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  1. #1
    Admin maokaang's Avatar
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    Default 2 year (visit?) visa

    I have received the following question via our contact form.

    We don't reply to individual immigration enquiries as it defeats the purpose of this forum which is to benefit all, not just one individual, with the answers.

    A Thai lady married to uk man, has a 2 year visa for uk.
    She arrived on the 31st May 2018.
    After 6 months she has to leave the country, and we are not sure if she has to return to Thailand.
    Or can she go to France for 1 day and the back to uk for another 6 months?

    Answers to the above most welcome. Thanks in advance.
    Paul พอล
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  2. #2
    Premium Member ash's Avatar
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    She may get away with it but if they notice she will get a tough time at the border

    Daeng had a 10 year visa when we lived in France/Switzerland and up until just before we returned to the UK she visited multiple times for short holidays 2-3 weeks. Around the time we decided to return my Mothers illness meant we stayed for several months and returned to France a couple of times , on one trip back we were stopped in Hull and asked to explain why we were heading for Sheffield and we were reminded that to live in the UK she needed a settlement visa.
    Human beings are seventy percent water, and with some the rest is collagen

  3. #3
    Moderator Tobias's Avatar
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    She risks having her visa cancelled. A visit visa is to allow the holder to visit the UK as a bona fide visitor. If she is using the visa as a quasi settlement visa then she is likely to be refused entry when she returns.

    She will need to demonstrate to the UK Immigration Officer on her arrival back to the UK that she is a genuine visitor and that she is not attempting to use her visit visa as a back door way of living here.

    The Immigration Officer will want to be satisfied that when she applied for her visa she gave accurate indications of her intentions and that she has stayed in the UK for the periods and the purpose stated in that application. If not she will be required to explain what has changed and why.

    Unless she can somehow demonstrate she will be a genuine "visitor" on her return I would expect her to be refused admission, especially so if she only leaves for a very short period. It is also possible her visa might also be cancelled in those circumstances. If the authorities suspect false information was given either in the original application or on her return, that could mean she will be unable to apply for another visit visa for 10 years.
    Last edited by Tobias; 26th Sep 2018 at 14:09. Reason: Fat fingers
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  4. #4
    Admin maokaang's Avatar
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    If it is her intention to spend most of her time in the UK with her husband in the forthcoming future, she should return to Thailand and apply for a settlement visa.

    Sections of the Home Office guidelines on 'visitors' for immigration officials read as follows:

    .... are you satisfied they will not be living in the UK or making the UK their home through frequent and successive visits .....

    .....
    the duration of previous visits and whether this was significantly longer than they
    originally stated on their visa application or on arrival - if this is the case,you should not automatically presume that the visitor is not genuine, but this may be a reason to question the applicant’s overall intentions .....

    ..... the cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12 month period, and whether this amounts to ‘de-facto’ residence in the UK ....

    ...... You should refuse if the applicant does not provide sufficient evidence to satisfy you that they meet the requirements of the visitor rules.

    https://assets.publishing.service.go...ce-v7.0EXT.PDF
    Last edited by maokaang; 27th Sep 2018 at 07:42.
    Paul พอล
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