overstaying requested dates on 6 month tourist visa

[swarveharve]

Can anybody give me any information on likely repercussions of overstaying the requested dates for a holiday on a 6 month UK tourist visa, but keeping within the granted application!!!

Basically my girlfriend, Noon, was issued a 6 month visa wef 15/5/2013. The dates I originally requested were 15/7/13 until 15/10/13. I know the embassy automatically issue a 6 month visa but I assume it was issued on the fact Noon asked for only 3 months and I supplied information to sponsor her for that time.

Noon's visa expire's 15/11/13 and I would like her to stay until then, this is a month more than requested. I would also like to add that she arrived from Thailand two weeks early. This would give her a total stay of 4 and a half months rather than the 3 she asked for!!!!

At this moment in time we are thinking about another 6 month tourist visa in the future. Would this application be affected????

Further information on how long you have to wait before applying for a 2nd tourist visa would also be appreciated. I know this has to be done in Thailand again, but what time do you have to allow inbetween visits?????????

Finally just some brief info on what happens after the 2nd tourist visa??? Are you pushed into getting married if you wish to spend more time together in UK???

Once again thanks for viewing my topic and I llok forward to your comments.

[Gsxrnz]

I'm no expert, but logic would say that provided she leaves prior to the expiry of the visa dates as shown in her passport, no problems now or in the future.

It doesn't matter what you "asked" for. The visa dates are the visa dates - end of story.

[RAZZELL]

Just explain why your "plans changed".

RAZZ

[Tony M]

Both of the answers above are sort of correct. As long as she doesn't overstay, that is stay longer than the visa allows, then she has done nothing illegal. But, Gsxrnz is not strictly correct when he says "It doesn't matter what you "asked" for. The visa dates are the visa dates - end of story.", because the immigration rules say otherwise. They say :

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him;

(My underscoring)

That is written into the immigration rules for a reason, and the ECO can refuse an application if he doesn't believe that you will stay for the period that you state. He should be able to give solid reasons why he has refused the application, for instance if the applicant only had 2 weeks leave from a job in a previous application, and stayed 6 months. So, as long as you have a reasonable reason for your girlfriend having stayed longer than she asked for ( the weather was good for a change, and she didn't have any job to return to), then you should be okay in any new application. You should explain, in any new application, why she stayed longer than she stated.

Edited September 15, 2013 by Tony M

[swarveharve]

Hi, thanks for the replies.

What is the time you have to wait before applying for a second visa.

I understand noon has to go back to thailand, but need to know how soon we can reapply.

Thanks again

[Bladefire]

6 months

[Basil B]

really anytime, but bear in mind that the guidelines are 6 months in any 12.

Given that she spent more time in the UK than she originally stated I doubt if she applied straight away when she gets back to Thailand that she would get a visit visa so soon, even if she said she was only going to stay less than 6 weeks.

If she stayed 20 weeks total then I think probably wait at least 16 weeks, (better still 20 weeks) before applying assuming it will take a few weeks or so to get the visa then arrange a flight.

Edit, Sorry my maths was wrong, best wait 6 months, so mathematically she will not be spending 6 months in any 12 month period in the UK, I doubt as she stayed longer than originally stated this visit they would believe her if she said she was only coming for 2 or 3 weeks at Xmas, although it is not illegal to overstay the time she applied for she has lost a lot of credibility.

Edited September 18, 2013 by Basil B