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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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Good day. Background My wife, is an Indian national

Resolved Question:

Good day.
Background
My wife, is an Indian national and is currently in the UK on a 6 months general visit visa for tourism. Another daughter lives with me in Muscat, Oman. My wife has a residence visa in Oman.
Our nephew lives and works in London and my wife mentioned in her visa application that she would stay in his house while visiting UK for 1 to 2 months. My wife has a return ticket for 28th June 2015 and declared this to the immigration officer when she landed in London on 3rd April 2015.
After my wife's visa was issued, our daughter received a Restricted Certificate Of Sponsorship for herself and her husband from a Big 4 accounting firm.
My wife is staying with my daughter and intends staying with her till the end of August because my daughter is taking a professional exam and needs my wife's help.
Questions
1. After exiting the UK my wife plans to apply for a 10 year multiple entry family visit visa. If my wife remains in the UK beyond the 2 month period but within the 6 month validity of the current visa, will this be a ground for refusal of the 10 year multiple entry family visit visa.
2. Can my wife re enter the UK on a valid multiple entry family visit visa again in 2015 after exiting in August 2015.
3. Will it be helpful to inform the Home Office of the intention to stay in the UK beyond the 2 month period but within the 6 month visa validity period. Can official permission be obtained in the UK from the home office.
4. Is it possible to seek and obtain an extension till the middle of November 2015, exit the UK and apply for the next visa in 2016.
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
1) no, this will not be a ground for refusing her next visa
2) yes, but the final decision to let her enter the UK lies with the UK immigration officer at the UK border. Having a visa does not guarantee entry to the UK.
3) not necessary to do anything but she may explain this fact in her next visa application.
4) I would advise against her applying for an extension unless there are serious compelling reasons to do so e.g. Medical condition which does not allow her to travel. applying for an extension will complicate her case and may affect her next visa.
Hope this helps
Customer: replied 1 year ago.

Good day. Thank you for helpful response. I have some follow up questions. Kindly respond to them please. I have read the UK immigration rules. The link is provided below for easy reference. I have referred to some of the rules in my follow up questions.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423617/visitor_guidance_final_v1_0_ext.pdf

1. no, this will not be a ground for refusing her next visa

This is a follow up question. My daughter is currently on a 3 years RCOS valid till April 2018. So after exiting UK within the 6 month validity of the current general visitor visa, is it better to apply for the 2 year multiple entry visit visa (expiring before daughter’s visa expires) or for the 5 year multiple entry visit visa (expiring after my daughter’s visa expires.

2) yes, but the final decision to let her enter the UK lies with the UK immigration officer at the UK border. Having a visa does not guarantee entry to the UK.

This is a follow up question. My daughter’s husband is frequently disrupting her day to day life and her efforts to progress in her career. My daughter has to perform to expectations at work and also pass a demanding professional examination by November 2015. She has to take a paper by end of May, another by end June or mid July and 3 papers in the 1st week of November 2015.

My wife would visit our daughter only for the purpose of helping her progress with her career (managing the home while our daughter prepares for taking professional exams, supporting our daughter in future in case of pregnancy and after delivery etc) We have strong social and economic ties in India and in the Middle East requiring my wife’s physical presence outside UK and can demonstrate these with documents.

Do you have any specific advice for us on anything else we need to do now to ensure that the immigration officer at the airport clears my wife’s entry when she returns to UK on another valid multiple entry visit visa.

3) not necessary to do anything but she may explain this fact in her next visa application.

This is a follow up question.

In the visa application, my wife represented that she wanted to visit the UK for tourism and would stay with her Nephew in Croydon, Surrey. After my wife received her visit Visa on 3rd March 2015, my daughter applied for her visa in mid March (as soon as she collected all the required documents) and subsequently received her visa in the last week of March 2015. My wife has visited her nephew in Croydon, Surrey after reaching London but is currently staying with my daughter in Leeds, West Yorkshire.

My wife applied for a 2 month visit visa but has received a 6 month visa and intends to exit the UK in August 2015 well before 3rd September (the expiry date of the 6 month visit visa). She produced to the immigration officer at LHR a return ticket for 28th June 2015.

When she applies for a long term visit visa (2 years or 5 years) after exiting the UK, will the aforementioned facts be construed as “ breach” under the UK Immigration Rules V 3.9 (a) “overstaying”, or (c) “deception in relation to an application” or under V 3.6 “False information in relation to an application”

4) I would advise against her applying for an extension unless there are serious compelling reasons to do so e.g. Medical condition which does not allow her to travel. applying for an extension will complicate her case and may affect her next visa.

