Uk Visitors Visa

[TheGoose]

I've had a look online at the UKBA website & the pinned topics at the top of this forum but I can't find an answer to my question so I'm hoping someone on here can help. I am a UK national whose Thai girlfriend came to visit me on a UK visitors visa for 7 weeks (arrived 6 April & left when I went on holiday to Thailand on 27 May). She is pregnant with our first child which is due in October so once I've sorted out a UK passport etc for our child I was hoping of bringing my girlfriend back over for another visit on a UK visitors visa in February 2013. Is there any rules about not allowing more than one UK visitors visa for the same person in a 12 month period ? We are going to get married but that will probably not take place until later next year when we will be looking for a settlement visa when my family can come live with me here in the UK.

[7by7]

The rule is that a general or family visitor cannot spend more than 6 months in the UK on any one visit.

There is also a convention (not rule) that a general or family visitor should not spend more than 6 months out of any 12 in the UK. I doubt, though, that your girlfriend will fall foul of this given the stated length of time between visits.

However, as she by then will have not only a British boyfriend who lives in the UK but also a British child by him, I think that she will have a difficult job convincing the ECO that she will leave the UK at the end of her visit and does not intend to remain there with the father of her child.

Any idea what arguments you will use for this?

[TheGoose]

Thanks for the reply. I hadn't thought about the UK's view on the situation you describe in your last paragraph but if we do try for a visitors visa we are going to have to have a good argument for her return to Thailand at the end of the visit.

[bobrussell]

There are plenty of good reasons to return but with a baby added to the equation you will need to show your girlfriend has strong enough ties to Thailand that she is likely to return.

Property ownership, settled family life in Thailand etc will help but she has had a previous visa before and this will help. In the covering letter make it clear that there is no plan for her to settle in the UK and she would not want to damage the chances of future visa applications.

There is nothing wrong with having a partner living abroad and visiting regularly as long as it isn't a way of by-passing the settlement rules.

I suspect there will be more people having to split relationships between countries with the introduction of the new settlement rules!

[TheGoose]

The longer term plan is for us to get married & for them to move over to live with me in the UK. Do the new settlement rules affect this in anyway & when do they come into effect ?

Edited June 25, 2012 by 7by7
Unnecessary full quote of preceding post removed.

[ThaiVisaExpress]

The applicant has already visited the UK & had the chance to spend the full 6 months as per her visa she chose not to. Her circumstances will have changed however I can see no reason why she would get declined another visit visa.

• What are your future plans I would think the baby would be better off in the UK education wise etc
  

[7by7]

The longer term plan is for us to get married & for them to move over to live with me in the UK. Do the new settlement rules affect this in anyway & when do they come into effect ?

If you are British otherwise than by descent the new rules wont effect your child as s/he will be a dual Thai/British national and you will, presumably, be obtaining a British passport for him/her. If you are British by descent s/he wont be British unless born in the UK*. See the first section of British Citizenship Basics for more details and an explanation of 'British by descent' and 'British otherwise than by descent'.

The new rules come into effect for all family settlement visa applications made on or after 9th July 2012. See the Statement of Intent for the proposals and here for discussion of them.

*Note that while your wife to be is in the UK as a visitor she will not be entitled to any NHS treatment except initial emergency care in an A&E department; so if she does give birth whilst in the UK as a visitor she will have to do so privately and pay the full cost. If she enters the UK with a settlement visa she will be entitled to full NHS care the moment she arrives.

[TheGoose]

Thanks for the replies.

I have researched all the info & rules around qualifying as a UK national/citizen & our child will be British by birth. I will therefore be applying for both a Thai & UK passport.

The plan is for the birth to take place in Thailand & then move the family over to the UK to live with me sometime next year after we get married.