"1 Year Visa"

[bozy]

Hi everyone,

shortly we will be applying for a 1 year visa for my thai wife,I need one question answered.The stay is a max of 6 months,so all we need to do is go out of the country at some point to get a further 6 months?

I'll give you a little background,we have been living together for 2 years,known each other for 4 years,been married for 1 year,have a 16 month old daughter,all of us were in the uk for xmas 04 (6 weeks),our daughter has thai/english passport.

If someone could clarify this we would be gratefull.

Bozy

[the scouser]

Hi Bozy,

I presume that it's a visit visa you're talking about.

In theory, your wife could stay in the UK for 6 months, leave the UK, and come back the same day for a further 6 months. However, when arriving back in the UK, it would be apparent to the immigration officer that she would have just spent 6 months in the country and he'd probably wonder why she now wanted a further 6 months. Despite her having a visa, the immigration officer would be able to refuse her entry if he could show that she'd either lied to get the visa or that circumstances had changed since the visa was issued. Furthermore, if your wife were to remain in the UK for one year on a visit visa, she would probably find it difficult to get another from the embassy in BKK.

Cheers,

Scouse.

[GU22]

Yeah, although it is possible to apply for visit visas for up to 10 years and a visit visa is multi entry, she can only stay for a maximum of 6 months each visit. Although there is no hard and fast rule, it is unlikely that she would be admitted to the UK if it meant she would be spending more than 6 months out of 12 in the UK.

[bozy]

Hi Bozy,

I presume that it's a visit visa you're talking about.

In theory, your wife could stay in the UK for 6 months, leave the UK, and come back the same day for a further 6 months. However, when arriving back in the UK, it would be apparent to the immigration officer that she would have just spent 6 months in the country and he'd probably wonder why she now wanted a further 6 months. Despite her having a visa, the immigration officer would be able to refuse her entry if he could show that she'd either lied to get the visa or that circumstances had changed since the visa was issued. Furthermore, if your wife were to remain in the UK for one year on a visit visa, she would probably find it difficult to get another from the embassy in BKK.

Cheers,

Scouse.

<{POST_SNAPBACK}>

[bozy]

Thanks scouse,

could you explain more the possible refuse entry if the officer could prove my wife had lied? Or circumstances had changed?

We are going to have a couple of holidays in spain if this makes any difference and also why would we struggle obtaining a visa again in bkk?

Thank you very much

bozy

[the scouser]

Hi bozy,

The spirit of 1-year multiple entry visas is to allow several short vists without the need to apply for more than 1 visa. They are not really intended to enable people to stay, to all intents and purposes, in the UK for one year.

When your wife applies for her visa, she will have to complete an application form, and this is kept for a certain period of time by the embassy (I don't know how long it is in BKK). Should your wife then be stopped by an immigration officer in the UK for further questioning, the IO will contact the embassy requesting a copy of the application form and any accompanying notes. Once received, the IO will compare what is written on the form to what your wife has told him. If the 2 accounts differ, the IO might conclude that your wife either misrepresented herself when seeking the visa, or her circumstances have changed since the visa was issued. For example, if your wife were to state on the visa application form that she intends a series of short visits, but she has now been held up by the IO having spent 6 months in the UK, seeking another 6, he/she might conclude that this doesn't amount to a series of short visits and that, therefore, either misrepresentation was used to get the visa, or that circumstances have changed since it was issued. However, should your wife be refused leave to enter in such a situation, she would have the right of appeal from within the UK; i.e. she wouldn't be kicked out until such a time as any appeal had been resolved.

What you have to weigh up in your own mind is how likely the foregoing is to happen. Really, it would just depend upon the inquisitiveness of the IO on the day.

Cheers,

Scouse.

[GU22]

why would we struggle obtaining a visa again in bkk?

If she spends more than 6 months in the UK on one visit she will be in breach of the immigration rules. Having broken the rules once, it will obviously make it difficult to persuade the ECO that she wont do it again.

There appears to be some confusion here, Bozy. A one year visit visa is not for a one year visit, as Scouse explains above.

How long will my visa be valid for?

With a visit visa you can usually enter and leave the UK any number of times while it is still valid. The Entry Clearance Officer (ECO) may occasionally limit a visa so it is valid for only one entry. You cannot stay for longer than six months on each visit. Visit visas can be valid for 6 months, one year, two years, five years or ten years. You can apply for a visa valid for any of these periods. The ECO may decide to make your visa valid for a shorter time than you have asked for, for example if are not a regular traveller or have never visited the UK before.

(My emphasis)