Help please

[rodo555]

Hi guys I hope someone can give me advice , my Thai girlfriend has just arrived in the uk , she's going to be here for six months , on the advice of a visa expert in Pattaya we got flight ticket to return after three weeks and I will change for a later date
My question is that I would like to take her for a holiday to Turkey where no visa is needed for her , but will there be a issue with British imagration on her return to the UK as they asked 3 times for the dates of her return
Many thanks

[MaprangHolmes]

I doubt you will have a problem when you return to the UK but you may well have a problem when and if you apply for another visa for your GF to come and visit you in the UK if on the visa form you put down she will be staying for 3 weeks but in reality she is going to stay for 6 months you may well have a big problem when applying again trying to explain why she stayed for much longer than you have told them about.

Edited August 9, 2014 by MaprangHolmes

[7by7]

UK visit visas are usually multiple entry; check, it should say 'Mult.' If it does then it can be used for multiple entries during it's validity. If there's a number instead, this is the number of entries it can be used for.

 

However, in addition to the possible problems she could have the next time she applies, she may have problems trying to use this visa to enter the UK again.

 

A visa does not guarantee entry; it allows the holder to travel to the country which issued it where that country's immigration will make the final decision on whether or not to allow entry.

 

Her details, including what she said in her application, will be on record and when she returns to the UK from Turkey UK immigration may call them up. If they do then they will see that she said in her application that she would be returning to Thailand after 3 weeks and so she may very well be subjected to questioning, without you, on why she has returned to the UK from Turkey and not gone back to Thailand when she said she would.

 

This may be difficult to answer; especially if she said in her application that she had to return by a certain date for work or similar and that date has passed.

 

If immigration do question her and are not satisfied with her answers she will be refused entry to the UK.

 

Not sure if she would be put on a plane to Thailand, or to the country she travelled to the UK from: Turkey. I suspect it would be Turkey.

 

Untruths in a visa application are always a very bad idea; and no real visa expert would suggest that an applicant uses them at any stage.

 

Remember, she signed a declaration to say that everything in the application was true; not the visa 'expert.'

 

 

Edited August 9, 2014 by 7by7

[rodo555]

Thanks guys it seems I got bad advise , we did the same last year but never left the UK and she was able to come in ok this time , but was questioned much more on this visit

[steady]

Unfortunately we cannot ask, "Who is the visa expert that said apply for a 3 week visa and get a 6 month visa?. I can see that this going down the same route as so many before. The question is about who is actually an expert?

 

Why would you believe that anything that I say makes me an expert? Is it because I charge money? If that is the case then please pm me for the place to send your money to. I'm hoping to get a holiday paid from giving bad advice to visa applicants....surely I won't be the first.

 

I continue to read most contributions to this forum and I grow old and tired at the amount  of misinformation and downright lies that I read. I have to compare this against the (in my opinion) most relevant, up to date and generally truthful advice given by contributors.

 

As they say, 'timing is everything". So why can no one ever ask for advice before the event....everything comes afterwards.

[7by7]

Thanks guys it seems I got bad advise , we did the same last year but never left the UK and she was able to come in ok this time , but was questioned much more on this visit

 

Cause and effect.

 

It may be wise to abandon the idea of a visit to Turkey; or move it to the end of her visit so she returns to Thailand from there.

[rodo555]

Ok we have abandon the trip to Turkey , had we told the Emmbasy that she was staying in the UK for 5-6 months might they of turned her down ?

[Jay Sata]

Ok we have abandon the trip to Turkey , had we told the Emmbasy that she was staying in the UK for 5-6 months might they of turned her down ?

Well you suggested it was a three week trip in the opening post. When granted the visa it became a six month visit.

How many real genuine workers in the world can take six months off work?

Now it appears there is a pattern of six month visas.

I would say you are facing problems in the future.

In my opinion she is semi resident in the UK.

[rodo555]

Ok we have abandon the trip to Turkey , had we told the Emmbasy that she was staying in the UK for 5-6 months might they of turned her down ?

Well you suggested it was a three week trip in the opening post. When granted the visa it became a six month visit.

How many real genuine workers in the world can take six months off work?

Now it appears there is a pattern of six month visas.

I would say you are facing problems in the future.

In my opinion she is semi resident in the UK.

The last trip she stayed for 10 weeks and she was not questioned about this by immigration at the airport , also I spend 3-4 months in Thailand , have my own house , a limited company + a well paid consulting job in the UK , not sure if that helps ,
i just wished i had taken better advice in the first place Edited August 10, 2014 by theoldgit
Quote fixed

[7by7]

Ok we have abandon the trip to Turkey , had we told the Emmbasy that she was staying in the UK for 5-6 months might they of turned her down ?