Agree completely.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

I am willing to wait for UKSolicitorJA till end of day on Tuesday 12th May 2015.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

I have not received responses to my follow up questions.

If UKSolicitorJA is not available, please find someone else to respond.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Regarding your follow up questions, my answers are as follows:
1. I would recommend that you should apply for a 2 year visa, this is because your visa is not being granted on the basis of your daughter being in the UK but rather on the basis that you have complied with the requirements of your current visit visa. It is only logical that you apply for a 2 year visa then after this for the 5 year visa and then 10 year visa. I would not recommend applying for a 10 year visa straight away.
2. I do not believe that you need to go into all this deal regarding a visit visa, this is because you are giving the impression that you may not adhere to the visa requirements and remain in the UK beyond the required period. I would recommend is that your wife does not go over the period she mentioned in her visa of 1-2 months, this is because the home office can state that you were not truthful about your stay in the UK and may refuse any subsequent visit visa applications.
I recommend that your wife returns home within the period of time stated and then reapplies to return to the UK, she can state that the reasons is to help her daughter during her current career etc for only a few months. Then she will not have any problem returning to the UK as the reason for her prompt return would have been explain already.
3. Yes as I mentioned above she must return on the date she stated ie 28th June, the 6 months visa is granted to everyone entering the UK regardless of their duration of stay. She should therefore return and reapply and state that she wishes to return to the UK as her daughter is now in the UK due to her work.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.

15th May 2015

Hi, Thank you for your answers to my follow up questions.

Most of my questions have been answered.

Could you kindly answer the following questions.




  1. My wife has visited UK once for 6 days, for tourism in 2006 on a 6 months multiple entry visit visa.

    She currently holds a multiple entry visit visa issued on 3rd March 2015. Visa type is mentioned as C-Visit. It is valid until 3rd September 2015

    If she exits the UK and returns while the current visa is still valid, can she do so without applying for another visit visa?




  2. Option to travel on current multiple entry visa.

    In the visa application my wife mentioned that she intended to stay in the UK for 1 to 2 months. She entered UK on 3rd April 2015. So the 2 months will run out on 2nd June 2015. My wife currently holds a return ticket for 28th June 2015.

    Option 1

    Leave UK on 15th August and do not return in 2015. Apply for the next visa in 2016.

    Option 2

    Leave UK on 28th June, return after 15th July and leave UK by 31st August.

    Do not return again in 2015. Apply for the next visa in 2016.

    Option 3

    Leave UK by 2nd June, return after end of June and leave UK by 31st August.

    Do not return again in 2015. Apply for the next visa in 2016.

    Will the immigration officer at the UK airport refuse entry to my wife if she selects option 2 or 3.

    Will there be any issue with the fresh visa application in 2016 if my wife selects options 1 or 2 because under these options she will be staying in UK beyond the 2 month period after the entry on 3rd April 2015.




  3. My travel to UK

    I am working in Muscat, Oman in a Government organization. I will be applying for a 6 months multiple entry visa to visit my daughter. I have visited UK once in 2006 for tourism for 6 days. I was issued a 6 month multiple entry visa.

    I plan to visit my daughter twice in 2015.

    The first visit is likely to be in June, July or August for less than 10 days while my wife is still there. When I leave, my wife will leave with me.

    The second visit will be for about 45 days from end September to the 1st week of November. I will travel alone on this trip.

    Do you think there will be any issues either with the issue of my multiple entry visa or with my entry at the airport immigration on my 2nd visit in September 2015.



Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
1. Regarding your wife the best option would be option 3 as she would not be remaining in the UK beyond what she had stated and if it is a multi entry visa she may return under option 3. If she chooses option 2 then she can be asked to explain why she remained in the UK beyond the time stated and in some case can be refused entry.
2. Yes there can be, BUT to avoid her visa being refused she needs to explain in detail why she stayed beyond the time she stated in her application. The home office need to know that they can trust someone they have issued a visa to to adhere to what they have said, if she doesnt adhere to what she said in her application then they may not be able to trust her enough to issue another visa.
3. No there should be no issues regarding your visa or entry to the UK, provided you remain in the UK for no longer than the time you stated, if you remain in the UK beyond this period then you may have issued entering the UK on your second visit.
I hope this clarifies the matter, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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Customer: replied 1 year ago.

Thank you very much for your quick and clear responses.

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