Confusion over passport stamps

[wibbles]

My girlfriend is Australian and has been over here with me on the stamp they put on her passport when she enters.

She has been and left a number of times as follows:

28th October for 4 days
9th November for 9 days
10th December for 17 days
10th January - 21st April

She has a friend living in Europe and has been going visiting them in between.

Each time she has come her passport has been stamped with a stamp that says 6 months. Is this a new 6 months each time she comes? We were unsure if it was 6 months from 28th October or if she would be able to come back next month and have 6 months from 10th Jan or would she get another 6 month stamp. We're confused so any help would be appreciated.

Thank you.

[Christophe]

Each time she has come her passport has been stamped with a stamp that says 6 months. Is this a new 6 months each time she comes? We were unsure if it was 6 months from 28th October or if she would be able to come back next month and have 6 months from 10th Jan or would she get another 6 month stamp. We're confused so any help would be appreciated.

Yes, it is six months each time. This is given on the basis that she is a bona fide visitor. The earlier dates would probably suggest to an immigration officer that she is - the first two stays were short, the third one a bit longer; but the latest stay was quite lengthy (over three months). If an immigration officer suspects that she is actually living here rather than simply visiting, more questions might be asked - she might need to show the ability/intention to go home at the end of her stay (e.g. funds, return ticket) or she might be given a shorter period of stay. So she needs to be careful.

[wibbles]

Thanks for that. If she does come next month she will have a return ticket so hopefully will be OK.

[darksquid]

Just remember that as a visitor, she is not allowed to spend more than 6 months in the UK in any 12 month period. So make sure her total time in the UK doesn't exceed 6 months in the past year, or else she will most likely be denied entry next time she comes for a visit.

As long as you space her visits with enough time in between, she should be ok, but her frequent visits may elicit unwanted attention from the powers that be.

Many reunions have been spoiled by the foreign partner being denied entry because they have come and gone too often, or say the wrong thing at Immigration, or don't have enough money, or merely because the IO didn't get any the previous night.

Good luck!

[wibbles]

OK so how do we work this out? Would we start counting from the first October visit? So she has already spent 132 days here. So between now and October 2007 she can only spend another 48 days here? Is that correct?
Or does it start from January to January? Sorry, I'm not sure how to work it out.

[darksquid]

The rule is 6 months in a rolling 12 month period.

So yes, you are correct, between her first visit in October 2006 and October 2007 (and between today and April 2008, etc.), 182 days in the UK is the limit.

Once the 6 month limit has been reached, she should not return until some of her time spent in the UK 'rolls off', so to speak...to ensure her total visits remain less than 6 months. It should be noted, however, that this rule is not always followed religiously by IOs at airports, and some people can and do slip through the net. But the chances that your GF will be turned away next time she tries to re-enter the UK is very high indeed. And she will be sent back - where? Quite possibly Australia unless she has a valid visa for another country.

Living in the UK for longer than 6 months out of a year is, in effect, residing in the UK. And as a visitor, this is illegal. You really need to start investigating legal means for your GF to live in the UK. What you are doing now is treading on very thin ice!

[wibbles]

OK cheers. I think I get it now. Is there a website that explains all this, I can't seem to find anywhere that says about the 182 days and the rolling period.

[darksquid]

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

If you look on page 6, point 4, it's quite clearly outlined.

I had some better guidance notes at one point, but I'm afraid I can't find them...I'll post them if I can find them!

Immigration forums like this are full of cases where one half of a long distance relationship was sent packing because they were doing just what you are doing. Obtaining a subsequent visa after being refused entry can be difficult, as it puts a permanent 'black mark' on your passport. So be careful!

Is there not a proper visa your girlfriend can obtain? Working Holiday visa, work permit, student visa, unmarried partner, fiancee visa, etc?

[wibbles]

Thank you.

We are planning on getting a fiance visa but she wanted to come back for one more visit before she went back to Australia.

So far she's spent 132 days here since October. I guess this means she has 50 days left. If she came back for another month for example would this impact the chances of a fiance visa as long as she didn't overstay? There's no way she'd overstay.

We meet all the criteria, can prove we've met, have money, I have a job, a place to live etc so I think it's fairly likely she'll get the visa.

[darksquid]

Technically, she could come back for a month and not be violating the 6 months rule. HOWEVER, the IO at the airport is entirely empowered to use their own discretion, and there is absolutely no guarantee they will let your GF back in. To be honest, I feel you have been extreeeemely lucky so far. I personally know people who have been turned away having stayed for far less time than your GF has.

As you fulfill all the criteria for the fiance visa, you should have absolutely no problem obtaining it. The process is surprisingly simple and straightforward - albeit increasingly more expensive!

It should be noted, though, that unless your GF has a visa for another country, she will have to return to Australia to apply for the fiance visa. A visitor cannot obtain a fiance visa from within the UK, I'm afraid - it must be obtained from the British consulate in the country of residence.

[wibbles]

Yeah we know she has to go back to Australia to get the fiance visa. On the Austalian website it says processing time is 3-4 weeks. I assume this means she could maybe get the visa within a month so only have to be away for that ammount of time.

I guess she's always got in because she's always had a return flight booked. If she did try to come for the month and got refused would this impact applying for the fiance visa?

Thank you for taking the time and patience to answer my questions.

[darksquid]

Thank you for taking the time and patience to answer my questions.

No problem! I've been there, and have gone through what you're going through now. I was the foreign GF, but three and a half years later, I am now a happily married British citizen. So I'm happy to help

Dont worry, though. If your GF does get refused entry, it will not ultimately affect the outcome of her visa application. It might add a couple of days to the processing of the application while they investigate the refused entry, but it shouldn't cause any trouble. In fact, a refusal is often the kick in the pants some couples require to finally go for the fiancee visa!

Good luck, and I wish you a happy marriage. It's all worth it when you can finally - legally - be together permanently!

[wibbles]

Ah OK nice one. Well, we've decided anyways that she'll go back to Australia and apply for the visa instead of coming back for another month. Thinking the sooner we get it done with the sooner she'll be back. I'm going to start getting my stuff together (passport, birth certificate, pay slips etc) and post it over to her as soon as she gets there. Hopefully it won't take too long for it to come through and we'll be back together for the summer. It'll be great when we can be together permanantly.

Thanks again for the help.