 

Depends entirely on her circumstances in Thailand and the reasons for spending so long in the UK.

 

Plenty of people do get UK visit visas when they say they intend to stay for 6 months.

 

Some people are declined when they say they intend to stay for six months but their stated circumstances indicate this would be impossible; e.g. their boss has only given them 2 weeks leave!

 

I should stress that there is nothing wrong, legally or morally, in staying longer than originally intended or stated in the visa application; people's plans do change.

 

It is deliberately making a false statement in the application which is wrong.

 

There is also nothing wrong in making regular trips to the UK; especially as her partner is based there and also makes regular trips to Thailand.

 

Although if she were to spend, or attempt to spend, more than 6 months out of any 12 in the UK as a visitor then she could be refused a visa or refused entry on the grounds of using visits to by pass the settlement rules.

Edited August 10, 2014 by 7by7

[Donutz]

@Steady: indeed a paid service does not mean they will get things wrong (genuine mistakes, outdated information, outright ripp offs), though if it is a long established company with lots of clients then you'd expect them to get it right most of the time. Sadly with some silly laws those who don't cannot be named and shamed here so that those who have a habbit of providing bad services or advice will find themselves with a declining customer base. Even so, even the good agents out there make genuine errors or applicants may misinterpeted or ignore advice ("got my visa which I requested for a 1 week stay, might aswell stay the maximum amount now") .

I do not see a lot of wrong info on this forum, those are often corrected by fellow members who can back up their claims with actual sources such as what an embassy or immigration department writes or better yet (since even they make errors!) actual legislation or guidelines, detailing a certain law or process.

Now I know little on Uk visas but I suspect they'd like to see some explination why someone stayed for much longer then orginally applied for. 7by7's contributions seem very logical to me. Perhaps the OP can provide convincing reasons why she would stay for much longer or perhaps it would be saver not to stay excessively longer the first indicated and genuiy request for a visa in the future indicating it will be for 6 months and how that is affordable, possible (reasons to return home) and genuine travel purpose. The visa history should help.

[ThaiVisaExpress]

Donutz comments are good.  If you pay for advice, then you would hope to get good advice in return. The matter of the length of a visit is always a matter for discussion. As 7x7 says, there is nothing legally wrong with staying the maximum 6 months, but doing so must be with a view to what the applicant's home circumstances are, and what her future intentions are.

 

Jay Sata, as usual, makes sweeping comments, along the lines of "How many real genuine workers in the world can take six months off work?"   Why has he assumed that the applicant is employed ?  And, " In my opinion she is semi resident in the UK. ".  This is based on what ?  She appears to have had a 10 week visit last year, ans is currently visiting again this year. And what is a "semi-resident" in immigration law ?

 

So, if the applicant is not employed, there is nothing really to stop her from visiting her partner in the UK regularly, as long as she doesn't fall foul of the immigration rules. The rules currently say that an applicant must not intend to live for extended periods in the UK through frequent or successive visits. That requirement is open to "interpretation" of course, and we have had much correspondence with UKVI about what constitutes "frequent or successive visits".  Even the Embassy in Bangkok have agreed that it is open to interpretation.  So, if an applicant ( and her sponsor) can show that the applicant is not living in the UK, then a visa should be issued. I am aware of many applicants, and their partners, who spend 6 months of each year in UK and Thailand. Indeed, we have obtained visas for them to do so.

 

However, going back a bit, if the applicant is employed in Thailand, and the visa was issued because she had 3 weeks leave from that job, then that is a different kettle of fish altogether. 

 

[Tony M]

 

Ok we have abandon the trip to Turkey , had we told the Emmbasy that she was staying in the UK for 5-6 months might they of turned her down ?

Well you suggested it was a three week trip in the opening post. When granted the visa it became a six month visit.

How many real genuine workers in the world can take six months off work?

Now it appears there is a pattern of six month visas.

I would say you are facing problems in the future.

In my opinion she is semi resident in the UK.

 

 

More nonsense from Jay Sata.

 

"How many real genuine workers in the world can take six months off work?"     Who says she is employed ? Why do you make such an assumption ?

 

"In my opinion she is semi resident in the UK."    Your opinion, as usual, is absolutely worthless in this instance.   What is "semi-resident" in the UK supposed to mean in relation to immigration law ?   Can a visa be refused on the grounds that someone is "semi-resident" in the UK ?  No, it can't, so what is the point of such a statement ?
 

