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4-6 month tourist visa?

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sp3ctre
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4-6 month tourist visa?

Post by sp3ctre » Tue Feb 05, 2008 11:51 am

Hi,

My girlfriend is in South Africa and I am in the UK. We are serious about our relationship but want to live together for a little while before we marry. My ideal situation would be for her to come over on a visitor visa for as long as possible, then at the end of it she would go back and we could either marry over there or apply for a fiance visa.

However, looking at the visa application forms it's really quite scary. In order for her to do this she would sell her house and would have to give up her job. This is fine for us, but looks like it is big negative for the visa application.

We are not looking to break an rules. She would be going back after the time is up and we would take the next step from there, but it seems everything is set to be against us.

Please can someone explain how it is possible for two people in our situation to be together, allowing a little time together before immediately comitting to marry?

Many thanks,

Jim

Wanderer
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Ireland

Post by Wanderer » Tue Feb 05, 2008 11:53 am

Working Holiday Maker Visa? Ancestry? Student?

Otherwise it's skills based visa ir marriage.
An chéad stad eile Stáisiún Uí Chonghaile....

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 12:01 pm

Wanderer wrote:Working Holiday Maker Visa? Ancestry? Student?

Otherwise it's skills based visa ir marriage.
Working holiday visa - she is >30, limit is 30 I believe
Ancestry - no
Student - trying that option too, proving difficult
Skills based - nope, works in IT... seems not on the list

I thought it was relatively simple if she wanted to come for an extended holiday, but reading the visa form it appears not. I'm sure I've read tales of people using the visitors visa for this purpose, I will keep searching.

Thanks again for the reply.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 12:40 pm

one other thing...

She can come over for up to 3 months (apparently) without a visa. The immigration officer gave her a hard time last time she came over (Christmas) and called me to ask if we'd met, why she was coming etc.

Would coming again on a <3 month visa be a better or worse option?

Siggi
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Post by Siggi » Tue Feb 05, 2008 12:54 pm

Sp3ctre,
She can come over for 6 months visa free on condition she does'nt work and has funds to supprt her stay.
If I was you ask her to over for 6 months, you sponor her stay, but make sure she has a valued return ticket , say for 5month and 20 days.
Also make sure she has proof of some funds around £5000.
Lastly what ever she does if she comes over make sure she does'nt become a overstayer or seeks employment.
As this will effect any future plans you may have.
Good luck.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 1:01 pm

Siggi wrote:Sp3ctre,
She can come over for 6 months visa free on condition she does'nt work and has funds to supprt her stay.
If I was you ask her to over for 6 months, you sponor her stay, but make sure she has a valued return ticket , say for 5month and 20 days.
Also make sure she has proof of some funds around £5000.
Lastly what ever she does if she comes over make sure she does'nt become a overstayer or seeks employment.
As this will effect any future plans you may have.
Good luck.
Thank you very much for your reply. She has that amount of funds easy, in fact she would have a lot more than that. Do you see any possibility of them not granting a visa bases on the fact that she would not have a job (she would have to give it up if she came for 6 months) and she would have sold her house (hence she would have a lot of cash)?

Thanks again,

Jim

paulp
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Post by paulp » Tue Feb 05, 2008 2:16 pm

Were the problems she had the last time with the Immigration Officer because she mentionned she had a boyfriend in the UK? Mentionning a boyfriend/girlfriend in the UK tend to do that to IOs.

Also if she is now selling her home, be careful that the IO doesn't assume she is coming here to marry and settle, on a visitor visa. It's a big no no.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 2:25 pm

paulp wrote:Were the problems she had the last time with the Immigration Officer because she mentionned she had a boyfriend in the UK? Mentionning a boyfriend/girlfriend in the UK tend to do that to IOs.

Also if she is now selling her home, be careful that the IO doesn't assume she is coming here to marry and settle, on a visitor visa. It's a big no no.
Well she didn't REALLY have problems, we weren't romantically attached anyway at the time and she said we'd not met yet (we hadn't). They called me on the phone to verify everything, that's all. Was just a bit traumatic for her, that's all.

I realise it doesnt look good selling the house, but there really isn't much other option for her. We would not be marrying on a visitor visa (you can't anyway, can you??), but how we prove out genuine intent to follow the rules is a mystery to me.

