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Staying longer than what you mentioned in application

General UK immigration & work permits; don't post job search or family related topics!

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mabhang
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Staying longer than what you mentioned in application

Post by mabhang » Wed Aug 24, 2016 11:50 pm

Hello members,

I need your expert advice on a situation which is as follows -
My in-laws came to UK on a visitor visa mid April and are leaving on 4th October just few days before their visa expires.
In their application we mentioned, that they will be staying for 4 weeks only.
They will be applying again after 6 months and a fellow solicitor suggested that we should have explained in a letter that we had change of plans and are going to stay longer so that they consider the next application. (We have a son who they look after while me and my husband both work fulltime).
- I want to know should we write UKBA a letter now explaning the longer stay?
- Will this help in the future application?
- Also what reason can we give them for the extension of stay?Should we mention about our baby?
- During the next application, should we tell that the duration of stay will be 6 months?
Please advice and also let me know if you require more details.
Thank you.

Best Regards,
Anuja Khatal.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Staying longer than what you mentioned in application

Post by noajthan » Wed Aug 24, 2016 11:59 pm

Visit visas are not intended for unpaid childcarers.
They are not intended for residence rather than visiting.

Statements of intent as expressed in previous applications are weighed up against actual behaviour when any future application is considered.

Expect a rough ride.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Staying longer than what you mentioned in application

Post by Casa » Thu Aug 25, 2016 12:08 am

Your parents may well have dug a considerable hole for themselves by extending their stay, even more so as it's been such a long visit.

We had a member recently on the forum who was later refused a visitor visa for exactly this reason. Your solicitor gave sound advice but you may have left it too late to write to the UKVI (the UKBA were disbanded in 2013). You should have contacted them before the 4 week period your parents originally requested had expired.

I wouldn't advise giving the reason for the extended stay as caring for their grandchild as the UKVI deem this to be unpaid work, which isn't permitted on a visitor visa. You could write and explain that you've only just been advised that your parents should have returned within the specified time in their application, but to be honest it depends on how the Entry Clearance Officer views the next application.

Edit: As per usual, beaten by noajthan :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mabhang
Junior Member
Posts: 55
Joined: Sat Jul 04, 2015 4:23 pm
Mood:
India

Re: Staying longer than what you mentioned in application

Post by mabhang » Thu Aug 25, 2016 12:34 am

Hi Casa & Noajthan!

Thank you for the prompt replies. I know it's not been a wise decision, had we known earlier, we would have send a letter before finishing the first 4 weeks!
Is it still advisable to send them a letter now stating that we didn't realise/know that we must inform the UKVI (thanks Casa for pointing that out) about the change of plans?
As I realise I have jeprodiced approval for next visitor application, I want to do everything I can to try to get it approved.
Also what reason would you advise for this longer stay if not childcare?
Let me know your thoughts.
Many thanks.

Kind Regards,
Anuja Khatal.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Staying longer than what you mentioned in application

Post by Casa » Thu Aug 25, 2016 10:00 am

A letter of explanation to the Home Office certainly won't do any harm.

My only suggestion would be to write that your parents were enjoying spending time with the family and didn't appreciate that they shouldn't extend their stay beyond the period requested in the visitor visa application, until advised by a solicitor.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mabhang
Junior Member
Posts: 55
Joined: Sat Jul 04, 2015 4:23 pm
Mood:
India

Re: Staying longer than what you mentioned in application

Post by mabhang » Thu Aug 25, 2016 2:35 pm

Hi Casa,

Thanks for the suggestion! I am drafting a letter now.
Can you please point me where I can find the address to post it?
Do you know if the address "UK Visas and Immigration, Home Office, Customer Contact Centre, Ground
Floor, Vulcan House - Iron, Sheffield, S3 8NS" is the correct one?
Let me know.
Many thanks.

Best Regards,
Anuja Khatal.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Staying longer than what you mentioned in application

Post by Casa » Thu Aug 25, 2016 2:50 pm

The Sheffield address should be fine.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mabhang
Junior Member
Posts: 55
Joined: Sat Jul 04, 2015 4:23 pm
Mood:
India

Re: Staying longer than what you mentioned in application

Post by mabhang » Thu Aug 25, 2016 3:24 pm

Great! Thanks so much casa! :D

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