you have given us, then he would not see this a substantive reason to return to Thailand in February next year.

That said, she has been to the UK, and she only stayed a short time, returning as, presumably, stated for the previous application. That must go in her favour. My advice, on the information that you have given us, is that you should be careful in how you word the application, bearing in mind what you have already stated in the previous applications about your girlfriend's studies, exams, etc.

[RAZZELL]

Good advice above.

I can see why your previous applications failed as there was obviously some confusion in your own as well as the ECO's mind about the Visit Visa and the level of proof required.

And asking about finances is the norm...I imagine they draw pretty obvious conclusions about unexplained deposits

Finally, you have to get clear in your own mind why she has a "reason to return" ie her "exams" but explain the nature of the course (include a letter from a tutor explaining the syllabus etc)

Obviously, her successful visa application will go in your favour.

Good luck

RAZZ