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Zerubbabel wrote: ↑Sun Feb 09, 2020 6:15 pmHello
I think jumping from 6 months to 10 year visa is asking for trouble really.
My brother is on 5 year visitor visa and it took him nearly 8 years of regular visits to get to that point. I think it's safer to go by small increments. Like: a few times 6 months, they 2 years, then 5 years, then 10. Longer visas have to be backed up by strong and consistent immigration history to the UK.
Also, I wouldn't use the word "overstay" in any communication with the Home Office regarding the applications of your parents. If it lands on the desk of someone in hurry, it might be taken out of context and interpreted as you are trying to explain why they overstayed their previous visas; which they didn't.
secret.simon wrote: ↑Sun Feb 09, 2020 6:18 pmLet sleeping dogs lie. Do not mention it on their applications. However, be prepared for either being asked for an explanation or a refusal. Once an explanation is on their records it may raise more questions and more issues.
Concur with @Zerubbabel that ideally you should apply for multiple shorter visas before going for a 10 year visa.
For visitor visas, they don't ask about anything. They take the application, evaluate it and next time you hear from them is either with a visa or a refusal letter without option to appeal/review.Do HO asks for explanation of previous long stay or do they reject straight away?
Zerubbabel wrote: ↑Sun Feb 09, 2020 8:23 pmFor visitor visas, they don't ask about anything. They take the application, evaluate it and next time you hear from them is either with a visa or a refusal letter without option to appeal/review.Do HO asks for explanation of previous long stay or do they reject straight away?
You don’t really have any valid reason for your mum to be leaving later than planned. “Delayed housewarming party” in the eyes of HO is close to non-existing explanation. Hence, I suggest not to give that explanation at all as it will only raise flags.ILR.dot.dot.dot wrote: ↑Sun Feb 09, 2020 9:13 pmThanks Zerubbabel.
In that case, shall I explain this long stay to avoid any cancellation or avoid it all together as explaining may actually make my case worst? Other than this reason, I have a strong application (at least in my eyes).
Also, shall I apply both the applications together or separately?
Thanks.
Zerubbabel wrote: ↑Sun Feb 09, 2020 8:23 pmFor visitor visas, they don't ask about anything. They take the application, evaluate it and next time you hear from them is either with a visa or a refusal letter without option to appeal/review.Do HO asks for explanation of previous long stay or do they reject straight away?
gatha_vdm wrote: ↑Mon Feb 10, 2020 11:00 amHi ILR.dot.dot.dot,
I have a quick query.
Can you please tell me your parents overstayed of their planned trip? or they overstayed for their tourist visa period(Valid from to Valid to).
As far as I am aware, HO approves visit visa for minimum 6 months even if you apply for a week stay in the UK.
If they haven't stayed beyond their visit visa validity period, then they never overstayed, with my understanding.
I hope this gives an idea.
Cheers!
gatha_vdm wrote: ↑Tue Feb 11, 2020 10:06 amHi ILR.dot.dot.dot,
you have mentioned in all 3 occurrences of your mum they were here for more time than they applied to be, I guess every time they might have applied a new visa right? they got approved, so this time why you think it can cause a problem? May be because you apply for a 10 year visa?
just to have a clear understanding, Can you please share the links in this forum where people mentioned about overstay refusal based on dates mentioned in application rather than visa end date.
https://assets.publishing.service.gov.u ... s-v8.0.pdf
"Any applicant who is applying for leave to remain must not have remained in the UK
after the expiry of their original grant of leave, on the date of their application.
Remaining in the UK after leave has expired is commonly known as overstaying"
Cheers!
Zerubbabel wrote: ↑Tue Feb 11, 2020 10:46 amI think the OP is raising an issue that doesn't exist and bringing to it a solution that isn't.
Imagine a second, the fact that you state your wanted to stay 2 to week and you stayed 4 would be a motive for refusal. You can't respond to that by saying we had a party / housewarming :/
Zerubbabel wrote: ↑Tue Feb 11, 2020 10:46 amI think the OP is raising an issue that doesn't exist and bringing to it a solution that isn't.
Imagine a second, the fact that you state your wanted to stay 2 to week and you stayed 4 would be a motive for refusal. You can't respond to that by saying we had a party / housewarming :/
ILR.dot.dot.dot wrote: ↑Tue Feb 11, 2020 4:01 pmHi gatha_vdm,
Please see the below URLs where visa got rejected due to longer stay than what was stated in previous application:
general-uk-immigration-forum/visit-visa ... 14152.html
general-uk-immigration-forum/visit-visa ... 17024.html
general-uk-immigration-forum/re-applyin ... 71873.html
general-uk-immigration-forum/uk-2-year- ... 15905.html
My Father has applied visa 2 times and mother has applied for 3 times. All this time they have stayed longer than the duration in Visa application. Each time it was 6 months visa application and they got the visa each time.
I am worried this time as previously I was not aware of this rule and I am planning to apply for 10 years visa which is costly and I believe may be going through more scrutiny then a normal 6 months visa.
I am unable to find a guide that I saw few days back (which was archived guidance document) has this point in the guidance too that the case worker can reject application if applicant has stayed longer than period mentioned in the previous application. It does however say that this should not be the only reason for rejection which means its balance of probabilities that CW check.
Thanks.
gatha_vdm wrote: ↑Tue Feb 11, 2020 10:06 amHi ILR.dot.dot.dot,
you have mentioned in all 3 occurrences of your mum they were here for more time than they applied to be, I guess every time they might have applied a new visa right? they got approved, so this time why you think it can cause a problem? May be because you apply for a 10 year visa?
just to have a clear understanding, Can you please share the links in this forum where people mentioned about overstay refusal based on dates mentioned in application rather than visa end date.
https://assets.publishing.service.gov.u ... s-v8.0.pdf
"Any applicant who is applying for leave to remain must not have remained in the UK
after the expiry of their original grant of leave, on the date of their application.
Remaining in the UK after leave has expired is commonly known as overstaying"
Cheers!
gatha_vdm wrote: ↑Wed Feb 12, 2020 10:29 pmHO again proves, it can act as it likes.
Thanks for en lighting me.
May be mention full 6 months, only thing is you may have to show additional funds for the stay.
if the document is archived or not found from gov.uk site, meaning it is longer active, like certain other immigration rules, if it is not there now, lets not worry about it.
For safety may be apply 6 months visa only.
cheers!