Siggi
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Post by Siggi » Tue Feb 05, 2008 2:53 pm

sp3ctre,
The 6 month entery is a stamp she would be granted on arrival, if the IO are happy with her reasons for visiting and proof of finances, accommodation and your sponorship. It is not a visa!
She has already visited with no immigration breach ie at Christmas, so I can't see any reason why they will not premit a further visit for 6 months.

Good luck.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 3:03 pm

Siggi wrote:sp3ctre,
The 6 month entery is a stamp she would be granted on arrival, if the IO are happy with her reasons for visiting and proof of finances, accommodation and your sponorship. It is not a visa!
She has already visited with no immigration breach ie at Christmas, so I can't see any reason why they will not premit a further visit for 6 months.

Good luck.
mmm, I had thought that SA residents could come over for 3 months in this respect, and that 6 months required a visa. Am I getting my wired crossed?

Thanks for the comments, it is heartening that the situation may not be as bad as I thought (I hope)

Siggi
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Post by Siggi » Tue Feb 05, 2008 3:47 pm

sp3ctre,
I speak under correction, but I used to come to the UK twice year and always had a stamp for 6 months, dispite visiting for no longer than a week at a time.
I know 6 months is grant to anu EU citizen entering SA.
Your Gf could always double check with the Pretoria High Commison.

Mr Rusty
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Post by Mr Rusty » Tue Feb 05, 2008 4:10 pm

Anyone given leave to enter as a visitor at present is normally given 6 months, either by a visa issued abroad, or by an Immigration Officer at a port of entry to a non-visa national (such as South African).
Where the OP's wires may have crossed is that there are proposals under discussion for the 6 months to be curtailed to 3 (except possibly for family visits which might require a visa). But they're still only proposals.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 4:16 pm

Mr Rusty wrote:Anyone given leave to enter as a visitor at present is normally given 6 months, either by a visa issued abroad, or by an Immigration Officer at a port of entry to a non-visa national (such as South African).
Where the OP's wires may have crossed is that there are proposals under discussion for the 6 months to be curtailed to 3 (except possibly for family visits which might require a visa). But they're still only proposals.
Yes, I have looked on the ukvisa site and it does seem that you are correct. I might have been confused with how long I would be allowed to go there for, if the roles were reversed.

Thanks for clearing it up.

I appreciate all the comments you have given, it just seems somewhat of a lottery in terms of whether the Immigration Officer would just send her back home because he thinks she may get married?!

paulp
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Post by paulp » Tue Feb 05, 2008 4:22 pm

sp3ctre wrote:Well she didn't REALLY have problems, we weren't romantically attached anyway at the time and she said we'd not met yet (we hadn't). They called me on the phone to verify everything, that's all. Was just a bit traumatic for her, that's all.

I realise it doesnt look good selling the house, but there really isn't much other option for her. We would not be marrying on a visitor visa (you can't anyway, can you??), but how we prove out genuine intent to follow the rules is a mystery to me.
I am not sure what to do in those cases, whether it's good to volunteer that she's got a boyfriend or not. We've had cases on the board where entry was refused at immigration because of the boyfriend or girlfriend.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 4:29 pm

Should I be worried about this?

http://www.bia.homeoffice.gov.uk/visiti ... documents/

specifically:
a letter from your employer granting leave of absence from your job for a specified period. The letter should also say how long you have been employed by that employer, in what job(s) and should indicate when you are expected back at work;
There is no way her employer would give her 6 months off, she will no doubt have to leave work. When she goes back there she will have funds available to support herself while she finds work if she needed to (she would be living at her cousins house) or until she got a fiance visa to come back.

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Post by Platinum » Tue Feb 05, 2008 4:37 pm

My ideal situation would be for her to come over on a visitor visa for as long as possible, then at the end of it she would go back and we could either marry over there or apply for a fiance visa.
Why not apply for the fiance visa right away? If you are that worried she will be given a hard time at immigration, the fiance visa will settle that. That'll give her the six months you guys wanted. Then if you want to get married at the end of those six months, fine. If not- well, I'm not sure what happens if you change your mind.

