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6 month UK visitor visa staying longer

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tasker
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6 month UK visitor visa staying longer

Post by tasker » Sun Oct 04, 2015 1:55 pm

Hi. My girlfriend is currently staying with me in the UK on a 6 month tourist visa. When we applied for this visa, we stated this trip would last 6 weeks. Now she is here and obviously I want her to stay longer. She is convinced that because she said it would be a 6 week trip, she will have "big problems" if she stays longer than 6 weeks.

Could someone please tell me: is it OK for her to stay longer than 6 weeks? She will probably stay for 2 months in total, not longer than 6 months.

I can't find the answer to this online and have spent hours trying to convince her it will be OK. Could someone please answer this. Thank you.

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Casa
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Re: 6 month UK visitor visa staying longer

Post by Casa » Sun Oct 04, 2015 2:48 pm

This may be a problem when she applies for her next visitor visa, or on entry with this one. Immigration Officers don't like extended periods from the original requested and on which the visa was granted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: 6 month UK visitor visa staying longer

Post by Wanderer » Sun Oct 04, 2015 3:06 pm

My now partner, then girlfriend has visit visa of UK c 2003 she was gonna be here 2 months, stayed for three and got a bollocking for her subsequent student visa because of that. Those times it was all free and easy, and she was let off.

Doubt it would be so easy now....
An chéad stad eile Stáisiún Uí Chonghaile....

tasker
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Re: 6 month UK visitor visa staying longer

Post by tasker » Sun Oct 04, 2015 3:12 pm

Wow, that is extremely disappointing. Is 2 or 3 weeks really going to make such a difference? I never thought that would make a difference, gutted.

noajthan
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Re: 6 month UK visitor visa staying longer

Post by noajthan » Sun Oct 04, 2015 3:39 pm

tasker wrote:Wow, that is extremely disappointing. Is 2 or 3 weeks really going to make such a difference? I never thought that would make a difference, gutted.
Visitor visas are not 'boyfriend/girlfriend'-visas; visitors have to return.
HMG is funny like that.

Why not write to HO, explain situation - ask for the 'official' view.
(Don't however simply call the helpline - unreliable).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tasker
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Re: 6 month UK visitor visa staying longer

Post by tasker » Sun Oct 04, 2015 3:46 pm

noajthan wrote:
tasker wrote:Wow, that is extremely disappointing. Is 2 or 3 weeks really going to make such a difference? I never thought that would make a difference, gutted.
Visitor visas are not 'boyfriend/girlfriend'-visas; visitors have to return.
HMG is funny like that.

Why not write to HO, explain situation - ask for the 'official' view.
(Don't however simply call the helpline - unreliable).
Yes I understand. Being a 6 month visa though I assumed she could stay for 6 months. Is it not possible to tell them she will be staying longer or ask their permission?

noajthan
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Re: 6 month UK visitor visa staying longer

Post by noajthan » Sun Oct 04, 2015 4:00 pm

tasker wrote:Yes I understand. Being a 6 month visa though I assumed she could stay for 6 months. Is it not possible to tell them she will be staying longer or ask their permission?
Exactly, why not write & ask them.
Better to invest a first-class stamp & know for sure than to risk fouling up some future application because of just "hoping for the best".
(There are sadly too many posts & pleas for help in the forum because of that).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tasker
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Re: 6 month UK visitor visa staying longer

Post by tasker » Sun Oct 04, 2015 4:09 pm

noajthan wrote:
tasker wrote:Yes I understand. Being a 6 month visa though I assumed she could stay for 6 months. Is it not possible to tell them she will be staying longer or ask their permission?
Exactly, why not write & ask them.
Better to invest a first-class stamp & know for sure than to risk fouling up some future application because of just "hoping for the best".
(There are sadly too many posts & pleas for help in the forum because of that).
She has already exceeded the 6 weeks originally stated, I booked her flight for a 2 month stay. I hadn't seen her in over a year and didn't give it any more thought. Can you give me the address I need to write to please.

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Re: 6 month UK visitor visa staying longer

Post by noajthan » Sun Oct 04, 2015 4:19 pm

tasker wrote:She has already exceeded the 6 weeks originally stated, I booked her flight for a 2 month stay. I hadn't seen her in over a year and didn't give it any more thought. Can you give me the address I need to write to please.
Play safe as, as mentioned by others above, HO can play hard ball.

