Do I need a tourist visa extension?

[Rb]

Hi everyone. I'm a US citizen and have been staying in the UK with my girlfriend (also a US citizen on a student visa ).

In the last year I've had 2 separate stays as a tourist in the country. For the first one, I came in August 07 and stayed for 5 months, then returned home for a few weeks. I came back for a second stay in January 08. I'm planning to stay until the end of July 08 which will make it 7 months in the country this time. I realize that this is one month longer than I'm supposed to be here.

Do I have to file for some kind of extension? Or will I be ok to just leave?

Also, we were planning a trip to France in June. This will be just before the 6 month period on my second stay is up. Will I have problems coming back into the UK from France? Will they look at my first stay and say that I've been here way too long?

Any advice would be sincerely appreciated.
Cheers

[vinny]

See also Section 1 - Visitors.

[Rb]

See also Section 1 - Visitors.

See also Section 1 - Visitors.

Ah, thanks for the info. I see it says "A visitor should not, for example, normally spend more than 6 out of any 12 months in this country"

So it seems that they would take both my visits into account which would add up to 12 months minus the 2 weeks I went home.

It's odd though, they didn't give me any trouble when I came back after my first visit which was for 5 months. They asked how long I'd be here and I said a few months because I wasn't sure how long I was going to stay.

Considering all this, do you think I will have any trouble when I leave in July?

Thanks again.

[Frontier Mole]

US visitors are seen as low risk passengers and that is why the visa rules allow entry without prior approval even though USA is a visa nation. The immigration officer was lax with you when you entered the second time, they could have restricted your maximum stay to 1 month under the rules.

The France trip:
The date you arrived in the UK in January is going to be significant. If you arrived in early January and are coming back from France in late June you will not have valid leave to enter. If there are only a few days to the visa end date you might find that the immigration officer asks a few questions as to when are you leaving the UK? At that point might re-stamp with the given date of departure as the new end of visa date. Note this will not extend the visa date beyond the original six month mark.

Going home:
In any event leaving in July has its own risks. There are sometimes embark controls in place at the airports. If you were unlucky you might find yourself explaining why you overstayed and worse still your passport endorsed as an overstayer. This will have a negative impact if you try to return to the UK.

Coming back to the UK in the future:
Even if you do not get caught on the way out the risk does not end there. Your entry stamp to the US will give the game away when you come back to the UK. If you get an eagle eyed attentive UK immigration officer it will get noticed. You will then have a problem! How big a problem will depend on how strict the IO or his boss wants it to be. It could result in an instant refusal to enter – you would be back on the next plane home.

For a one month overstay is it really worth the risk?

[sakura]

Is there any reason (other than your partner) why you are living as a visitor in the UK? Are you undertaking any employment, study or other such activity?

Your long periods of 'visiting' will likely arouse suspicion - I doubt you'd be able to extend your visitor's visa after having lived here almost a year as a tourist and without any valid reason (e.g. family emergency). As a US citizen consider yourself lucky, as most other nationals would probably be denied entry (or at least given a few weeks' leave to remain), so I suggest you either return home after visiting France or apply for a proper long-stay visa once home.

If you are unable to get an extension, you'd be classed as an overstayer, which has its own repercussions for future immigration. Unlike the US, however, the UK doesn't seem to bar non-visa nationals who overstay from entering the UK under the visa waiver.

[Rb]

US visitors are seen as low risk passengers and that is why the visa rules allow entry without prior approval even though USA is a visa nation. The immigration officer was lax with you when you entered the second time, they could have restricted your maximum stay to 1 month under the rules.

The France trip:
The date you arrived in the UK in January is going to be significant. If you arrived in early January and are coming back from France in late June you will not have valid leave to enter. If there are only a few days to the visa end date you might find that the immigration officer asks a few questions as to when are you leaving the UK? At that point might re-stamp with the given date of departure as the new end of visa date. Note this will not extend the visa date beyond the original six month mark.

Going home:
In any event leaving in July has its own risks. There are sometimes embark controls in place at the airports. If you were unlucky you might find yourself explaining why you overstayed and worse still your passport endorsed as an overstayer. This will have a negative impact if you try to return to the UK.