Edited August 10, 2014 by Tony M

[rodo555]

@Steady: indeed a paid service does not mean they will get things wrong (genuine mistakes, outdated information, outright ripp offs), though if it is a long established company with lots of clients then you'd expect them to get it right most of the time. Sadly with some silly laws those who don't cannot be named and shamed here so that those who have a habbit of providing bad services or advice will find themselves with a declining customer base. Even so, even the good agents out there make genuine errors or applicants may misinterpeted or ignore advice ("got my visa which I requested for a 1 week stay, might aswell stay the maximum amount now") .

I do not see a lot of wrong info on this forum, those are often corrected by fellow members who can back up their claims with actual sources such as what an embassy or immigration department writes or better yet (since even they make errors!) actual legislation or guidelines, detailing a certain law or process.

Now I know little on Uk visas but I suspect they'd like to see some explination why someone stayed for much longer then orginally applied for. 7by7's contributions seem very logical to me. Perhaps the OP can provide convincing reasons why she would stay for much longer or perhaps it would be saver not to stay excessively longer the first indicated and genuiy request for a visa in the future indicating it will be for 6 months and how that is affordable, possible (reasons to return home) and genuine travel purpose. The visa history should help.

Once again many thanks to 7by7 , Donutz and others for there input 

My girlfriend and I have been together for near on 3 years and I liked the idea of us splitting our time between Thailand  and the UK , the easy way for both of us would be to marry but that's a big commitment for me at this moment 

 

Donutz she has not and will not go over a 6 month stay in the UK , she went back after 10 weeks Jan 29th this year , arrived back here August and will return before Jan  2015 

[7by7]

If it is your intention to spend some time in Thailand with her and for her to spend some time in the UK with you each year then visit visas are obviously the way to go.

 

As TVE says, many couples successfully do this.

 

Just remember that she cannot spend more than 6 months in the UK per visit and, usually, more than 6 months out of any 12 in the UK.

 

But be honest in her applications; if her intention is to stay 6 months, say so and show how she is able to do so.

[Robby nz]

Whether it is really relevant to this topic or not I would like to ask :

 

Is there any advantage in using an agent ?

 

I ask this because whether you do or not you still have to provide the relevant information whether it be to the agent or direct.

 

Not long ago we travelled to the UK for a month and I, as sponsor, did the visa application myself, the visa was granted with no problems.

 

If the OP is planning to make these visits regular over the next few years then surely he will have kept all the information regarding sponsorship, accommodation, previous travel that is needed next time.

I presume an agent would go through an application with a client (in this case the OP) before it is presented therefor the OP should know by now just what is required for a successful application.

[Donutz]

I'd say it depens on who is applying and what they or their partner know about the rules, how much effort/time they want to put into the preperation, the complexity of an individual applicant (history) etc. Many succesfully do it themselves but (how many?) prefer an agent -for instance because they happily pay a fee to take a lot of work out of their hands- and others may simply be clueless about the procedures. So if an agent is useful really depends on the applicant (and the agent, but lets assume the well acreditted ones know what they are doing, unless you pay someone who really is only after your money and knows little about visa apllications themselves).

I for instance don't need one, but I know others (in the online and offline world) who do or should need one, them being either too clueless, impatient or not the brighest of people.

The visa agent sticky by 7by7 sums it up quite nicely:

Whether to use an agent to help you prepare a visa application or not is a personal choice. Most applications are straightforward and with a little time and effort spent on research most people are capable of preparing the application themselves.

However, some may not have the time or patience to do this, or there may be complications such as a previous refusal to consider. So, one may decide to use an agent to help and advise.

But, if you do decide to use an agent, be careful.

There are many visa agents in Thailand and their competence (and honesty!) ranges from excellent all the way down to non-existent.

(...)

Edited August 10, 2014 by Donutz

[ThaiVisaExpress]

Whether it is really relevant to this topic or not I would like to ask :

 

Is there any advantage in using an agent ?

 

I ask this because whether you do or not you still have to provide the relevant information whether it be to the agent or direct.

 

Not long ago we travelled to the UK for a month and I, as sponsor, did the visa application myself, the visa was granted with no problems.

 

If the OP is planning to make these visits regular over the next few years then surely he will have kept all the information regarding sponsorship, accommodation, previous travel that is needed next time.

I presume an agent would go through an application with a client (in this case the OP) before it is presented therefor the OP should know by now just what is required for a successful application.