Here's the helpline, you can ask them for an address (so you can then ask questions in writing):
https://www.gov.uk/contact-ukvi/visas-and-settlement
All that is gold does not glitter; Not all those who wander are lost. E&OE.

tasker
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Re: 6 month UK visitor visa staying longer

Post by tasker » Sun Oct 04, 2015 5:25 pm

noajthan wrote:
tasker wrote:She has already exceeded the 6 weeks originally stated, I booked her flight for a 2 month stay. I hadn't seen her in over a year and didn't give it any more thought. Can you give me the address I need to write to please.
Play safe as, as mentioned by others above, HO can play hard ball.

Here's the helpline, you can ask them for an address (so you can then ask questions in writing):
https://www.gov.uk/contact-ukvi/visas-and-settlement
Thanks, I'll write them and post their response. If anyone else has experience with this type of thing please share.

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Re: 6 month UK visitor visa staying longer

Post by Wanderer » Sun Oct 04, 2015 6:11 pm

tasker wrote:
noajthan wrote:
tasker wrote:Wow, that is extremely disappointing. Is 2 or 3 weeks really going to make such a difference? I never thought that would make a difference, gutted.
Visitor visas are not 'boyfriend/girlfriend'-visas; visitors have to return.
HMG is funny like that.

Why not write to HO, explain situation - ask for the 'official' view.
(Don't however simply call the helpline - unreliable).
Yes I understand. Being a 6 month visa though I assumed she could stay for 6 months. Is it not possible to tell them she will be staying longer or ask their permission?
She can - to 'visit' - sounds like this situation is not a visit, but is 'residing' albeit for a short time. UKVI are not daft anymore....

Has she been all over UK looking at stuff, travelling, taking in the sights? Or is it effectively you two living together? Be honest?
An chéad stad eile Stáisiún Uí Chonghaile....

tasker
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Re: 6 month UK visitor visa staying longer

Post by tasker » Mon Oct 05, 2015 9:36 am

noajthan wrote: Here's the helpline, you can ask them for an address (so you can then ask questions in writing):
https://www.gov.uk/contact-ukvi/visas-and-settlement
I have called this number and I have been told it is not a problem as long as she does not exceed the 6 months and this information is available on their website; they refused to give me their address. I will now consult an immigration lawyer to check this as I am only getting conflicting information on here and inane questions about whether she has been sight seeing.

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Re: 6 month UK visitor visa staying longer

Post by ouflak1 » Mon Oct 05, 2015 7:19 pm

tasker wrote:
noajthan wrote: Here's the helpline, you can ask them for an address (so you can then ask questions in writing):
https://www.gov.uk/contact-ukvi/visas-and-settlement
I have called this number and I have been told it is not a problem as long as she does not exceed the 6 months and this information is available on their website; they refused to give me their address.
Technically this is correct. But in reality, there could be a lot of problems.
tasker wrote:I will now consult an immigration lawyer to check this as I am only getting conflicting information on here and inane questions about whether she has been sight seeing.
As far as I can tell, the information given here has been consistent. Further it is all based on many years of experience on this forum and real-life. It would have been best if you had asked us before she'd overstayed that six weeks or even before she visited. The questions about her sight-seeing are not 'inane'. Indeed those answers, especially in today's climate, can be the difference between her coming back to visit, and her possibility never effectively being allowed to come back into the UK again except under a spouse visa. It's unfortunate that the situation has not turned to be as trivial as you thought it would be and that we are not giving you answers you want to hear. I'm not sure that an immigration attorney is going to give you any happier news than what's been said hear, or different information that you've been given from the HO (depends on how competent they are and how much money they potentially see in business). Good luck.

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Casa
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Re: 6 month UK visitor visa staying longer

Post by Casa » Mon Oct 05, 2015 7:40 pm

Do bear in mind that the UKVI 'helpline' staff are notorious for giving incorrect advice, taking no responsibility for the results.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

priscaltony
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Re: 6 month UK visitor visa staying longer

Post by priscaltony » Sun Dec 27, 2015 11:01 pm

If you'restill not sure on this, from experience you can stay longer than stated in your visitor visa application. As long as you do not exceed the 6 months visa given you'd be fine. My mother was given a 6 months visa first and she was here for 5.5 months, having stated in her application she was only staying for a month. She had no issue at the airport neither did she have any issue for the susequent 2 years visa she was given.

