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  1. #1
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    Default Post dating visa application

    Hi,

    I have been advised by friend who has done it before that when applying for a tourist visa, it is not possible to request that my wife comes in a month or two. My friend said that we apply for the tourist visa and then when it is approved we quickly have to book the flights. This seems crazy as it gives very little time to organise everything for her arrival/flights etc. Ideally I wanted to make the application for her to come early May this year but submit the application around 1st-16th March when I am next due to go to Thailand. It says on the uk border agency website that 'You can apply for your visa within three months of your intended date of travel. We are only able to post-date visas by a maximum of three months from the date of the visa application. You can enter the UK anytime after your visa issue date but not before.'

    Does anyone have experience on this to help advise me. Are they just referring to Settlement Visas when they say you can apply within 3 months of intended travel or does this apply to the tourist visa also?

  2. #2
    Furniture เฟอร์นิเจอร์
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    You can apply 3 months before the intended date of travel for a family visit visa.

  3. #3
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    Thanks. One other query...Is it right that when applying we should state that my wife will come for a 3/4 week holiday and upon arrival tell the customs people the same..then after she gets here change her return flight to longer-I have also been advised it is easier to get the tourist visa approved that way as the officials don't get twitchy about will she return to Thailand or not? This is what a friend of mine did but it sounds crazy to me and a hassle to change her return flight after arriving here??

  4. #4
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    As I understood it, the main priority when applying for a tourist visa is showing them that your girlfriend has good reason to return home at the end of visa and not overstay. You will get a 6 month visa if approved so she can stay up to that point . Cant see it makes a difference telling them how long youre staying .

  5. #5
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    To my knowledge, a return flight ticket alone does not constitute a good enough reason to return in the eyes of the officer. Your lady needs to demonstrate strong ties to Thailand, the most common ones are economic and family. I also learned from the one day that I've been here on this forum that the strength of your relationship can also be used as a reason to return, so as to not jeopardize her chance of getting entry clearance to the UK in the future...but that also means that you need to show lots of evidence of your relationship so they're satisfied it's genuine. Although don't quote me on this, I just learned this from this forum in the past day (I want a forum veteran to back me up on this :P).

    Also, while staying for longer than the stated intended time, let's say for the sake of the argument she said she intends to stay for a month but stayed for six...well, it's technically NOT illegal but it may complicate her future visa applications. I wouldn't do it..just don't risk it.

  6. #6
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    We said that my then girlfriend would stay for 1 month but she then stayed for just over 4 months. We wrote an email to the UKBA telling them that she was now staying longer but not overstaying because we were too much in love to separate but that she would return to Thai before her Visa was finished upon which time we would marry in Thai and then apply for a spouse visa. I printed and referenced that email in our settlement application and that's just been approved whoop whoop

  7. #7
    Premium Member ash's Avatar
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    Quote Originally Posted by BlueLotus View Post
    Also, while staying for longer than the stated intended time, let's say for the sake of the argument she said she intends to stay for a month but stayed for six...well, it's technically NOT illegal but it may complicate her future visa applications. I wouldn't do it..just don't risk it.
    Another view on the above is plans change and providing the terms of the visa are observed there are few grounds for refusing future visa's. That said I would be prepared to explain why the longer stay happened.
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  8. #8
    Furniture เฟอร์นิเจอร์
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    And the reason to return is not the same reason as the first application, as you didn't return at the time you said on the first application

  9. #9
    Forum Antiquity ของโบราณ bifftastic's Avatar
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    Quote Originally Posted by ash View Post
    Another view on the above is plans change and providing the terms of the visa are observed there are few grounds for refusing future visa's. That said I would be prepared to explain why the longer stay happened.
    That used to be the case, but there were some wording changes to the rules. I've tried to find the exact phrasing that is used now, but to no avail.

    The rules now say something like "the applicant should not stay longer than the time stated in their application"

    I would be grateful if someone could point me to the rule itself, so that it can be accurately quoted.
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  10. #10
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    Quote Originally Posted by mandlebrot View Post
    We said that my then girlfriend would stay for 1 month but she then stayed for just over 4 months. We wrote an email to the UKBA telling them that she was now staying longer but not overstaying because we were too much in love to separate but that she would return to Thai before her Visa was finished upon which time we would marry in Thai and then apply for a spouse visa. I printed and referenced that email in our settlement application and that's just been approved whoop whoop

    so happy for you

  11. #11
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by asmith View Post
    Is it right that when applying we should state that my wife will come for a 3/4 week holiday and upon arrival tell the customs people the same..then after she gets here change her return flight to longer-I have also been advised it is easier to get the tourist visa approved that way as the officials don't get twitchy about will she return to Thailand or not?
    NO
    So you are going to lie on a visa application!!!

    If you know full well before she is travelling (and applying for the visa) that she is going to be staying here longer then you are going to state then you should say so on the application.

