UK Visa options

[jimflan]

Most of the posts I I have seen are re Thai Visas. I need some guidance re UK visas. I currently live in the Uk and although I spend a lot of time in Thailand (I visited 4 times last year) I intend to stay in the UK at least until until my lad finishes his GCSE's (Jun 2010), and then move to Thailand.
My wife and I were separated for nearly 4 years and she died last Autumn. I have been with my Thai girlfriend for over a year, and she is in currently in the UK with me and my kids on a 6 month Visitor Visa. This runs out in May and after that I'm not sure what to do. Although my kids like my Thai G/F very much they are understandably very sensitive to me marrying her (I guess it's simply too soon for them).
So, getting a fiance visa (where as I understand it we have to commit to marrying within 6 months) does not look to be a go-er. Nor does getting another Visitor Visa (as they only allow 6 months out of 12 to be spent in the UK) - unless I can get some kind of exemption ?
Neither of us can bear the thought of being separated for six months, so we're open to suggestions/advice etc

[Takiap]

Hi

Don't worry about it to much. I was in the same position and we never had any problems. All you need to do is get application forms for your girlfriend to apply for an extension of stay. You can do the whole thing through the post and she'll get a one year extension.

Hope this helps

[dtaai-maai]

If she was given leave to enter the UK for 6 months, then unless things have changed drastically she is NOT entitled to an extension of stay as a visitor, and if you apply for this it will be refused and she will be told to leave. Subsequent visits will be much more difficult.

Check the details by googling UK immigration rules (UK Border Agency/ extensions of stay). I'll have a quick look myself and if I find anything relevant I'll post it.

[dtaai-maai]

Requirements for an extension of stay as a general visitor
44. Six months is the maximum permitted leave which may be granted to a general visitor. The requirements for an extension of stay as a general visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii)-(vii) and (ix)-(xii); and

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a general visitor. Any periods spent as a child visitor are to be counted as a period spent as a general visitor;

In other words, you can't stay as a visitor for more than 6 months at any one time. The extension referred to would only be relevant if the person had been given leave to enter for less than 6 months for some reason.

http://www.ukba.homeoffice.gov.uk/polic ... les/part2/

[malcolminthemiddle]

(as they only allow 6 months out of 12 to be spent in the UK)............

Is this true? I've never heard of this rule.

Visit visa can be valid for up to 10 years

[dtaai-maai]

(as they only allow 6 months out of 12 to be spent in the UK)............

Is this true? I've never heard of this rule.

I don't think that is the rule. There is an element of discretion. But the bottom line is that a visit must be just that. If a visit has lasted the full 6 months, an immigration or visa officer is likely to ask some searching questions if another 6 months ir requested shortly afterwards.

The link bove leads you to the immigration rules.

Visit visa can be valid for up to 10 years

Huh?

A UK visit visa will usually be valid for 6 months, which means you can use it (i.e. arrive in the UK) at any point before it expires. The length of time you are allowed to stay in the UK depends on the immigration officer, but it will never be more than 6 months as a visitor.

[malcolminthemiddle]

Visit visa can be valid for up to 10 years

Huh?

A UK visit visa will usually be valid for 6 months, which means you can use it (i.e. arrive in the UK) at any point before it expires. The length of time you are allowed to stay in the UK depends on the immigration officer, but it will never be more than 6 months as a visitor.

I beg to differ, a visit visa can be valid for 6 months, 1 year, 2 years, 5 years or 10 years. Check out the application form if you don't believe me. The maximum time allowed in the UK per visit is 6 months. My wife has a visit visa valid for 10 years.

[dtaai-maai]

How right you are - I stand corrected!

How long will my visa be valid for?

Generally visit visas are valid for six months. But they can be issued for longer, for 1,2,5 or 10 years. However, those with longer term visas can still only stay in the UK for six months at any one time, other than Academic Visitors and parents of children at school as outlined above. Longer term visas are generally issued to frequent travellers.

[malcolminthemiddle]

Also, the stamp on entry into the UK is the arrival not a departure date, so the 6 months maximum is a given.

I don't see why the OP's G/F cannot go back to Thailand and apply for a new, longer visit visa. Back in the UK armed with a new, longer visa and a Schengen visa she would be able to make visa runs into Europe.

I would make sure she returned to Thailand well before May and wait a couple of weeks before applying for the new visit visa.

Other options any one?

[lomuamart]

It's a while since I had to look at UK visas for a Thai, but isn't there a regulation that a visitor can only spend 6 months in the UK in any one year?
I might have got that wrong and was it only a proposal that was included together with a VV being cut back to 3 months?
There was a thread about this last year that Caller, BB and others were contributing to.

