Near Back To Back UK Visit Visa

[Maverell]

I am confused ( not difficult ) and wonder if anyone can answer this question:

 

I live and work in Thailand and have a extension of my work permit etc until 2018. I live here and have done so for a long time.

My question is not about whether a visa will be granted but more of a technical one.

 

My Thai girlfriend  was granted a multi entry UK visit visa on 6th April, 2016 with its validity from 14th April - 14 October, 2016.

During that time we travelled to the UK on 2 occasions. She was in the UK a total of 65 days (just over 2 months).

 

Now that her visa has expired is it feasible for her to apply for another one now, for travel back to the UK at the end of November, 2016 ? I know a visitor can only remain in the UK 6 months in any year, and she has not, but can she apply for a new visa so quickly after the expiration of the old one ?

 

I hope I have made my self clear.

 

Any comments would be appreciated.

[theoldgit]

Yes, she can apply for a further visa as soon as she likes.

What I would say though is she should take nothing for granted, whilst the fact she's had a visa previously and, like most people, has complied with the terms of the visa she will still need to satisfy the decision maker that her proposed visits are genuine and affordable and that, on the balance of probabilities she will return home to Thailand.
When assessing her application the ECO will be asking themselves why is this applicant going to the UK so often, does she use employment as reasons to return, if so why does she have so much leave of absence.
If you live together in Thailand and you're visiting the UK together, then there's reason why she can't use the strength of your relationship as a reason to return.
The short answer to your technical question is there's nothing to stop her re-applying so soon, just take as much care with this application as the first. 

[Maverell]

Thanks for that - we will try and see what happens.

[7by7]

See "Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work" starting on page 10 of the Home Office guidance to staff for the main additional factors the ECO will consider when considering an application so soon after previous visits.

 

You'll also see that there is no rule saying that a visitor can only spend up to 6 months in any one year in the UK:

Quote

There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application.  

 

If the intention is to make regular visits to the UK, have you considered a long term visit visa for her?

 

See "Long-term visit visas (multiple entry)" starting on page 25 of the above guidance.

 

They are more expensive, currently:-

• 2 years - £330
• 5 years - £600
• 10 years - £752

and be warned that if the ECO decides to issue a shorter term than requested there will be no refund of the difference in fees. But it saves the hassle of applying every year and, considering the annual increases, even the 5 year one will probably work out cheaper in the long run. Personally, I wouldn't go for the two year one, though; waste of money IMHO.

 

Bear in mind that whatever the term of visit visa held, she can still only spend a maximum of 6 months in the UK per visit and immigration at her port of entry could refuse her entry if they have reason to believe she is in breach of paragraph V 4.2( b ) of the visitor rules

Quote

V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:

 

( b ) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home

 

[Davidll]

My girlfriend applied (before becoming wife) and basically the same situation as yourself regarding time spent in UK as she had been here just under 4 months already on two separate occasions. She applied one week after arriving back in BKK. Visa granted. I did put a letter stating it was going to be a two month visit only and she would not be staying longer than 6 months out of the twelve month period. If needed I don't know but it showed we were well aware of the 'rules' and that she would be returning.

 

I was wrongly advised by two well known visa agents based in Pattaya that on return to Thailand that she would not be able to apply again until a 6 month period had passed. Contacted UKBA and for once they were able to give me accurate information and said she could apply straight away.

 

If she had not applied for a settlement visa than as advised above, we would have applied for long term visitor visa.

[rasg]

My (now) wife actually had two visit visas that overlapped by 12 days last year as we wanted her to spend Christmas with my family. The first ran out on the 12th December. The second started on the 1st December.

 

Back then a 3 year visa was the same price as a two year but they seemed to have dropped the three year offering altogether.

 

We decide to go for the settlement visa (fiancé) and got married despite having almost three years left on her second visit visa.

[Maverell]

Cheers again, we will make it clear that we have to return to Thailand ( my job and her security ) as we did in the first app.