What Visa To Apply Next After 4 Uk V Visas

[nitnoymoy]

Hi,I am a uk resident and taxpayer owning property in both countries and have been spending winters for the last 4 years in LOS, My longtime thai girlfriend has been accompanying me to the uk for summer on visit visas spending just less than 6 months in uk each year since 2009 which I thought was perfectly legal. On arrival at Manchester last week she was given a grilling by the immigation officer about the amount of times she has been to uk and told she was on the wrong visa copies of both her and my passport where taken and a note made on the compter that she would not be allowed again next year on a v visa.they said they would allow this visit but to get correct visa next year. I dont want to be forced to marry just to get a visa.,she does not wish to settle in uk so what visa do they want?

[theoldgit]

Yes what your girlfriend is doing is legal, if she girlfriend stated in her applications that she intended to stay in the UK for almost six months, and the ECO was satisfied that the visits were genuine and that she would comply with the visa then she has done nothing wrong.

I suspect that IO thought that she was attempting to circumnavigate the settlement route, by spending a disproportionate amount of time on holiday in the UK.

The IO would have access to your girlfriends application, and if they thought there was a change in circumstances or that the visa was obtained fraudulently then your girlfriend could be refused entry.

[Tony M]

With respect, and I don't doubt your word, the immigration officer at Manchester was totally wrong to make such a statement. Are you sure that is what the immigration officer said ?

There is absolutely no limit on the number of visits that a genuine visitor can make to the UK ( as long as there is no overstaying, working illegally, etc).

How could your girlfriend be on the wrong visa ? She is a visitor, and requires a visit visa, unless she wants to enter for some other purpose. What visa was she advised to obtain ?

If she was informed that she cannot enter the UK again on a visit visa, then you have grounds for complaint. If you want to PM me the immigration officer's name ( if you noted it ) or the number in the stamp in your girlfriend's passport, then I will contact the Inspector of Immigration at Manchester Airport, who happens to be a friend of mine. She is now away for two weeks, but I can contact her when she returns to work.

[paully]

With respect, and I don't doubt your word, the immigration officer at Manchester was totally wrong to make such a statement. Are you sure that is what the immigration officer said ?

There is absolutely no limit on the number of visits that a genuine visitor can make to the UK ( as long as there is no overstaying, working illegally, etc).

How could your girlfriend be on the wrong visa ? She is a visitor, and requires a visit visa, unless she wants to enter for some other purpose. What visa was she advised to obtain ?

If she was informed that she cannot enter the UK again on a visit visa, then you have grounds for complaint. If you want to PM me the immigration officer's name ( if you noted it ) or the number in the stamp in your girlfriend's passport, then I will contact the Inspector of Immigration at Manchester Airport, who happens to be a friend of mine. She is now away for two weeks, but I can contact her when she returns to work.

"My longtime thai girlfriend has been accompanying me to the uk for summer on visit visas spending just less than 6 months in uk each year since 2009"

I suspect this was the issue rather than the actual number of visits she made, Tony. This regular pattern and length may indicate to the immigration officer that she is not really a visitor to the UK and is therefore on the wrong visa.

[Tony M]

With respect, and I don't doubt your word, the immigration officer at Manchester was totally wrong to make such a statement. Are you sure that is what the immigration officer said ?

There is absolutely no limit on the number of visits that a genuine visitor can make to the UK ( as long as there is no overstaying, working illegally, etc).

How could your girlfriend be on the wrong visa ? She is a visitor, and requires a visit visa, unless she wants to enter for some other purpose. What visa was she advised to obtain ?

If she was informed that she cannot enter the UK again on a visit visa, then you have grounds for complaint. If you want to PM me the immigration officer's name ( if you noted it ) or the number in the stamp in your girlfriend's passport, then I will contact the Inspector of Immigration at Manchester Airport, who happens to be a friend of mine. She is now away for two weeks, but I can contact her when she returns to work.

"My longtime thai girlfriend has been accompanying me to the uk for summer on visit visas spending just less than 6 months in uk each year since 2009"

I suspect this was the issue rather than the actual number of visits she made, Tony. This regular pattern and length may indicate to the immigration officer that she is not really a visitor to the UK and is therefore on the wrong visa.

There is nothing wrong with this regular pattern. The immigration rules say that she needs only to qualify as a general visitor, which includes leaving at the end of each visit. The rules don't actually explain what a general visitor is ( as opposed to a student visitor or a marriage visitor, etc), but it doesn't necessarily have to be a person who goes sightseeing. The appeal courts have determined that the term "general visitor" is open to interpretation,and since the rules allow visits of up to 6 months, then a visitor is a visitor.

I know many people who have a regular pattern of 6 months in Thailand, and six months in the UK. And, it does fall within the terms of general visitor as long as the there is no studying, working, etc, etc.