The visa fee you pay is for six months not whatever time you state in your application. I don't think anyone has ever been in problem with Home Office because of this, so long you don't stay more than the 6 months, it's fine.

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Re: 6 month UK visitor visa staying longer

Post by honey2008 » Mon Dec 28, 2015 2:55 pm

On Six months visitor visa you CAN stay here for six months legally BUT since its is visitor visa do you think that you need SIX MONTHS for holidaying/visiting relatives????

This amounts to basically residing in UK and would certainly make subsequent visa to UK challenging at some point of time if not now & if noticed by UKVI.


I would suggest you to comply with your initial request and make your subsequent visa applications with positive results.

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Re: 6 month UK visitor visa staying longer

Post by vinny » Mon Dec 28, 2015 10:32 pm

There may be problems with future visits.

When applying for future visit visas, she should also explain why she stayed longer than requested.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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priscaltony
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Re: 6 month UK visitor visa staying longer

Post by priscaltony » Tue Dec 29, 2015 6:35 pm

vinny wrote:There may be problems with future visits.

When applying for future visit visas, she should also explain why she stayed longer than requested.
At Vinny, there can never be any problems with future application, I am saying this from experience as long as the person did not stay longer than the first 6 months given visa.

It is common sense, they gave you 6 months and only expect you to stay up to that. I have had family and friends came on 6 months visa stayed up to about 5 months and was successful with their subsequnt visas.

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Re: 6 month UK visitor visa staying longer

Post by Casa » Tue Dec 29, 2015 7:00 pm

priscaltony wrote:
vinny wrote:There may be problems with future visits.

When applying for future visit visas, she should also explain why she stayed longer than requested.
At Vinny, there can never be any problems with future application, I am saying this from experience as long as the person did not stay longer than the first 6 months given visa.

It is common sense, they gave you 6 months and only expect you to stay up to that. I have had family and friends came on 6 months visa stayed up to about 5 months and was successful with their subsequnt visas.
@priscaltony Did you track back in Vinny's link to this refusal posted on another immigration forum?
http://www.thaivisa.com/forum/topic/866 ... requested/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: 6 month UK visitor visa staying longer

Post by secret.simon » Tue Dec 29, 2015 7:00 pm

Vinny did mention that there may be issues with future visas, not that there will be issues with future visas.

A six month visa is permission to visit the UK within the specified six months, not permission to reside in the UK for six months.

If either the ECO granting the visa or the IO at the airport think that the applicant is trying to reside in the UK in the guise of a visit visa, they can refuse to issue the visa or return the applicant from the airport to their home country. They can take the fact that the applicant had not stayed for the period of time mentioned on the application into consideration.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: 6 month UK visitor visa staying longer

Post by Wanderer » Tue Dec 29, 2015 7:14 pm

priscaltony wrote:
vinny wrote:There may be problems with future visits.

When applying for future visit visas, she should also explain why she stayed longer than requested.
At Vinny, there can never be any problems with future application, I am saying this from experience as long as the person did not stay longer than the first 6 months given visa.

It is common sense, they gave you 6 months and only expect you to stay up to that. I have had family and friends came on 6 months visa stayed up to about 5 months and was successful with their subsequnt visas.
My experience is the opposite - and generally things are tightening up so basically it's like a game of Poker.

But common sense generally decrees 6 months stay on a VV is not a visit, come on.....
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: 6 month UK visitor visa staying longer

Post by priscaltony » Tue Dec 29, 2015 10:47 pm

secret.simon wrote:Vinny did mention that there may be issues with future visas, not that there will be issues with future visas.

A six month visa is permission to visit the UK within the specified six months, not permission to reside in the UK for six months.

If either the ECO granting the visa or the IO at the airport think that the applicant is trying to reside in the UK in the guise of a visit visa, they can refuse to issue the visa or return the applicant from the airport to their home country. They can take the fact that the applicant had not stayed for the period of time mentioned on the application into consideration.
At Secret.simon, yes I understand what @Vinny said, the requester said the person was likely to be staying longer than the one month stated in the application. They never said the visitor wanted to continue residing in UK. This is a contraditory advise in my opinion. Unless there is a problem understanding the requester.

I just wanted to give my views since I have strong experience on the issue. Peace.

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