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  1. #1
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    Default Visitor visa overstay advice required

    After 2 unsuccessful visitor visa attempts we finally got the 3rd attempt over the line and we have spent Christmas and New Year together in London. When we made the 3rd application we only requested 15 days. I want my wife to stay for the full 6 months so that she can improve her English and take the A1 English test in London. Obviously there are going to be consequences when we apply for the next visa and I suspect a visitor visa will be out of the question but will this impact on a spouse visa application providing she passes the English test. I did speak to one of my legal friends who has experience with dealing with visas and she mentioned she should go home and comeback a month later which would prove she has complied with the length of staff granted by the home office. Does anyone have any contact numbers in the UK Home Office that I could speak to about wife's travel plans.

    Any guidance would be much appreciated.

    Happy New Year too you all
    Rob.

  2. #2
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    Quote Originally Posted by rch View Post
    After 2 unsuccessful visitor visa attempts we finally got the 3rd attempt over the line and we have spent Christmas and New Year together in London. When we made the 3rd application we only requested 15 days. I want my wife to stay for the full 6 months so that she can improve her English and take the A1 English test in London. Obviously there are going to be consequences when we apply for the next visa and I suspect a visitor visa will be out of the question but will this impact on a spouse visa application providing she passes the English test. I did speak to one of my legal friends who has experience with dealing with visas and she mentioned she should go home and comeback a month later which would prove she has complied with the length of staff granted by the home office. Does anyone have any contact numbers in the UK Home Office that I could speak to about wife's travel plans.

    Any guidance would be much appreciated.

    Happy New Year too you all
    Rob.
    When you apply for your next visa just put on the application that you enjoyed staying together so much that you decided to stay with each other much longer. It’s a good idea to do the English test in England. That is what I did and she passed on the 2nd attempt good luck


    Sent from my iPhone using Tapatalk

  3. #3

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    Quote Originally Posted by rch View Post
    After 2 unsuccessful visitor visa attempts we finally got the 3rd attempt over the line and we have spent Christmas and New Year together in London. When we made the 3rd application we only requested 15 days. I want my wife to stay for the full 6 months so that she can improve her English and take the A1 English test in London. Obviously there are going to be consequences when we apply for the next visa and I suspect a visitor visa will be out of the question but will this impact on a spouse visa application providing she passes the English test. I did speak to one of my legal friends who has experience with dealing with visas and she mentioned she should go home and comeback a month later which would prove she has complied with the length of staff granted by the home office. Does anyone have any contact numbers in the UK Home Office that I could speak to about wife's travel plans.
    It won’t affect a spouse visa application but it might affect another visit visa application. What were your wife's reasons to return to Thailand? If, for example, she needed to be back for her job, and the 15 days extended to a full six months the ECO is unlikely to believe another few weeks visit visa application.

    If your plan is to go for a settlement visa next, going for the A1 here in the UK, imho, is a bit easier. My wife did exactly that and when she flew back to Thailand she had everything for her settlement visa apart from her TB test which she had the day after she returned to Thailand.

  4. #4
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    The visit visa is granted for 6 months so she won't be overstaying, just staying (significantly) longer than originally stated. As above can't see it being an issue for future settlement visa, but yes for another visit visa as it'll simply look like she's trying to maximise the 6 month vv as a much cheaper way of "living" in the UK rather than going for settlement

  5. #5
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    No issue what so ever if for a settlement visa totally different ,but if you apply for a visit visa could be problems ,
    Take it like this settlement visa laws are applied to it where a visit visa it seems up to someone in india if you are allowed as long as all questions are ticked i see no reason to why ANY visa is refused .

  6. #6
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    Quote Originally Posted by Samsung View Post
    No issue what so ever if for a settlement visa totally different ,but if you apply for a visit visa could be problems ,
    Take it like this settlement visa laws are applied to it where a visit visa it seems up to someone in india if you are allowed as long as all questions are ticked i see no reason to why ANY visa is refused .
    No Samsung, the biggest consideration that differentiates between a Visit Visa and a Settlement Visa is that the all important 'reason to return' does not apply to a Settlement Visa.

