Visitor Visa- Re application

vivekR · Post by **vivekR** » Thu Jul 19, 2007 4:18 pm

Hi All,

Need some advice/ feedback from people who have been in or known similar situation.

We had my wife's cousin over recently from India for six months after the birth of our daughter. It worked perfectly well while she was here. We are considering the idea of calling her over again within 6 weeks of her departure. Both me and my other half are working full time and studying part time as well (both of which are extensive). Our cousin is a housewife and is happy to come over as she loved it here and will not get a similar opportunity again from next year when her daughter return from the US are getting married.

Is there something in the regulation which prevents her from applying again, provided she has all the required documentation. Has anyone known a case where a visa was refused for re applying so soon?

I would highly appreciate a reply from anyone on the matter. Thanks for your time to read this mail.

Best Wishes to all
vR

Wanderer · Post by **Wanderer** » Thu Jul 19, 2007 4:25 pm

vivekR wrote:Hi All,

Need some advice/ feedback from people who have been in or known similar situation.

We had my wife's cousin over recently from India for six months after the birth of our daughter. It worked perfectly well while she was here. We are considering the idea of calling her over again within 6 weeks of her departure. Both me and my other half are working full time and studying part time as well (both of which are extensive). Our cousin is a housewife and is happy to come over as she loved it here and will not get a similar opportunity again from next year when her daughter return from the US are getting married.

Is there something in the regulation which prevents her from applying again, provided she has all the required documentation. Has anyone known a case where a visa was refused for re applying so soon?

I would highly appreciate a reply from anyone on the matter. Thanks for your time to read this mail.

Best Wishes to all
vR

She's not gonna be working is she?

VictoriaS · Post by **VictoriaS** » Thu Jul 19, 2007 4:33 pm

You need to be very careful. If they think that she is wanting to settle int he UK then they will refuse her, and iuf she wants to come over only 6 weeks after she left then they may well suspect this, especially if she intends to stay for the whole six months.

Also, if she says she is coming to help look after the baby whil;e you are both working/studying, they can deem this work, and refuse on that basis!

Victoria

vivekR · Post by **vivekR** » Thu Jul 19, 2007 4:57 pm

Hi Again,

Thanks for the reply. No she is not here to work. Infact she has a substantial bank balance and enough financial ties back home. Her finances are pretty stable. For sure. Quite a few visa on her passport already.

She does helps us with the baby, (3 days a week, while our daughter goes to the nursery for 2 days), and in return she gets some peace and space from the hustle and bustle from back home. Her husband is no more, but still lives in the family house with all others. If someone has lived a joint family life in Bombay, they will know exactly what I am talking about. BTW she is also my daughter's Godmother, and we are planning to have the little one's first Diwali pooja with her later this year.

But given your responses, it does seem a bit difficult. I wonder if her financial situation will help her cause.

How does immigration know when she left? They do not stamp the passport when she leaves.

Cheers
vR

jes2jes · Post by **jes2jes** » Thu Jul 19, 2007 5:39 pm

I will advise you to wait a couple of months. As per the visa rules (and someone may correct me), you are allowed to stay for a maximum of 6 months out of every 12 months hence she has exhausted this. If the visit is exceptional then they would allow that but you do not want to try the patience of the IO.

Personally, my friend came over for 6 months, he re-applied after a couple of weeks and was refused outright because they said, he just came back and there is no reason he has to go back at short notice with no compelling issues to attend to in the UK. I did not appeal this.

How does immigration know when she left? They do not stamp the passport when she leaves

There are no embarkment controls at UK airports officially but don't forget her passport would be stamped on arrival in India and conclusion can be drawn.

Looking after your child for three days in a week is considered work and she needs a work permit or domestic person's visa (can't remember the real name) for this purpose.

You can make her try but that is your call. Was the visa she had more than 6 months and multiple? (Although I doubt they issue visa's beyond 6 months validity for first timers)

VictoriaS · Post by **VictoriaS** » Thu Jul 19, 2007 6:16 pm

It's not actually in the rules that you can't come back or can't come here for more than six months out of every 12 (unless you have a two year multiple entry visit visa) but it's a good guideline, as a refusal is highly likely.

I agree with everything else in Jes' post.

Victoria

avjones · Post by **avjones** » Thu Jul 19, 2007 11:51 pm

Jes has hit it on the nail.

vivekR · Post by **vivekR** » Tue Jul 24, 2007 11:41 am

Hi All,

Many thanks for your reply. I managed to get some information re the above topic from the IND internal guidance doc on their website, where the 6 month rule applies for any 12 month period. It is not a rule as such, but does look like it serves as a strict guideline.

Link as below for any one else interested in this topic.

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

Look under section 4: FREQUENCY AND DURATION OF VISITS

Thanks again to everyone for all the help.

Best regards
vR

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Visitor Visa- Re application