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Visit Visa - Appointment and Documents query

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ILR.dot.dot.dot
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Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Sun Feb 09, 2020 4:09 pm

Hi All,

It's a long post so please bear with me. I am planning to apply for 10 year visit visa for my parents and have few queries. I am their sponsor of the visa and I would bear all their expenses. They will stay with me while in UK.

My father has visited UK 2 times and my mother has visited UK 3 times.

1. My Parents came to UK in 2013. We stated 1 months of stay in application but they stayed for 55 days.
2. My Parents came to UK again in Jan-2016. We stated 1 month in the application but my parents stayed for 3.5 months. We were planning for a house warming ceremony which got delayed due to house work and they ended up staying longer than what we stated in application.
3. My mother came to UK in Jul-2016 again. She applied for 2 months but stayed for 2 months and 9 days in UK.

In all 2 occasions my father has overstayed (longer than what was in application but still within visa validity period). My mother has overstayed on all 3 occasions.

In none of my previous application I have mentioned about why they have overstayed and none of them have been rejected.
reading on this forum, I have now realised that we should have sticked to what we have written in the original application.
Now I am planning to apply for 10 years Visit visa for my parents. I was wondering if I should mention why my parents have overstayed in past (specially second visit above in Jan-16 as this is the time when they have stayed significantly over what was in the application)? Please bear in mind that my mother has already got another visa after Jan-16 stay without we saying anything in application about her previous overstay.

Does it make sense to discuss that second visit in this new 10 years visa application and explain why they over stayed? We do not have any proof to corroborate our story (house warming ceremony) to prove that we had house warming ceremony as it was with close family and friends at home and not in any restaurant. I have bought a new house in Oct 2015 which was 3 months prior to their visit.

Should we also consider explaining why they overstayed by 25 days in UK during their first visit in 2013?

Should I apply for Visa of my mother first and once she gets it then apply for my father as the fees for 10 years is high and I do not want 2 refusals at the same time or should I apply for both together but stick to 6 months for now? Previous visa for both of them has been for 6 months duration only.

I want my parents to stay for around 5.5 months this time. Shall I say 5.5 months in the application? Do HO issue Visit visa when people mention such long durations in Visa? What kind of reasons does HO accepts for long visit visa?

How much funds should I show in their joint bank account and in my bank account to make visa authorities comfortable about their and mine financial situation? They have around £5500 in their joint bank account and a Fixed Deposit of around £6000. Would this be sufficient?

My father has a business in India and has properties too. My mother has no regular income (except from my father for house hold support) but has properties on her name and Fixed Deposit in bank. Both have extended family in India which we will prove with family tree and family photographs (used in previous application successfully). My younger brother will take care of my father's business in his absence. We will furnish a letter from him confirming the same (again used in previous application successfully).


Appreciate if anyone can help here?

Thanks.

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Zerubbabel
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Re: Visit Visa - Stayed longer than period stated on application

Post by Zerubbabel » Sun Feb 09, 2020 6:15 pm

Hello

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
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Re: Visit Visa - Stayed longer than period stated on application

Post by secret.simon » Sun Feb 09, 2020 6:18 pm

Let 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.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Sun Feb 09, 2020 7:37 pm

Thanks Zerubbabel. I would apply for 2 years visa then and would not use word "overstay" in the application.
Zerubbabel wrote:
Sun Feb 09, 2020 6:15 pm
Hello

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.

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Sun Feb 09, 2020 7:42 pm

Hi secret.simon,
Do HO asks for explanation of previous long stay or do they reject straight away? I could not find any post on the forum which says that they have been contacted and asked for reason of long stay.

Just to avoid any complication, shall I apply for my mother first and once she gets visa then apply for my father? Does HO looks at this way of applying in negative way?
Since my mother already had a successful visa after second long stay so likely hood of her getting a visa is more (keeping fingers crossed) and once she gets visa then apply for my father or I shall just apply together for both of them for 2 years?

If I go with above approach, what shall I say in the application where they ask, are you travelling with anyone as my parents intend to travel together once both of them got the visa?

If it sounds too risky then shall I apply for both together for 6 months visa for now (apply for 5 months in the application and stick to 5 months for travel) and then apply for 2 years next time?


Thanks for your help.
secret.simon wrote:
Sun Feb 09, 2020 6:18 pm
Let 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.

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Re: Visit Visa - Stayed longer than period stated on application

Post by Zerubbabel » Sun Feb 09, 2020 8:23 pm

Do HO asks for explanation of previous long stay or do they reject straight away?
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.

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Sun Feb 09, 2020 9:13 pm

Thanks 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 pm
Do HO asks for explanation of previous long stay or do they reject straight away?
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.

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Re: Visit Visa - Stayed longer than period stated on application

Post by iwolga » Mon Feb 10, 2020 1:04 am

ILR.dot.dot.dot wrote:
Sun Feb 09, 2020 9:13 pm
Thanks 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 pm
Do HO asks for explanation of previous long stay or do they reject straight away?
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.
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.

Being very cautious in these kind of things myself, I would apply (and stay!) for 2-3 months max in 1-2 years’ visa.

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Re: Visit Visa - Stayed longer than period stated on application

Post by gatha_vdm » Mon Feb 10, 2020 11:00 am

Hi 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!

