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Can you give too much information

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MissJo
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Joined: Sun Apr 11, 2010 11:58 am

Can you give too much information

Post by MissJo » Sun May 23, 2010 2:00 pm

Hi,

We will be soon applying for a fiance visa for my US fiance.

Long story short is he came last summer for 2 months, at the end of the summer I found out I was pregnant and he was due to go back to the States to work and did so.

In the October I miscarried and he came back to be with me, he stayed for 4 weeks. He then came back in December planning to stay for 4 weeks again and while he was here he found out his job back at home was no longer there.

We decided that he should stay with me and use his savings and money sent from his parents to support him which they kindly agreed to, I wasn't coping very well with the m/c and as he had been stamped into the country for 6 months he could stay (we checked with an immigration lawyer who told us about "spent leave") and that even though he had been here previously in the past 12 months for 3 months he was not breaking any rules by staying til the end of his current passport stamp.
He goes back in 2 weeks time and we are looking at applying for the visa about a month later.

I'm just wondering if we should go to the lengths of explaining why he stayed on so long, we have done quite a bit of travelling and sightseeing during this time as well, I guess I don't want to over complicate things for an ECO but at the same time want them to understand why he stayed on so long. The job falling through and for moral support for me during an emotional time.

Thanks in advance.

Jo

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun May 23, 2010 4:01 pm

The rules are quite plain, no more than six months in every twelve, has he gone over that?
An chéad stad eile Stáisiún Uí Chonghaile....

MissJo
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Post by MissJo » Sun May 23, 2010 5:45 pm

Wanderer wrote:The rules are quite plain, no more than six months in every twelve, has he gone over that?
Yes but there is a rule called "spent leave" http://www.londonelegance.com/transpond ... eave.shtml

We checked with an immigration lawyer and as he was allowed in the country he could stay for the 6 months under the spent leave rule, I was more concerned about how much information we should give on the application :)

mrlookforward
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Post by mrlookforward » Sun May 23, 2010 5:57 pm

You must not give any incorrect information on the application form. do that and you can be sure of never having any success in the future. If the application form asks for certain information and you dont provide it, then also its like providing incorrect info.

MissJo
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Posts: 13
Joined: Sun Apr 11, 2010 11:58 am

Post by MissJo » Sun May 23, 2010 6:10 pm

mrlookforward wrote:You must not give any incorrect information on the application form. do that and you can be sure of never having any success in the future. If the application form asks for certain information and you dont provide it, then also its like providing incorrect info.
I don't intend to give incorrect information, we'll be listing exactly when he has been here and how long for, I just really wondered whether some notes added to explain the length of his last stay would help the ECO understand :)

mrlookforward
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Post by mrlookforward » Sun May 23, 2010 6:29 pm

He didnt overstay his leave, so this doesnt need to be explained in particular. But if you think that explaining all your circumstances will help his application in a general sense, then go for it, no harm in it. :D

HRY2005
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Location: UK
United Kingdom

Post by HRY2005 » Wed May 26, 2010 3:51 am

If you think its good to explain why he stayed for that long, I dont see anything wrong in it, as it will clarify the circumstances for the ECO but make sure you dont inlude any irrelevant information in your application.

I have a similar experience in my home country in 2005, travelling to the UK to spend 2 weeks and had problem with the airline at the boarding gate (then I have passed the immigration desk and already stamped my passport for depature). The argument with the airline official required that I returned to the British embassy (Airline liason office) for a clearance because airline thought my passport bio-data page was tampered. I returned to the Airline after obtaining a clearance, sent electronically to the Airline by the BHC. I got a different travel date with an apology from the airline.

Before my new travel date, airline was involved in some safety issues and their flight licence was withdrawn and all aircrafts grounded. All passengers got their money back but I could not travel anymore as I have about 2 weeks left on my visa.

My Point Applying for a renewal, I wrote a personal letter to the ECO explaining all circumstances concerning my travel, the departure stamp and airline issue which they're already aware of, making a reference to coming back to them for clearance. I got my passport back within 1 week, visa was granted and a letter to attend an interview was also included. A phonecall to the BHC revealed to me that the ECO has already decided to invited me for an interview before going through my letter to the ECO and the letter was included in error.

So, explaining all circurmstances in my opinion is not out of place.

Good luck

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