2Nd Visit Visa

[hotwinter]

im with my gf in UK, we applied for a 3 month visit and as most will know they give a 6 month.

we intend to leave to thailand after 3 months and spend 3 months in thailand. after that we both want to return to the UK for another 3 months.

ive read that staying more than 50% of the year in thailand isnt normally allowed but does that work on the actual time spent or the length of the visa? (as in one 6 month visa a year)

also to get the visa in time for my work we will have to apply before the 6 month in the passport has ended, does it matter?

as a side question, is it alot easier to get a secound visa or makes no difference?

[theoldgit]

Reading your post where you state "we applied for a three month visa", I assume you are both Thai, is that right? Your post is a bit confusing as you talk about not being allowed to stay in Thailand for more than 50% of the year.

A second visit visa would not be easier as you still need to convince the ECO that it's a genuine visit and that at the conclusion of the visit you will return home, or at least leave the UK.

You can apply for a visa at any time, including before a previous one has expired, but the more back to back applications you make the more difficult it is to prove that it's a genuine visit.

[7by7]

Indeed, your post is confusing and it is not clear which country you are asking about; the UK or Thailand?

If the UK then whilst there is a maximum limit allowed of 6 months in the UK per visit, there is no maximum on the amount of time spent in the UK as a visitor each year. However, visit visas are for visits, so the convention is that a visitor should not normally spend more than 6 months out of any 12 in the UK.

If I understand your post correctly you do not intend to do this.

Whilst each application is treated on it's own merits, that you have previously visited the UK and complied with your visa conditions is a plus point. But you will still need to show that you have a genuine reason for visiting the UK again so soon after your previous visit.

[7by7]

Having looked at your previous posts I found this topic from November. So know now that you are British and your girlfriend is Thai.

In that topic you say that she was going to ask her employer to write a letter granting her the time off so she could travel to the UK for your mother's funeral.

Yet you said here back in February that she wasn't working.

So some time between February and November she found an employer who, even though she had been in their employ for at most 9 months, was willing to give her three months off so she could travel to the UK for your mother's funeral and then after she has been back at work for just three months will be willing to give her another three months off for a holiday?

Well, good luck with that. I don't know of any employer, in the UK or Thailand, who would be that generous.

However, you said in the February topic that "i dont know how im gonna explain what she does during the time im not there, i am very open about things in thailand and so i let her "work" " so I have to wonder how genuine that employers letter was. Particularly as you also say that she had previously provided a false employment letter to obtain an Australian visa.

If the ECO has similar suspicions, follows them up and discovers that they are correct then she may well find she is banned from visiting the UK for the next 10 years.

Edited December 31, 2011 by 7by7
Addenda

[hotwinter]

sorry if the post is confusing, im english and my gf is thai.

her employer really doesnt care how much time she has off, he has already said its fine for to come and go, so that isnt the issue at hand.

[7by7]

I've added to my previous while you were posting; suggest that you read it again.

[hotwinter]

her employment is genuine, after that time we stayed together she got her job and she never did the bad kind of work again. so all the time i was at home after that she was employed by the same company. so if they decide to check it up they will see she really does work there, im not risking telling lies on applications, i wanted her to come over so i dont want her banned for 10 year!

[7by7]

OK, so she now does legitimate work.

But do you really expect the ECO to believe that after a few months, at most, of employment that her new employer is going to be so generous with time off? That her employer is effectively going to give her 6 months holiday in one year?

As I said, good luck with that; you are going to need it.

[hotwinter]

well if her employer does then whats there not to believe? if they dont think its right they can contact her boss and he will tell them he has given her the time off so i dont see the problem with her work.

it seems you are just trying to put me off applying again?

[7by7]

I can see the refusal notice in my mind as I type:

"I do not find it credible that an employer would grant anyone, let alone a new employee, so much time off. Therefore I do not believe that you have sufficient ties to Thailand to leave the UK at the end of your visit and I refuse the application."

You asked for opinions, I have given you mine. Whether you accept it or not is your choice.

Others may disagree with me; we'll just have to wait and see what they say.

[hotwinter]

so if they decide to call her boss and he says that its ok she has the time off. then why would they refuse it? specially if she has returned back to the same employment?

i understand what you are saying but if its a fact that she has been allowed then... well, facts are facts. its ike denying it because i say the world is round but the ECO says its flat lol

[7by7]

People have been known to provide false documents with a visa application, such as proof of employment; as your girlfriend has done once before in her Australian application.

Her first UK application was fast tracked due to the exceptional compassionate circumstances, applying a second time so soon may cause the ECO to check further. I expect that they will want to speak to her boss and if either the letter with her first application or the one with the second, or both, were written in English they will want to speak with him in English. If he is unable to do so then they will be very suspicious and almost certainly believe the letter to be fraudulent.

Even if he can speak English, or both letters were written in Thai, they still may not believe him, for the reasons already stated.

Although the level proof required for a visa application is only on the balance of probabilities, the burden of proof does lie with the applicant. If she cannot satisfy the ECO that all she has said is true and that she genuinely is being given so much holiday despite her short time in that employment, then no visa.

Remember that most Thais only get two to three weeks holiday per year, why should the ECO believe that she is getting 6 months?

There is nothing to stop her from applying again; but my honest opinion is that it will probably be refused for the reasons I have stated.

But, as I've already said, that is my opinion, others may hold a different one.

[hotwinter]

her boss is english and the letters was written in english so if they wish to speak with him then thats not a problem.

like i say, i understand what you are saying so i take it into consideration when she applied for another visa

[Sarge7]

I understand your post as follows .Please correct me if i am wrong .

