Family Visit Visa, Staying 6 Months, Applied Only To Stay 1 Month.

[bryangiggs]

Hi All, I know that a Family Visit Visa to the UK is valid for stays of up to 6 months but would it cause any problems at passport/border control etc. if when my wife's sister was applying, she stated that she was only visiting for 1 month when she will in fact be staying as long as poss. before the visa expires. I know my Wife did the same when we applied for her first Visit Visa with no problems, but I have heard stories of people being grilled when trying to enter the UK under these circumstances.

[Sjptain]

Yes, it will cause problems later when applying in future. My now wife visited her sister in 2005 on the basis of a one month stay, she got a 6 month visa and decided to stay the full duration. In 2007 we applied for a visa to go back and it got declined because she had overstayed her one month trip.

Took us two attempts before we finally cracked it.

[7by7]

If her visa is valid for six months then there is no legal reason why she cannot stay in the UK until it expires. (Remember though that the 6 months begins when the visa is issued, not when she enters the UK; unless she asked for a specific start date in her application.)

People's circumstances do sometimes change whilst they are visiting friends or family in the UK enabling, or even requiring, them to stay longer than originally intended and the UKBA are aware of this.

BUT:

From what you say she has not applied yet.

Saying in her application that she intends to stay for one month when she really intends to stay for 6 is obtaining a visa by deception.

If this is discovered at the application stage she will be refused a visa.

If a visa is issued and the deception then discovered at UK immigration (they may question her and they will have access to what she said in her application) she will be refused entry.

Either way she could be banned from visiting the UK for 10 years.

Even if she does manage to enter the UK and stay for longer than originally intended, in any subsequent UK visa application she will need to explain why she did so, and how she was able to do so; especially if she used a job or similar as a reason to return.

Best advice, if she intends to stay for 6 months then that is what she should say in her application.

Edited April 15, 2013 by 7by7

[Arkady]

Sometimes first time applicants just get the time they request, not the standard 6 months. Your sister-in-law's dilemma could be solved if her passport came back with a one month visa in it. My wife got a 3 week visa the first time. She didn't play any funny games and now has a 10 year visa for the UK (and for the US). Six months is the default visa for the US, unless there is a reason to give more or less (some apply and pay for a longer visa but get only 6 months with no refund of the difference) and that is probably done for the convenience of the ECOs rather that an open invitation to use all 6 months when you applied to stay for less. I also know of someone who had stayed for the whole six months and was denied the next time she applied.

[bryangiggs]

If her visa is valid for six months then there is no legal reason why she cannot stay in the UK until it expires. (Remember though that the 6 months begins when the visa is issued, not when she enters the UK; unless she asked for a specific start date in her application.)

People's circumstances do sometimes change whilst they are visiting friends or family in the UK enabling, or even requiring, them to stay longer than originally intended and the UKBA are aware of this.

BUT:

From what you say she has not applied yet.

Saying in her application that she intends to stay for one month when she really intends to stay for 6 is obtaining a visa by deception.

If this is discovered at the application stage she will be refused a visa.

If a visa is issued and the deception then discovered at UK immigration (they may question her and they will have access to what she said in her application) she will be refused entry.

Either way she could be banned from visiting the UK for 10 years.

Even if she does manage to enter the UK and stay for longer than originally intended, in any subsequent UK visa application she will need to explain why she did so, and how she was able to do so; especially if she used a job or similar as a reason to return.

Best advice, if she intends to stay for 6 months then that is what she should say in her application.

She has already applied and originally intended to stay for just 1 month but now her boyfriend will be away working for up to 4 months so she wants to stay for longer if possible. She doesn't have a job in Thailand, her boyfriend supports her so that won't be a problem & she also has property & land.