I'm aware the fiance visa requires lots of paperwork, but I forget if to get it requires you to set a wedding date. That would be tricky, but you could possibly set a date at a registrar's sometime at the end of the six months.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 4:44 pm

Platinum wrote:
My ideal situation would be for her to come over on a visitor visa for as long as possible, then at the end of it she would go back and we could either marry over there or apply for a fiance visa.
Why not apply for the fiance visa right away? If you are that worried she will be given a hard time at immigration, the fiance visa will settle that. That'll give her the six months you guys wanted. Then if you want to get married at the end of those six months, fine. If not- well, I'm not sure what happens if you change your mind.

I'm aware the fiance visa requires lots of paperwork, but I forget if to get it requires you to set a wedding date. That would be tricky, but you could possibly set a date at a registrar's sometime at the end of the six months.
It might have to come to that, we were just hoping that we could "do it right" and spend a little time together before we got married...

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Post by Mr Rusty » Tue Feb 05, 2008 5:29 pm

You're in a bit of a catch 22, because what you're proposing is perfectly legal and reasonable (assuming there's no hidden agenda for her to get a job here), but it could look exactly the opposite. Your gf has twice complied with her terms of entry, but how long were each of those visits? As the last one was over Christmas and she's proposing to come back already, and she has left her job (and sold her house?) an IO might well conclude that she was living here rather than South Africa.
But you shouldn't have to commit yourself to something as major as getting married before you want to. So why not apply for a straightforward visit visa and explain everything up front? Just because she doesn't have to get one doesn't mean she can't apply, and that would save the expense of a flight and the uncertainty and anguish of being held up at the airport on arrival.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 5:38 pm

Mr Rusty wrote:You're in a bit of a catch 22, because what you're proposing is perfectly legal and reasonable (assuming there's no hidden agenda for her to get a job here), but it could look exactly the opposite. Your gf has twice complied with her terms of entry, but how long were each of those visits? As the last one was over Christmas and she's proposing to come back already, and she has left her job (and sold her house?) an IO might well conclude that she was living here rather than South Africa.
But you shouldn't have to commit yourself to something as major as getting married before you want to. So why not apply for a straightforward visit visa and explain everything up front? Just because she doesn't have to get one doesn't mean she can't apply, and that would save the expense of a flight and the uncertainty and anguish of being held up at the airport on arrival.
I can assure you there is no hidden agenda in that she would be going back at the end of the stay. All we want is a little face to face time before I propose.

She has only been here once, in December for 2 weeks. The next trip will be me going out there.

Thanks again for your help... just not sure where we stand if we apply for a visa and get it rejected?

Thanks,

Jim

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Post by Siggi » Tue Feb 05, 2008 9:06 pm

Jim, I really don't think you have anything to worry about, just comply with the requirements set out.
Good luck matey.

sp3ctre
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Post by sp3ctre » Tue Feb 05, 2008 9:25 pm

Siggi wrote:Jim, I really don't think you have anything to worry about, just comply with the requirements set out.
Good luck matey.
Thanks for the positive words... I can really relate to how people describe the stresses and strains of long distance relationships now. It really does feel like everything is set out to be against us. Trying to stay positive though... we'll get there in the end, however we have to do it... thanks for the good luck, can really use it :D

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Post by VictoriaS » Tue Feb 05, 2008 11:59 pm

She can apply for the working holday maker visa before she turns 31.

Victoria
Going..going...gone!

sp3ctre
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Post by sp3ctre » Wed Feb 06, 2008 7:58 am

VictoriaS wrote:She can apply for the working holday maker visa before she turns 31.

Victoria
She's 32 unfortunately

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Post by paulp » Wed Feb 06, 2008 8:54 am

sp3ctre wrote:
VictoriaS wrote:She can apply for the working holday maker visa before she turns 31.

Victoria
She's 32 unfortunately
sp3ctre, this has little to do with immigration, but what will she do while she's in the UK on a tourist visa for 5-6 months? Are you self-employed, or otherwise stay at home, so you can spend a lot of time during the week with her or does she have plans to visit lots of places/friends while she's here?

Wouldn't she be a bit better off trying to get a work permit, though it may be harder? How many years experience does she have, any specialised skills?
Last edited by paulp on Wed Feb 06, 2008 9:01 am, edited 1 time in total.

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Post by paulp » Wed Feb 06, 2008 9:01 am

I forgot to say that she may also wish to study for a further qualification in IT and work part time. There are a lot of short professional qualifications (6 months-1 year) these days.

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