You intend to use your G/f's employment as a reason for return to Thailand.

Your girlfriend can afford to spend 6 out of 12 months away from this employment.

She is not dependent on this employment to live.She can come & go back to work as

she pleases.Not a compelling tie to her Homeland.

I do not know if she proposes to work whilst you are in Thailand for 3 months.What other compelling Reason for Return des she have ?

Whilst I appreciate you wish to live together & not be apart this is not the purpose of a visitor visa.

Personally i would apply for a Visa towards the end of your stay in Thailand and postdate her date of travel 3 months to re-join you with a letter from applicant stating your desire to spend as much time together whilst you are developing your relationship & considering your longterm future together.

Subsequent visas are easier to obtain providing you still meet the criteria.ie Compelling reason to return to Thailand.A refusal is a huge step backwards.

[bifftastic]

I think that the reason to return based on a job that she doesn't really need (as she can afford to have so much time off) is quite shaky ground really. If that is the only reason to return, coupled with the fact that the first visa was issued for a funeral, which takes one day, and she stayed for three months. Now she wants to visit again, after you have both spent three months in Thailand together.

In my opinion, it will have to be a very strong application if it is to be successful. If I were you, I'd try to establish some additional reasons to return, such as family ties, responsibilities etc. Also, it might be useful to remember, that even for a proposed visit of say, one month, the visa issued will be for six. People's plans do change!

[hotwinter]

ok ok so would people think applying for a settlement is a better idea?

last night she said she wants to stay and get a job as she likes it in england (i dunno why, its freezing right now!)

we did intend on getting a settlement at some point but i thought it better to get a couple of visit visas first so they know she has spent enough time in england before appying

[7by7]

If she wants to live with you in the UK then settlement is obviously the better option than attempting to get regular, back to back visit visas.

There is, in fact, absolutely no need for her to have visited the UK at all before applying for settlement.

However, only apply for settlement if you are both certain that you want to spend the rest of your lives together. Do not marry just to get her a visa; that will end in tears.

From what you have said, there are two settlement options open to her.

Fiance. This lasts for 6 months and during this time she enters the UK, you marry and she then applies, and pays for, a 24 month extension known as Further Leave to Remain. At the end of her FLR she applies for Indefinite Leave to Remain.

Spouse. You marry in Thailand and she then applies as your wife. This visa is valid for 27 months and after she has lived in the UK for 24 months she can apply for ILR.

Unless you have firm reasons for marrying in the UK, I would suggest the spouse route as this cuts out the FLR stage and so saves that fee.

There is a third option, unmarried partner. But from what you have said she wouldn't qualify for this.

Whichever category she applies under she will need to show that she satisfies the maintenance and accommodation requirements.

She will also need to provide a TB certificate and evidence that she meets the basic English speaking and listening requirement.

[hotwinter]

well.... looks like im getting married!

had a good look threw the links you posted, thank you them

going to start getting the application together over the next few weeks and the money for it aswell! doesnt come cheap!

[bobrussell]

As with most dealings with government, it is better to do things legitimately rather than fight the system. If you are in a long-term relationship and want to get married go for it! The approach from the ECO is very different (as is the reason for the visa). You need to comply with the requirements that go with settlement (7by7 's links above) so 'reason to return' is replaced with 'without recourse to public funds', housing etc.

Don't get married just for a visa! If in doubt slow things down a bit and stick with visit visas. Reason to return is a tricky one but if your g/f does not have to work but can if she wants you will have to prove this. Has she any property? Close family ties? These help with reason to return as does the old faithful 'we would not want to do anything that might jeopardise a future settlement application.

You do not want a black mark with the UKBA so make sure everything is above board.

[hotwinter]

hello again everyone, i was sure there was a list of places to get the enlish test done on the uk border website but i cant find it anymore? is there a list of places to get it done? as far as im aware (via a search) she can only do it in bangkok?

also register offices in bangkok and a place to get a TB done?

i want to book everything in bangkok before i arrive so we dont have to travel back and forth from phuket to bangkok.

is there any way we can get any of these done in england?

sorry for all the questions, i did try a search on the forum but couldnt find the answers i was looking for

[RAZZELL]

She could take the A1 Test in the UK...My wife (then fiancee) took her's here last year...only took a few hours. Have a read here and make a few calls:

http://www.ukba.home...glish-tests.pdf

Approved test providers in Thailand are:

PEARSON Pearson Professional Center Bangkok Business Building Level 10, Unit 10-10 54, Thanon Sukhumvit Soi 21, Bangkok Thailand, 10110

TOEIC Center for Professional Assessment - Bangkok Suite 1907, Bangkok Business Building 54 Asoke Road, Sukhumvit 21 Bangkok 10110 Thailand. Center for Professional Assessment - Chiang Mai Nawarat Building 3rd Floor Kaeo Nawarat Soi 3 Amphur Muang Chiangmai 50000 Thailand

BULATS Vantage Siam Co. Ltd. 65/213 Chamnan Phenjati Building, 25th Floor, Rama 9 Road, Huay Kwang, Bangkok. 10310

UKBA Thailand:

http://www.ukba.home...me=UK%20English

TB Test in Bangkok:

http://www.ukba.home...me=UK%20English

RAZZ

Edited January 7, 2012 by RAZZELL

[hotwinter]

thanks for the reply.

having looked on the UKBA website it gives new places to take the test?

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

http://cambridgeesol-centres.org/centres/search.do?source=candidateexam&country=TH&qualification=ALL&=Search

also lots of places in england, is this the right test?