UK visit visa

[TexasRanger]

Typical, I sent an email to the helpline and less than 1 hour later got an email saying the decision had been made and the passport will be sent. Now fingers crossed until it arrives.

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[billybatson]

Just got the email. It says "documents can be collected from VFS after 2 working days"

So, she can go collect her passport on Wednesday ? Is that right?

[Seekingasylum]

There is no such rule expressed in the Immigration Rules that one cannot visit the UK for more than 6 months in any 12 month period. However, the ECO may refuse an application if he is not satisfied the applicant will leave the UK after the stated period of stay if the applicant has made successive and frequent visits to the UK to a degree that undermines the applicant's credibility.

In the absence of any appeal rights it is fairly safe to assume that ECOs everywhere will refuse on these grounds as if there were such a rule.

[billybatson]

Jim, sorry to hear about the decision. Absolutely gutting, we're about to find out - hopeful but very nervous.

Out of interest, did your lady need any reference (visa application ref maybe?) to get into the office (Trendy building) before collecting her passport?

Just curious because the email doesn't mention anything. Or does she only need some ID (ID card) ?

[jimn]

Jim, sorry to hear about the decision. Absolutely gutting, we're about to find out - hopeful but very nervous.

Out of interest, did your lady need any reference (visa application ref maybe?) to get into the office (Trendy building) before collecting her passport?

Just curious because the email doesn't mention anything. Or does she only need some ID (ID card) ?

Hi BB

All she needed was a copy of the passport and a receipt that they gave her on application. ID card and the reference number. Take all of these and she will get into the passport collection area.

Just about to get ready to go back to Thailand, my shortest stay in the UK ever, looking forward to seeing my lady but I would have preferred it to be in the UK. Have to knuckle down now and get on with life and wait until mid July.

Best of luck

Jim

[Trevstar]

The 6 month thing is a joke when you think about it. I live and work in England and lucky to get 30+ days leave a year but that covers two Maybe 3 trips to Thailand so bringing the missus here is the only option to spend time together.

Surely a person who frequently visits and always returns home in line with their granted visa should be seen as a perfect person to be granted repeated visas

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[7by7]

The first question that springs to mind about couples in your situation, Trevstar, is why doesn't your wife apply for settlement?

I'm sure you have your reasons; possibly that you don't meet the ridiculously high minimum income requirement.

But if you do meet that, and the other requirements, then I'd have thought that a settlement visa is the way to go. Your wife can then live with you in the UK and still travel with you to Thailand for holidays.

If settlement is not an option, then, as you suggest, a person with a history of repeated visits where they complied with the conditions of their visa should have no trouble obtaining one in the future. Indeed, if this is the case for your wife then I suggest that the next time she applies for a longer term visa (2, 5 or 10 years).

This is, of course, also an option for anyone living in Thailand with heir Thai spouse/partner who wishes to visit the UK regularly.

The longer the term, the higher the fee; and you need to remember that if the ECO decides to issue a shorter term than asked for there will be no refund of the difference. But it does mean she can visit the UK regularly without the need to apply for a visa each time. See VAT1.4 Visa validity - What period for a multiple entry visit visa?

Long term visit visa holders can still spend only a maximum of 6 months in the UK per visit. They are also subject to the 'no more than 6 months out of any 12' convention (convention, not, as Seekingasylum points out, a rule).

However, my feeling, supported by anecdotal evidence, is that an IO at a port of entry looking at the passport of a long term visit visa holder is far less likely to check if someone could possibly breach this convention than an ECO looking at a visa application.

That convention is in place to try and stop visitors using frequent, regular, lengthy visits to actually live in the UK. If someone can convince the ECO, or if necessary IO at a port of entry, that they have a genuine reason for regularly spending so much time in the UK as a visitor then they should be issued with the visa or allowed entry. See VAT1.5 Frequency and duration of visits

Like most of the immigration rules etc., it is the past activities of the criminals which now makes it more difficult for the genuine.

Edited May 19, 2014 by 7by7

[jimn]

@ 7by7 thanks as usual words of wisdom. Settlement is not the right way for us because we want to spend 6 - 7 months in Thailand, I think the settlement rules forbid this. I fell foul as I said before was because we applied too early to come back to England. We spent 4 months in England, 4 in Thailand and the visa was refused because if they issue a visa for a further 4 months then it would impinge on the "unwritten 6 month rule" i.e. 8 months in the UK. We intend to apply for a single visit general visa mid July when we should meet the requirements. If we get the visa after we come back to Thailand we will officially register the marriage and apply next time for a multi entry (possibly a family general visit) visa. We would then have a history of complying with immigration rules.

I know it has been written before and I know that past criminal activities have affected it. I am however very angry that I as a British citizen with no criminal record, cannot bring back to England my Thai wife who I have been with for 3 years, when I chose to do so. We don't want to settle in England just come and spend the summer months May - September in England. I have a good pension and savings, what is the problem?

Rant over

Thanks for every ones advice

Cheers

Jim

Edited May 19, 2014 by theoldgit

[billybatson]

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Jim, sorry to hear about the decision. Absolutely gutting, we're about to find out - hopeful but very nervous.

Out of interest, did your lady need any reference (visa application ref maybe?) to get into the office (Trendy building) before collecting her passport?

Just curious because the email doesn't mention anything. Or does she only need some ID (ID card) ?