Coming back to the UK in the future:
Even if you do not get caught on the way out the risk does not end there. Your entry stamp to the US will give the game away when you come back to the UK. If you get an eagle eyed attentive UK immigration officer it will get noticed. You will then have a problem! How big a problem will depend on how strict the IO or his boss wants it to be. It could result in an instant refusal to enter – you would be back on the next plane home.

For a one month overstay is it really worth the risk?

Thanks so much for the info. I took a look at my passport and they did stamp it for six months for this visit which gives me to June 30. I suppose I could still take the France trip and come back before then, but upon return, I'm worried they will ask a lot of questions about why I've been here so long. I got lucky once so I don't think I will push it.

In addition I've decided to not overstay for a month and just go home before my 6 months is up. I see your point and I don't think that it is worth it.

Cheers,
RB

[Rb]

Is there any reason (other than your partner) why you are living as a visitor in the UK? Are you undertaking any employment, study or other such activity?

Your long periods of 'visiting' will likely arouse suspicion - I doubt you'd be able to extend your visitor's visa after having lived here almost a year as a tourist and without any valid reason (e.g. family emergency). As a US citizen consider yourself lucky, as most other nationals would probably be denied entry (or at least given a few weeks' leave to remain), so I suggest you either return home after visiting France or apply for a proper long-stay visa once home.

If you are unable to get an extension, you'd be classed as an overstayer, which has its own repercussions for future immigration. Unlike the US, however, the UK doesn't seem to bar non-visa nationals who overstay from entering the UK under the visa waiver.

Hi, thanks for your response. Yes I do not plan to overstay.

I'm still a little confused though as to whether I've violated any rules currently. After my first stay they let me back in and gave me another six months. Was this just an error on their part? Will that fact alone be an issue if I go to France, return to the UK, and then return home all within the 6 month period?

Thanks again.
Rb

[Nowty]

You have not yet violated any rule even if you stay to the end of your current visit visa as long as you are a bona fida visitor. But the visa you have is not a multiple entry visa so if you go to France before the end of your current visa, you have left the UK and that visa is no longer valid. That means when you return to the UK from France you are going through the entry clearance process all over again and at that point an IO is unlikely to be as lenient as before. You might just get away with being allowed to stay to take your return flight to the US.

[Frontier Mole]

You have not yet violated any rule even if you stay to the end of your current visit visa as long as you are a bona fida visitor. But the visa you have is not a multiple entry visa so if you go to France before the end of your current visa, you have left the UK and that visa is no longer valid. That means when you return to the UK from France you are going through the entry clearance process all over again and at that point an IO is unlikely to be as lenient as before. You might just get away with being allowed to stay to take your return flight to the US.

Nowty,

I never thought of that angle - nice one!
UK is not a schengan country so no schengan visa for free movement in EU - doh!

Must do better, must do better ,must do........

[Rb]

You have not yet violated any rule even if you stay to the end of your current visit visa as long as you are a bona fida visitor. But the visa you have is not a multiple entry visa so if you go to France before the end of your current visa, you have left the UK and that visa is no longer valid. That means when you return to the UK from France you are going through the entry clearance process all over again and at that point an IO is unlikely to be as lenient as before. You might just get away with being allowed to stay to take your return flight to the US.

Ok, Right. I didn't think of this either. When I come back from France, I'll need a new Visa. I really don't want to risk any trouble with that. I guess the France trip is out. C'est la vie : )

Thanks for your advice.

[Frontier Mole]

One solution - go on France trip - assume France is a non visa country or visa waiver country for US - don't know??

Fly back to the US out of France - even if it transits through UK if you are going to use current ticket it should be ok.

Just an idea - no substance other than lateral thought - needs comment from forum and / or checked out with French.

[Frontier Mole]

Deleted

[jei2]

I know of at least one individual in very similar circumstances who got away with doing this for several years by actually going to France for a couple of days and coming back in.

Eventually decided to go for a fiancee visa, previous irregularities were picked up by the proverbial eagle eyed IO and it was back home at warp speed.

Definitely not worth the risk.