    Yes circumstances can change and she might stay longer than you initially intended but you have already admitted as much that you are going to use deception when applying for the visa
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  12. #12

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    I agree with what others are saying here. visit visas cover periods of 6 months, regardless of whether the stay is for 1 week or the full 6 months. you are required to state your intended arrival and departure dates. they carn't stop you staying the full 6 months if you originally said it was going to be less, but it may complicate subsequent applications because you have not stuck to what you said you were going to do.
    Also, may be costly to book flights before you have got the required visa in the event that the application is turned down.
    when the visit visa is issued they will date it from the time the decision was made, so if you plan to travel in May, and they issue the visa in march, you will only get a maximum of 4 months from may. (unless you said you were coming for 5 to 6 months in the first place). least ways that's what happened to our visit visa.

  13. #13
    Forum Regular สมาชิกประจำ Boydio's Avatar
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    Yes, whilst I wouldn't phrase it quite so strongly, Gary is right, in that you should not be lying on your applicaton. Extending the trip might be something you can 'get away with' but it will certainly make them look at future applications more closely, as unless you present a very good reason (death in your family and she stayed for funeral etc.) then they will see that you/your girlfriend doesn't always do what they have said they will, so perhaps this time it is a 'change of plans' perhaps next time it will be doing a runner. You need to present yourselves as reliable and honest.

    There is nothing stopping you applying for a longer stay, providing it is within the six months. Be honest and explain your position and why you want her to come for X months, simple as that. There should be no need to mislead or lie.

  14. #14
    Forum Antiquity ของโบราณ bifftastic's Avatar
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    Quote Originally Posted by Gary & Nok View Post
    NO
    So you are going to lie on a visa application!!!

    If you know full well before she is travelling (and applying for the visa) that she is going to be staying here longer then you are going to state then you should say so on the application.

    Yes circumstances can change and she might stay longer than you initially intended but you have already admitted as much that you are going to use deception when applying for the visa

    It was a question, not a statement of intent.
    Is it right that when applying we should....
    But you're right, it shouldn't be done.
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  15. #15
    Premium Member ash's Avatar
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    http://www.ukba.homeoffice.gov.uk/po...onrules/part9/

    Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused

    (7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

    I still believe unless you asked for the visa to visit for a specific week that if you decided to visit again or stay longer there will be few problems in later applications unless they see this as deception on the initial application.

    In your case if you proceed on the basis you describe it would be just that and will almost certainly lead to future problems if noticed
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  16. #16
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    thanks

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by mandlebrot View Post
    We said that my then girlfriend would stay for 1 month but she then stayed for just over 4 months. We wrote an email to the UKBA telling them that she was now staying longer but not overstaying because we were too much in love to separate but that she would return to Thai before her Visa was finished upon which time we would marry in Thai and then apply for a spouse visa. I printed and referenced that email in our settlement application and that's just been approved whoop whoop
    Thanks for all your help guys..Anyone got any views on Mandlebrot's posting though? Like me he intended 1 month she stayed 4 and now he has a settlement visa granted no problem..I guess it doesn't affect a settlement visa application just further tourist ones?

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by ash View Post
    http://www.ukba.homeoffice.gov.uk/po...onrules/part9/

    Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused


    (7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

    I still believe unless you asked for the visa to visit for a specific week that if you decided to visit again or stay longer there will be few problems in later applications unless they see this as deception on the initial application.

    In your case if you proceed on the basis you describe it would be just that and will almost certainly lead to future problems if noticed
    i don't get this?? This does not relate to future applications and I don't understand what you mean ash? One paragraph you say there will be few problems and the next you say i will have future problems

    How can they refuse a visa after it has already been granted? ie we intend for her to come for month...she then gets a visa and stays 4..by that time what are they going to do?? It doesn't say anything on the link you sent kindly about future applications. this relates to present application or am i just being very thick??

  17. #17
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    I think as long as you inform them that your plans have changed as we did then I don't see it affecting your future visas if your future visa is for a settlement. However I can see that it could possibly complicate future visit visas because your reason to return might now be a weaker if the same. We also said that her boss had agreed the extra time off work because her family would take her work and also asked the UKBA if it was ok for us to do this as we didn't want to jepordize any future applications, they responded thanking us for the update and said they had added the info to our file but they didn't confirm if it was or was not a problem for them.

  18. #18
    Forum Antiquity ของโบราณ bifftastic's Avatar
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    There was someone who posted here quite recently saying that, for their first visit visa, they had used the applicant's business as a reason to return. Once they were here, they forgot all about the business, stayed for 4 months and were disappointed when the second visit visa was refused.

    People's plans do change, but I think that means things like you say you're coming for a month in April, things change and you come for a month in May. That's the sort of thing you can successfully explain in a later application.

    Saying you're coming for three weeks because you've got a job to go back to, not going back to it and staying for 4 months, is altogether different.

    I'm also sure that there was a change in the rules that covered this. I just can't for the life of me find a reference to it.
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