Jump to content

Recommended Posts

Posted

Hi, just Quick question, my friends GF has been granted a visitors visa for 6 months, The plan is that she will be in the UK for 2 months before she returns home and then my friend is going over to bangkok where they plan to get married. They are going to apply for a spouse visa after getting married, but my Question is, could she come back over to the UK on the raiming visitors visa for the remaining time on the visa and then return to Thailand to obtain the spouce visa. The plan is, that his GF will do the listening and speaking exam while on the visitors visa like my wife did many moons ago. My friend tends to think that their would be a risk with future visa,s if she did return married on a visitors visa. This will be her 2nd visitor's visa with a break of 12 months without coming back into the UK.

Posted (edited)

Hi, just Quick question, my friends GF has been granted a visitors visa for 6 months, The plan is that she will be in the UK for 2 months before she returns home and then my friend is going over to bangkok where they plan to get married. They are going to apply for a spouse visa after getting married, but my Question is, could she come back over to the UK on the raiming visitors visa for the remaining time on the visa and then return to Thailand to obtain the spouce visa. The plan is, that his GF will do the listening and speaking exam while on the visitors visa like my wife did many moons ago. My friend tends to think that their would be a risk with future visa,s if she did return married on a visitors visa. This will be her 2nd visitor's visa with a break of 12 months without coming back into the UK.

My wife, then girlfriend did 3 years ago.. We stayed in the UK from April to the beginning of June.. We returned end of July to mid October.. She did get asked why she was back but she just said my boyfriend has to work and they let her through.. Maybe she was lucky I don't know... As long as the information they give when you apply is accurate at the time there is no reason why they can't make a 2nd visit as per conditions of the visa.. The only thing I think could present a problem is the marriage.. This is a change in circumstances that may lead boarder agency staff to think she has less reason to return now and trying to bypass the spouse visa route Edited by stuartsko
Posted

The only thing I think could present a problem is the marriage.. This is a change in circumstances that may lead boarder agency staff to think she has less reason to return now and trying to bypass the spouse visa route

Yes, I was thinking the same. Maybe to much of a gamble and easier just applying for the spouse visa.

Posted

Standard UK visit visas are multi entry which means they can be used to enter the UK as many times as the holder wishes during their validity.

This is indicated by the word 'Mult' on the vignette.

If for some reason the ECO has cause to limit the number of entries allowed then the relevant number will appear instead.

However, if immigration at a UK port of entry have reason to believe that there has been a significant change in circumstances since the visa was issued then they may questi0n the person seeking entry and if not satisfied could refuse them entry. This could even happen on that person's first entry with the visa.

It sees to me that marrying a British citizen is a significant change in circumstances; especially if that British citizen lives in the UK.

If the only reason for making the second visit is to sit the speaking and listening exam then better, in my opinion, for her to take it during her first visit and then return to Thailand, marry and apply for her spouse settlement visa.

I fully understand the desire to take the English test while in the UK, more convenient as the only places one can take it in Thailand are all in Bangkok and probably cheaper too.

But tell your friend that while she can sit the exam whilst in the UK as a visitor, she cannot undertake a course of study for it which runs for longer than 30 days in total (see permitted study) . For a course longer than 30 days and up to 6 months (11 months if studying English) she would need a short term study visa (previously called a student visitor visa).

Remember, too, that she will need to travel to Bangkok prior to submitting her settlement application anyway for her TB test.

  • Like 1
Posted

The one and only time we had problems with immigration was following our marriage. My wife had a marriage visit visa, returned to Thailand to sort out a few things. Returning well within the validity of the original visa, she was detained at Heathrow. Grounds were that there had been a significant change in circumstances and the visa was no longer valid!

Clearly this was nonsensical but there was the suspicion that she intended to apply to settle whilst in the UK. As we knew this already and were planning to return to Thailand (me for a holiday!), this was somewhat of a shock!

If you plan to use the visa, I suggest you have plenty of evidence to show she intends to return to Thailand. A return ticket should really do!

  • Like 1
Posted

Thank you for all of your replies, yes the best advice is to get the listening and speaking when she comes into the UK, return home to Thailand get all the paperwork complete, get married, then TB test done and apply for a spouce visa, not sure if there are many changes since I did ours in 2011 apart from the money side of things, but yes, trying to returned on the visitors visa is not the best thing to do unless you declare the changes before coming back to the UK. I do understand that some people do only come into the UK on tourist visas while married but that will depend on their circumstances.

Posted

The one and only time we had problems with immigration was following our marriage. My wife had a marriage visit visa, returned to Thailand to sort out a few things. Returning well within the validity of the original visa, she was detained at Heathrow. Grounds were that there had been a significant change in circumstances and the visa was no longer valid!

Clearly this was nonsensical but there was the suspicion that she intended to apply to settle whilst in the UK. As we knew this already and were planning to return to Thailand (me for a holiday!), this was somewhat of a shock!

With respect; not nonsensical at all.

She had a marriage visit visa; the sole purpose of which is to enter the UK, marry and then leave (even if it is multi entry).

So, having married, her circumstances had changed significantly and the reason for her having the visa no longer existed.

You and she may have known that she was definitely going to return to Thailand to apply for settlement; but immigration didn't!

If you plan to use the visa, I suggest you have plenty of evidence to show she intends to return to Thailand. A return ticket should really do!

If one is attempting to use a visit visa to enter the UK when one really intends to remain and/or work illegally, losing the, usually relatively small, difference between the cost of a return and a single is insignificant.

For this reason, a return ticket on it's own is not accepted as proof a visitor will leave the UK.

Posted (edited)

At no point does it state that a marriage visit visa becomes invalid once the marriage has taken place. Similarly if a visit visa is to attend someone else's marriage, it does not become invalid for a follow up visit. If you choose to have a second visit within the term of a visa but have not told them when the application is made, the visa remains valid.

Clearly an immigration officer is entitled to ask further questions but none of these changes invalidate the visa under immigration law.

Years of compliance with visa terms, combined with questioning to clarify the situation did allow her to enter the UK and as planned she left before the visa expired.

Plans change but this does not automatically change the validity of a six month visa. Getting married does not cancel a marriage visit visa's validity.

A return ticket just helps support the picture of a visit. Clearly it is not going to prove someone is going to behave themselves. Not much really does!

Edited by bobrussell

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.



×
×
  • Create New...