[paully]

^ But, as theoldgit has already pointed out, the OP's girlfriend and your 'many people' run the risk of being classed as spending a disproportionate amount of time in the UK for a visitor. The OP's girlfriend would appear to have had this raised with her by the immigration officer although the OP of course does not have a transcript of exactly what was said.

[Tony M]

^ But, as theoldgit has already pointed out, the OP's girlfriend and your 'many people' run the risk of being classed as spending a disproportionate amount of time in the UK for a visitor. The OP's girlfriend would appear to have had this raised with her by the immigration officer although the OP of course does not have a transcript of exactly what was said.

I'm not sure what you mean by disproportionate amount of time in the UK for a visitor. She has complied with the immigration rules, and there is no other visa that she can apply for if she and her boyfriend want to continue with the current pattern of visits. She has not broken any laws, as far as we know, and the law allows her to spend 6 months in the UK as a visitor. As I said, many people do exactly the same. If she had done something wrong or illegal, then the IO would have refused her entry.

Edited May 17, 2013 by Tony M

[checkoutcomplete]

I have had this problem before, the second time my wife went to the manchester on a visit visa we were asked a question?

Simply and quote:

"This is the wrong visa, why have you not got a settlement visa?"

I simply replied my wife is 20 (now my wife is 22 and in 25). At this time the age for a settlement visa was 21.

The passport checker who asked, quickly went quiet.

I forgot to mention we were with out son at the time, which to be honest I found the whole thing appalling.

One would assume they are simply asking the question, to catch you out. See your reaction.

We were refused a settlement visa last year and 2 weeks after received a visitor visa valid for 6 months. No questions were asked on arrival at manchester airport.

All I can say is be prepared, if you are genuine and have nothing to hide don't be annoyed by the question. I guess it's general procedure.

As for your next options, I would carry on doing as you do. Unless you do want to live permanently in the UK with your wife, then go for a Settlement visa through being in a civil partnership.

As for people saying his girlfriend is spending inappropriate time or whatever in the UK, how is that? His girlfriend and many others are allowed to stay in the UK for a period and no more than 6 months, of which she has 4 times. Where is the problem. The visa is a multi entry type, which means she can go for 2 months come back to Thailand and then return to the UK, within the 6 months validity.

Sorry to rant.

[theoldgit]

Obviously I will bow to your experience Tony, but if the OP's girlfriend had said in her application that she intended to spend a couple of weeks in the UK, and then spent six months, and did this time and again, wouldn't the IO at the Border be correct in challenging her?

I don't know what were in her applications, and if she had did state in her apps that the purpose of her visits were to spend six months at a time in the UK time after time, and based on the evidence supplied the ECO was satisfied and she was granted clearance, then all well and good.

Surely the IO was correct in satisfying himself that everything was correct and above board at the Point of Entry.

I do agree with with your point that having checked the ladies travel patterns the response would seem to be the wrong one, as you rightly say if she had done something wrong or illegal she would have been refused entry.

[Tony M]

Obviously I will bow to your experience Tony, but if the OP's girlfriend had said in her application that she intended to spend a couple of weeks in the UK, and then spent six months, and did this time and again, wouldn't the IO at the Border be correct in challenging her?

I don't know what were in her applications, and if she had did state in her apps that the purpose of her visits were to spend six months at a time in the UK time after time, and based on the evidence supplied the ECO was satisfied and she was granted clearance, then all well and good.

Surely the IO was correct in satisfying himself that everything was correct and above board at the Point of Entry.

I do agree with with your point that having checked the ladies travel patterns the response would seem to be the wrong one, as you rightly say if she had done something wrong or illegal she would have been refused entry.

Of course, if she had stated that she was only staying a short period due to work commitments, or whatever, the IO would have good reason to refuse her entry, but that doesn't seem to be the case. I think the main point is that the IO said that she will be refused entry if she comes to the UK again with a visit visa. That must be worrying for the OP and his girlfriend, if she has done nothing wrong. Circumstances can change, and if she was issued the visa on the basis of short visits, but now stays 6 months each visit, then the IO can, if there is sufficient evidence, refuse her entry on a material change of circumstances, or because she made false representations ( basically lied) to obtain the visa. The IO didn't even come close to refusing ( it seems), apart from "advising" the girl not to come back to UK with a visit visa (!), which leads me to believe that the OP's girlfriend has done nothing wrong.

[7by7]

As for your next options, I would carry on doing as you do. Unless you do want to live permanently in the UK with your wife, then go for a Settlement visa through being in a civil partnership.

Point of order!

In the UK only same sex couples can enter into a civil partnership, and civil partnerships have the same legal standing as marriage does for male/female couples.

If the OP is male and wants to settle in the UK with his girlfriend without their marrying, then she would apply as his unmarried partner.

If the OP is female and they want to settle in the UK without entering into a civil partnership then she would apply as a same sex partner.

But the point is moot as the OP says they don't want to settle in the UK.