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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7618
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My son (a UK resident) has a Thai girlfriend. He has returned

Customer Question

My son (a UK resident) has a Thai girlfriend. He has returned to the UK to work for the fire service. She currently has a 6 month visitor visa expiring in November and will be returning to Thailand at this time. They are planning marriage next year but would like to get a second visa for her to return for Xmas. She has arrived in the UK twice under her current visa and was "grilled" by border control the second time and was felt feeling that another visa application would be "difficult". Both of them currently live with us, she knows she is not allowed to work (hopefully next year a marriage visa will resolve this) - would she be spoiling her chances of a marriage visa by applying so soon for another tourist visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If she spends 6 months in the UK and then leaves in November then she would not be able to return to the UK for xmas on a second visit visa.. This is because there is a general rule that visitors cannot spend more than 6 months in any 12 months period in the UK, because spending more than this time in the UK is regaded as an attempt to be effectively “resident” in the UK during a given 12 month period.
Her application would be rejected and the application fee would be retained unfortunately, so it’s not really an option
I am sorry but I think they would be best served by amending their plans.
I would also strongly consider seeing a local immigration solicitor before she returns for a consultation about their eligibility for a spouse visa next year so that they can start planning for it.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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Customer: replied 2 years ago.

Thank you - could you recommend a local immigration solicitor? We live near Cardiff

Expert:  Thomas replied 2 years ago.
Hi,
I don't really know the area, unfortunately.
I would use the law society find a solicitor site to find ones near you:
http://solicitors.lawsociety.org.uk/
Tom