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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter in law came to ENGLAND with my son on May 10th

Customer Question

my daughter in law came to ENGLAND with my son on May 10th and on her application asked for 4 months to go home to the Phillipines to start a job, which is no longer available. her visa was stamped for 6 months, multi visit on arrival. can she stay the full 6 months before returning?
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Submitted: 11 months ago.
Category: Immigration Law
Expert:  Thomas replied 11 months ago.


Thanks for your question.

Your daughters visa in her passport is for 6 months, correct?


Customer: replied 11 months ago.
she entered uk at Heathrow on May 10th 2016 and her passport is stamped until 9th November 2016. I was just worried that she originally asked for 4 months.
Expert:  Thomas replied 11 months ago.


Thanks for your question. I will try to help.

Provided that she leaves before her visa expires then she would not be regarded as an overstayer.

It’s perhaps not ideal that she indicated that only intends to stay for 4 months due to a job, but it’s not likely that the exit officials would know about it when she leaves the UK.

It would likely only potentially be an issue when she comes to apply for a visa in the future. It would be a really keen caseworker that spotted it, but personally if I were her I would be inclined to refer to the fact that the job offer fell through and therefore afforded her extra time to stay in the UK. I would also re-iterate in the future application that she left within the 6 months visa and was obviously able to support/accommodate herself without the need to access public funds.

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Customer: replied 11 months ago.
hi Tom. although Shiela is a qualified teacher, Ibelieve she will not be able to work as such in England, a shame as she is very bright. Her uncle has a care home , or such , in the Phillipines and has offered her the oppurtunity of gaining a care qualification with him. would this enable her to gain work here when she , eventually and hopefully, gains a spouse visa to stay?
Expert:  Thomas replied 11 months ago.


If she obtains a spouse visa then she can work in the UK without restriction..


Customer: replied 11 months ago.
My son has not yet got a job which offers him the £18.600 he needs to bring my daughter- in- law back into the UK on a spouse visa, but we are working hard on this. He intended to take his QTS qualification on returning to England but has not been able to find a school that has a vacant offer on the School Direct Salaried route. My son could work abroad on the qualifications he has, but not here! He has to enrol for next September start this October, but find other work that pays the amount he needs until then. So, what I need to ask you, Tom, is whether my daughter-in-law can return to England again on a tourist visa and how many times , so they are not separated for too long? and at what point can my son apply for a spouse visa? We need your advice on the next steps, please?
Expert:  Thomas replied 11 months ago.


I have already answered your original question, if you wish for me to provide further guidance please submit a further qusetion to the board marked for my attention.


Customer: replied 11 months ago.
FAO Thomas, Immigration Solicitor. I know you answered my original question, but I needed you to" expand" some details, please. It is to do with my son needing a job that pays enough to apply for a spouse visa, an effort that has not proved fruitful yet . Will my daughter -in-law be able to return on another tourist visa and, if so, when? She returns home early November on the one she has.Would you read this in conjunction with my last question, please? thankyou.
Expert:  Thomas replied 11 months ago.


If she proposes to return to the UK on a visit visa then she should consider applying for a visit visa on a multi-entry basis. These can be granted for 2,5 or 10 year periods and the holder may enter the uK as many times as they like provided that they do not spend more than 6 months in any 12 month period in the UK.


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