Hi BB

All she needed was a copy of the passport and a receipt that they gave her on application. ID card and the reference number. Take all of these and she will get into the passport collection area.

Just about to get ready to go back to Thailand, my shortest stay in the UK ever, looking forward to seeing my lady but I would have preferred it to be in the UK. Have to knuckle down now and get on with life and wait until mid July.

Best of luck

Jim

Thanks for the further info, Jim. My GF will have her ID card and visa application ref number with her when she goes there. I'll ask her if she got (and kept) a receipt from her last visit, but she doesn't have a copy of her passport (she gave this to the VAC along with the original) - but I assume her passport number will be enough.

[bobrussell]

There is a very big 'hiccup' in the system for those that retain homes in the UK. Has anyone included suitable comments in the application along the lines that "the applicant's primary home is in Thailand therefore a settlement visa is not appropriate hence the application is for a visit visa as the only alternative"?

If so, what was the response? It cannot be acceptable for (married) couples to be separated only because there is not an appropriate visa type available.

Definitely one to discuss with your MP!

The six months in the year is only a convention therefore it is inappropriate to refuse anyone choosing to stay 4 months at a time if there is a good reason.

[Trevstar]

We are not married and won't be until the times right, not gonna do it for the sake of a visa!

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[TexasRanger]

@

I know it has been written before and I know that past criminal activities have affected it. I am however very angry that I as a British citizen with no criminal record, cannot bring back to England my Thai wife who I have been with for 3 years, when I chose to do so. We don't want to settle in England just come and spend the summer months May - September in England. I have a good pension and savings, what is the problem?

Rant over

Thanks for every ones advice

Cheers

Jim

my sentiments exactly.

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[7by7]

Settlement is not the right way for us because we want to spend 6 - 7 months in Thailand, I think the settlement rules forbid this.

Not as such, but when the time came for her to apply for FLR and, were she granted FLR, then ILR she would have difficulties showing the UK was her main residence and so could be refused.

She certainly would not meet the residency requirements for British citizenship.

We spent 4 months in England, 4 in Thailand and the visa was refused because if they issue a visa for a further 4 months then it would impinge on the "unwritten 6 month rule" i.e. 8 months in the UK.

This does seem a bit harsh, especially if you provided evidence of your immigration status in Thailand, as she does have a genuine reason for making frequent visits to the UK and can show she is not going to settle.

Difficult to comment further without knowing the exact wording of the refusal notice.

I know it has been written before and I know that past criminal activities have affected it. I am however very angry that I as a British citizen with no criminal record, cannot bring back to England my Thai wife who I have been with for 3 years, when I chose to do so. We don't want to settle in England just come and spend the summer months May - September in England. I have a good pension and savings, what is the problem?

Five months out of the year; no problem that I can see, and no reason why your wife should have difficulties with that.

As said, this convention is aimed at people who attempt to use frequent visits to bypass the settlement rules; people who try to spend the full 6 months in the UK as a visitor, leave for a short period and then return (the UK equivalent of visa runners in Thailand, if you will). It is not aimed at ex pats and their foreign spouses/partners who wish to visit the UK once or twice a year.

There

[jimn]

Settlement is not the right way for us because we want to spend 6 - 7 months in Thailand, I think the settlement rules forbid this.

Not as such, but when the time came for her to apply for FLR and, were she granted FLR, then ILR she would have difficulties showing the UK was her main residence and so could be refused.

She certainly would not meet the residency requirements for British citizenship.

We spent 4 months in England, 4 in Thailand and the visa was refused because if they issue a visa for a further 4 months then it would impinge on the "unwritten 6 month rule" i.e. 8 months in the UK.

This does seem a bit harsh, especially if you provided evidence of your immigration status in Thailand, as she does have a genuine reason for making frequent visits to the UK and can show she is not going to settle.

Difficult to comment further without knowing the exact wording of the refusal notice.

I know it has been written before and I know that past criminal activities have affected it. I am however very angry that I as a British citizen with no criminal record, cannot bring back to England my Thai wife who I have been with for 3 years, when I chose to do so. We don't want to settle in England just come and spend the summer months May - September in England. I have a good pension and savings, what is the problem?

Five months out of the year; no problem that I can see, and no reason why your wife should have difficulties with that.

As said, this convention is aimed at people who attempt to use frequent visits to bypass the settlement rules; people who try to spend the full 6 months in the UK as a visitor, leave for a short period and then return (the UK equivalent of visa runners in Thailand, if you will). It is not aimed at ex pats and their foreign spouses/partners who wish to visit the UK once or twice a year.

There

7by7

"We spent 4 months in England, 4 in Thailand and the visa was refused because if they issue a visa for a further 4 months then it would impinge on the "unwritten 6 month rule" i.e. 8 months in the UK"

As you said the refusal was a bit harsh but it was for exactly that. Nothing I can do about it now though. I have just got back to Thailand after a quick visit to the UK just got to get on with life until we can apply again in 2 months.

This time however I will emphasise that we have bought a house together in Thailand and also that as I have retired that I have a Thai retirement visa. Why woiuld we do these things if we were trying to get around the settlement rules.

You never know though they are a law unto themselves

Will keep you all posted and will welcome any further comments

Cheers

jim

[TexasRanger]

Finally received the 2 year visa, 28 days start to finish.

[jimn]

TRCongratulations mate. 28 days far too long but considering the confusion at VFS at the moment its good news. Well done mate enjoy

Jim