[Big Boy]

jimflan,

This is obviously VERY important to you, and you need to get it right. Although I've helped many people with their visa applications in the past, in this case I have to decline.

You need to contact the relevant immigration authorities in the UK immediately, and get an official answer - preferably in writing.

What I will say though, as far as I know visas are now issued on the understanding that no overstay will be granted, and any such overstay will result in penalties on subsequent applications.

[caller]

Agree with BB, exclusion from a UK visa for up to 10 years can follow an overstay.

Consider looking here as well: Thailand-UK.com. I know someone who brings his MIL over on a 6-month visa regularly. Met her in October 2007 in Devon and then last November at Loy Kratong at the temple in Wimbledon.

MITH, is your wifes a bog standard visit visa?

[jimflan]

sorry chaps - and I really do appreciate so many responses so quickly (in fact I'm gobsmacked !) - but it's pretty clear from your responses that I need to clarify a couple of points :-
1. My G/F arrived in December on a std 6 month VV (they tend not to grant the 1 year, 2 year etc until you've proven yourself by returning back to LOS a couple of times) i.e this runs out at the end of May.
2. She will be returning to LOS in a couple of weks anyway 'cos (i) she only had a 3 month air ticket, and (ii) she has some family stuff to sort out. So, she will NOT be overstaying om the 6 month rule.
3. Me and the kids go out to LOS (HH in fact) to meet up with her and spend most of April in LOS together. Then all of us (incl my GF) will travel back to the UK at the end of April.
4. She can then stay for the remainder of her visa (end of May) i.e. 1 month, and then she will have to go back to LOS (unless someone can suggest something different ?).
5. Now we have the problem. If you take the Visa rules/guidelines at face value, she cannot then come back to the UK on another VV for another 6 months. And, for the reasons given in my original post, we are not in a position to go for a fiance visa. Being apart for 6 months will do our heads in, and I cannot yet leave the UK. So what other options do you think we have ? e.g. would they accept the reasons for us not being able to marry (my kids being too upset given that their mum only died 5 months ago) as reason enough for granting another VV immediately or is it a waste of time asking; or are there any other ideas/sugestions ?

Over to you wise ones,
Jim.

[caller]

would they accept the reasons for us not being able to marry (my kids being too upset given that their mum only died 5 months ago) as reason enough for granting another VV immediately or is it a waste of time asking; or are there any other ideas/sugestions ?

Jim.

Sorry, but I do think that's a waste of time asking. Rules are rules are rules and you can't legitimately get around them. You have already received conflicting advice here and I think you should go to the Visa section in the UK and/or somewhere you can get sound advice.

You could start here:

http://www.ukvisas.gov.uk/en/howtoapply ... rs#9039021

Then here:

http://www.ukba.homeoffice.gov.uk/visit ... gyourstay/

And finally, here:

http://www.ukba.homeoffice.gov.uk/visit ... onditions/

[dtaai-maai]

2. She will be returning to LOS in a couple of weks anyway 'cos (i) she only had a 3 month air ticket, and (ii) she has some family stuff to sort out. So, she will NOT be overstaying om the 6 month rule.
3. Me and the kids go out to LOS (HH in fact) to meet up with her and spend most of April in LOS together. Then all of us (incl my GF) will travel back to the UK at the end of April.
4. She can then stay for the remainder of her visa (end of May) i.e. 1 month, and then she will have to go back to LOS (unless someone can suggest something different ?).
5. Now we have the problem. If you take the Visa rules/guidelines at face value, she cannot then come back to the UK on another VV for another 6 months.

2 is good - she's returning to Thailand.

4 is incorrect - if she had a single entry VV it has now been used and she will need a new visa to return to UK. If she had a double/multiple entry VV, she can re-enter the UK before it expires and will probably be given another 6 months if the immigration officer is happy she will not overstay.

5 - where do you get this idea? Have you looked at the rules and regulations? I'm fairly certain this isn't one of them. She has been granted a standard visit visa. She's used it and is returning to Thailand. That is a big advantage for a future application. If she's spending a month or 2 back here and wants to apply for another VV there's no reason why she shouldn't do so - same procedure as before.

As long as the visa/immigration people don't think she's trying to use the system the way many expats use it here (constant visits to bypass long-term resident qualifications) she'll be fine.

Caller is right. However well-intentioned the advice is here, you have no guarantee it's accurate. Check it out on line. Checking it out with the authorities in the UK will not be easy, as they won't want to commit themselves - they'll refer you to the rules, which you can already see from various links provided on this thread. You could try an email to the visa section at the UK Embassy in Bkk.