 

It is down to personal choice, if course. If you feel comfortable with doing an application yourself, then there is no reason why you should not do so. Some applicants, or sponsors, do not feel comfortable, or their application may be a difficult one for any number of reasons - previous poor immigration history, criminal record, previous visa refusals, etc.

 

In regards to this particular thread, maybe it would be a good idea to use an agent. Many people would be unaware of the best way to present an application where "frequent or successive" visits might become an issue. Indeed, many people might not even know that this is actually a reason for refusal under the current immigration rules.

 

If someone is considering using an agent, then they should, of course, choose an agent who is registered with the OISC.  In addition, some agents operate on a "no visa, no fee" basis, and this means that if the visa is refused, there is no cost to the applicant. Check the agent's website before committing yourself.

[Richard W]

There is also nothing wrong in making regular trips to the UK; especially as her partner is based there and also makes regular trips to Thailand.

 

Although if she were to spend, or attempt to spend, more than 6 months out of any 12 in the UK as a visitor then she could be refused a visa or refused entry on the grounds of using visits to by pass the settlement rules.

Like visa-exempt entries into Thailand, UK visitor visas are not to be used for living part-time in the UK.  In neither case is there clear guidance as to what counts as 'living part-time'.

 

[Jay Sata]

There is also nothing wrong in making regular trips to the UK; especially as her partner is based there and also makes regular trips to Thailand.

 
Although if she were to spend, or attempt to spend, more than 6 months out of any 12 in the UK as a visitor then she could be refused a visa or refused entry on the grounds of using visits to by pass the settlement rules.

Like visa-exempt entries into Thailand, UK visitor visas are not to be used for living part-time in the UK.  In neither case is there clear guidance as to what counts as 'living part-time'.
 

On the other hand if he gets married proving the relationship is genuine will be no problem.

But why lie in the first place?

A three week trip becomes a six month visit!

No one make plans like that overnight.

With the way the UK visa system is going that is not a good idea.

[Jay Sata]

UK visit visas are usually multiple entry; check, it should say 'Mult.' If it does then it can be used for multiple entries during it's validity. If there's a number instead, this is the number of entries it can be used for.
 
However, in addition to the possible problems she could have the next time she applies, she may have problems trying to use this visa to enter the UK again.
 
A visa does not guarantee entry; it allows the holder to travel to the country which issued it where that country's immigration will make the final decision on whether or not to allow entry.
 
Her details, including what she said in her application, will be on record and when she returns to the UK from Turkey UK immigration may call them up. If they do then they will see that she said in her application that she would be returning to Thailand after 3 weeks and so she may very well be subjected to questioning, without you, on why she has returned to the UK from Turkey and not gone back to Thailand when she said she would.
 
This may be difficult to answer; especially if she said in her application that she had to return by a certain date for work or similar and that date has passed.
 
If immigration do question her and are not satisfied with her answers she will be refused entry to the UK.
 
Not sure if she would be put on a plane to Thailand, or to the country she travelled to the UK from: Turkey. I suspect it would be Turkey.
 
Untruths in a visa application are always a very bad idea; and no real visa expert would suggest that an applicant uses them at any stage.
 
Remember, she signed a declaration to say that everything in the application was true; not the visa 'expert.'
 
 

The other point worth making is the airline taking her back to the UK may well be a low cost such as Easyjet who will not allow her to board.

In which case it will be a ticket back to Thailand.

Quite apart from visa issues these days airlines are increasingly declining passengers who do not appear to have the correct paperwork. This also applies to UK visitors to Thailand with an open jaw or return ticket with a plan for visa free entry for 30 days but no documentation to prove onward travel.

[theoldgit]

 

The other point worth making is the airline taking her back to the UK may well be a low cost such as Easyjet who will not allow her to board.

In which case it will be a ticket back to Thailand.

Quite apart from visa issues these days airlines are increasingly declining passengers who do not appear to have the correct paperwork. This also applies to UK visitors to Thailand with an open jaw or return ticket with a plan for visa free entry for 30 days but no documentation to prove onward travel.

 

Why would Easyjet, or any other carrier refuse to board a passenger with a valid visa to the UK? The fact they may use a low cost carrier is totally irrelevant, Immigration rules apply equally whatever mode of transport is used. If by any chance a passenger was refused landing by a Border Force officer, in this instance, the carrier wouldn't be liable.

 

Carriers have been refusing to board passengers without the correct documentation for as long as I can remember, it's nothing new. The reference to Thailand is irrelevant, this thread is about travel to the UK.