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Mon Feb 10, 2020 1:09 pm

Hi gatha_vdm,

The rules are not what you are saying. There are several rejection on this forum due to the reason I have mentioned (staying longer than what was entered in the initial application even though the visa was for 6 months).

Thanks.
gatha_vdm wrote:
Mon Feb 10, 2020 11:00 am
Hi 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
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Re: Visit Visa - Stayed longer than period stated on application

Post by gatha_vdm » Tue Feb 11, 2020 10:06 am

Hi 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!

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Re: Visit Visa - Stayed longer than period stated on application

Post by Zerubbabel » Tue Feb 11, 2020 10:46 am

I 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 :/

gatha_vdm
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Re: Visit Visa - Stayed longer than period stated on application

Post by gatha_vdm » Tue Feb 11, 2020 11:05 am

Hi ILR.dot.dot.dot,

Are you referring to 180 days in a year period rule for Tourist visa?

Someone with 2 years visitor visa cannot stay in the Uk for 2 continuous years,they can stay only 180 days in a one year period.


Cheers!

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Tue Feb 11, 2020 4:01 pm

Hi 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 am
Hi 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!

ILR.dot.dot.dot
Junior Member
Posts: 87
Joined: Thu Mar 21, 2013 1:44 pm

Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Tue Feb 11, 2020 4:03 pm

Hi Zerubbabel,

Please see some of the URLs that I have posted in my last post where Visit Visa got rejected due to the vary same reason that I mentioned.

Thanks.
Zerubbabel wrote:
Tue Feb 11, 2020 10:46 am
I 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
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Tue Feb 11, 2020 4:03 pm

Hi Zerubbabel,

Please see some of the URLs that I have posted in my last post where Visit Visa got rejected due to the vary same reason that I mentioned.

Thanks.
Zerubbabel wrote:
Tue Feb 11, 2020 10:46 am
I 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
Junior Member
Posts: 87
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Tue Feb 11, 2020 4:05 pm

Hi gatha_vdm,

I am not talking about 180 day rule.

Thanks
gatha_vdm wrote:
Tue Feb 11, 2020 11:05 am
Hi ILR.dot.dot.dot,

Are you referring to 180 days in a year period rule for Tourist visa?

Someone with 2 years visitor visa cannot stay in the Uk for 2 continuous years,they can stay only 180 days in a one year period.


Cheers!

ILR.dot.dot.dot
Junior Member
Posts: 87
Joined: Thu Mar 21, 2013 1:44 pm

Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Tue Feb 11, 2020 4:08 pm

Please see another post with similar concerns:
general-uk-immigration-forum/visitor-vi ... 76896.html

Thanks
ILR.dot.dot.dot wrote:
Tue Feb 11, 2020 4:01 pm
Hi 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 am
Hi 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
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Posts: 47
Joined: Tue Oct 31, 2017 11:52 am
India

Re: Visit Visa - Stayed longer than period stated on application

Post by gatha_vdm » Wed Feb 12, 2020 10:29 pm

HO 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!

ILR.dot.dot.dot
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Re: Visit Visa - Stayed longer than period stated on application

Post by ILR.dot.dot.dot » Thu Feb 13, 2020 10:25 pm

Hi gatha_vdm,

Any idea how much funds I need to show for my parents for 6 months visa?
Although it is a fully sponsored trip, still how much money my parents needs to show in their bank account for 6 month stay?

Thanks
gatha_vdm wrote:
Wed Feb 12, 2020 10:29 pm
HO 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!

gatha_vdm
Newbie
Posts: 47
Joined: Tue Oct 31, 2017 11:52 am
India

Re: Visit Visa - Stayed longer than period stated on application

Post by gatha_vdm » Fri Feb 14, 2020 2:54 pm

I actually have the exact same question for my friend, How much minimum needs to be kept.

I have done it for my in laws I maintained £1000 per month of their stay. mother in law came in for 5 months, father in law came in for 3 months.

They had some fixed deposit of £4,000 equivalent Indian rupees, I showed £4000 balance on my account.

But monthly I spend very little extra groceries and I have to move to bigger flat, overall £200 extra on top of my regular expense.

Cheers!
Gatha

ILR.dot.dot.dot
Junior Member
Posts: 87
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Visit Visa - Appointment and Documents query

Post by ILR.dot.dot.dot » Sun Feb 16, 2020 11:50 am

Hi All,

I have booked appointment in VFS in India for my parents for Visit Visa to UK.
My father has first appointment and my mother's appointment is after an hour in the same VFS center.
Both of my parents are planning to come together to UK.
My parents have a joint bank account that they are using for Visa application.

My query is:
  • Should both of them submit Bank statements original or my father as main applicant should submit bank statement?
  • How would VFS link these two applications as the appointments are separated by an hour?
  • Should both submit my sponsorship documents separately or just my father has to add those documents?
I remember reading somewhere that applications applied at the same time do not have to give multiple copies of the same document but unable to find this reference now.

Can anyone please share what I should be doing?

Thanks.

ILR.dot.dot.dot
Junior Member
Posts: 87
Joined: Thu Mar 21, 2013 1:44 pm

Re: Visit Visa - Appointment and Documents query

Post by ILR.dot.dot.dot » Sun Feb 16, 2020 8:13 pm

I have appointment in just a day and would really appreciate if someone can share their knowledge?

Thanks

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