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Emergency extension?

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iknownothing
Newbie
Posts: 30
Joined: Tue Oct 18, 2011 5:45 pm

Emergency extension?

Post by iknownothing » Fri Oct 28, 2011 11:13 am

Hi,
my Thai girlfriend is here for 6 months on a visit visa.
It will expire on Nov 26th. There are massive floods there and her home town is flooded. I don't know where she will be able to live when she returns. Is it possible to apply for an extension based on the emergency in Thailand. In another month the main airport might not even be operating?

What can I do?

p.s. I am actually awaiting an EEA application for her to gain residence in the UK. So her passport is in Liverpool right now. My passport is there too as her EEA family. I have dual citizenship. UK and Ireland.

Thank you
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 28, 2011 11:35 am

You are asking if she can do anything to extend her stay but then go to say that she has already done something to extend her stay: she has made an application under EEA rules as a family member. If she is not married to you or has been living in durable relationship akin to marriage for two years, then that application will be refused.
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iknownothing
Newbie
Posts: 30
Joined: Tue Oct 18, 2011 5:45 pm

Post by iknownothing » Fri Oct 28, 2011 5:29 pm

yes I understand the requirements of the EEA2 but if that were not to be granted I wanted to know if an emergency extension can be granted for visitors in special circumstances?
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Fri Oct 28, 2011 5:54 pm

Usually no, an extension would not be granted but, similar to the situation with Libya now and that of Japan earlier this year, the FCO/UKBA sometimes, when necessary, issue statements to say that people who are trapped in the UK and can't travel will not be treated as overstayers if they remain beyond their leave due to an unavoidable delay. However, you can't simply assume this and remain where no official notification has been emitted.

Aside from this, even in the unlikely event that the flooding is still a problem a month from now, her situation with regard to Thailand is a matter for the Thai authorities and on whom she must rely. I fear that any attempt to apply for LTR under the UK rules following an inappropriate application to reside in the UK under EEA rules may perhaps be viewed as a vexatious or frivolous application.
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iknownothing
Newbie
Posts: 30
Joined: Tue Oct 18, 2011 5:45 pm

Post by iknownothing » Wed Nov 02, 2011 2:49 pm

Thanks
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