  7. #7
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    Quote Originally Posted by Flip View Post
    No Samsung, the biggest consideration that differentiates between a Visit Visa and a Settlement Visa is that the all important 'reason to return' does not apply to a Settlement Visa.
    EXACTLY WHAT I SAID .
    it seems like its up to some one in India.
    where a settlement visa is black and white .
    Back to the RHETORICAL Question .
    designed to produce a statement from yourself .
    No correct answer no right .No wrong .
    ITS a rubbish argument and doesnt make sense .
    i rest my case its poppycock .
    Fill the x in no problem .with any visa .
    reason to return' does not apply to a Settlement Visa.
    reason not to stay would be better ???







    In June 2015, the Bangkok Post reported that, "Thai police officers are paid around 14,760 baht per month (6,800–8,340 baht for entry level) and have to buy their own guns and even office supplies."
    great job ye good pay to
    Thats a reason to return ,i dont think so .
    your talking about a young lady who is on a lot less than that .

    Last edited by Samsung; 7th Jan 2019 at 23:32.

  8. #8
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    Totally confused by your reply Samsung - yes you said a Settlement Visa was 'totally different' - you failed to say why. You are correct that if all the requirments for a Settlement Visa are met, there should be no reason for refusal. However, quite a lot of discretion is given to the ECO on Visit Visa applications and opinions come in to it.

    There is no right of appeal on a Visit Visa (the right of appeal on a Family Visit Visa was also removed a while ago) but an ECO is required to give details of why an application is refused. If an ECO is simply unhappy with something but that something doesn't fit with the normal reasons for refusal of a Visit Visa they can simply state that there are insufficient reasons to return - and they do, I've seen it several times.

  9. #9
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    All done in India now ,
    visit visa that is .
    I dont think we agree but have past people been truthfull to yourself ,
    IE did they have a criminal record spent time in jail been arrested numerous times all there history which could have been picked up by thail /border control you dont know ?
    Me myself think the question is like i said rubbish ,
    I give one reason to return on my wifes that was she knows the law blah blah blah ,and didnt have a problem she wasnt even working and i give you an example of a police officers wage so that is not great is it .

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

    A example of a reply .
    miss g xxxxx knows the law and wouldnt want to jeopardize any future visits we plan on getting married at a later date xxxxx .
    SHe knows she wouldnt be able to get hospital treatment or dental care or claim public funds neither would she qualify for a bank account and have access to our public funds she also knows if she breaks any of these terms then future visits could be at risk .
    im sure that is better than i have a job paying less than 16,000 baht a month and i wouldnt want to lose it .

  10. #10
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    Samsung not according to the British Government. They put the weight on a job to return too. As anyone can say I know overstaying would be naughty so i wont do it.

  11. #11
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    Samsung, just because your wife was lucky does not mean everyone will be. There are plenty of people who have been refused on the grounds of insufficient reason to return. The phrase 'she knows the law and wouldn't do anything to jeopardise future applications' must have been used a thousand times. Whilst it may be useful, I doubt it is any guarantee of success.

  12. #12

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    Quote Originally Posted by Flip View Post
    Samsung, just because your wife was lucky does not mean everyone will be. There are plenty of people who have been refused on the grounds of insufficient reason to return. The phrase 'she knows the law and wouldn't do anything to jeopardise future applications' must have been used a thousand times. Whilst it may be useful, I doubt it is any guarantee of success.
    UKVI see that or a variation of it in every visa application and it doesn't mean much. And certainly not to an applicant who intends disappearing into the black economy.

  13. #13
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    If her English is good, then she may as well take the A2 or B1 English test.
    Last edited by Vinny; 9th Jan 2019 at 14:18.

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