Girlfriend permanently staying with me...

[richardholmes]

Hi,

I was recently travelling in America where I met a girl who has now come back with me with a 6 month visitor's visa in the the UK.

A couple of things I would like to know (apologies if these are in a different thread, if so please direct me to the relevant one).

1. She would like to stay longer than 6 months, do we really have to go through the long and drawn out process of marrying etc...

2. SHe would also like to work and possibly study...

Is there any way we can get her to stay longer?!?

Thanks in advance,
Rich

[Wanderer]

Hi,

I was recently travelling in America where I met a girl who has now come back with me with a 6 month visitor's visa in the the UK.

A couple of things I would like to know (apologies if these are in a different thread, if so please direct me to the relevant one).

1. She would like to stay longer than 6 months, do we really have to go through the long and drawn out process of marrying etc...

2. SHe would also like to work and possibly study...

Is there any way we can get her to stay longer?!?

Thanks in advance,
Rich

1. Yes, Work Permit or HSMP visa if she has relevant in-demand hard to find skills etc

2. Work as above, Student visa possible, expensive tho - Uni course fees average about 10k pa, she can work on this visa - 20 hrs a week during term time.

As far as I know with almost every option she'd have to return to USA and apply for EC under the terms for her new visa/permit.

HTH

Steve

[Jeff Albright]

Rich

She can leave for the US for one day and then return and get another visa at the airport for another 6 months.

Yes, this will have to continue until you both decide on whether to get married or stay as unmarried couples. In the latter case, after you have lived together for 2 years you will be classed as unmarried partners, which will entitle her for a visa leading to settlement in the UK. Even if you decide to get married before the 2 years are up, you will still have to live together for some time to generate evidence that you intend to live together permanently, which will be required by the UK Immigration Authorities before she is approved for a spouse visa.

All the best!

[ppron747]

The last person I heard of who tried this ploy was rumbled by immigration on her first return to UK and not even allowed in for long enough to pack up her belongings... This was around Easter this year.

[RobinLondon]

And whatever you do, don't have her lie to an immigration officer either. I think there was a prior thread on here about that. Some guy/gal was doing something similar with his/her partner but told the IO that he/she was just visiting a friend, when that definitely wasn't the case. Not only was the person booted, but the fact that lying had occurred went down in the person's immigration file making for all sorts of trouble.

I recently read somewhere that the largest group of overstayers in this country are not Somalis, Albanians or what-have-you, but Americans (or was it Australians?) who have overstayed their six-month tourist visas. Once I find the source, if I can remember where I read it, I will post it.

[Jeff Albright]

There is certainly some nice and helpful advice going round here...

What overstayers?! How this would tie up with the author's situation?

[Christophe]

There is certainly some nice and helpful advice going round here...

What overstayers?! How this would tie up with the author's situation?

I think the point of the posts was simply that it shouldn't be assumed that an American (or indeed anyone who can get six months entry to the UK as a visitor without a visa) can simply come to the UK as a visitor, leave when their six months is up, return very shortly thereafter, and keep doing that. This appeared to be what was suggested above - but immigration officers have a high index of suspicion about this sort of behaviour.

[ilm]

Jeff wrote

Even if you decide to get married before the 2 years are up, you will still have to live together for some time to generate evidence that you intend to live together permanently, which will be required by the UK Immigration Authorities before she is approved for a spouse visa.

I certainly agree that ,for a spouses settlment visa, evidence is required to show, 'you both intend to live together permanently as husband and wife' but living together before the marriage is not a prerequisite for this type of visa and is not the only way to prove the marriage is subsistent.

Marriage needn't be a long drawn out process. Most cases on this board are over complicated by overstaying. Don't get married just to get a visa but if your girlfriend can't get a work permit/HSMP/student visa etc. a marriage or fiance visa may be your only option if you want her to stay in the UK.

[L_E_O]

Even if you decide to get married before the 2 years are up, you will still have to live together for some time to generate evidence that you intend to live together permanently, which will be required by the UK Immigration Authorities before she is approved for a spouse visa.

This is not true in the case of applying for the first spousal visa, FLR(M). However, it is true in the case of applying for ILR once FLR is about to expire. Very, very few couples would get a UK spousal visa if they had to prove they'd been living together!

[RobinLondon]

There is certainly some nice and helpful advice going round here...

What overstayers?! How this would tie up with the author's situation?

I think the point of the posts was simply that it shouldn't be assumed that an American (or indeed anyone who can get six months entry to the UK as a visitor without a visa) can simply come to the UK as a visitor, leave when their six months is up, return very shortly thereafter, and keep doing that. This appeared to be what was suggested above - but immigration officers have a high index of suspicion about this sort of behaviour.

Christophe was right. Perhaps my use of "overstayers" was the wrong word. What I meant to imply is that a six-month tourist stamp is simply that, a six-month tourist stamp. IOs are becoming much more savvy to those who try to skirt or bend the rules, for whatever reason.

[Jeff Albright]

You know what, people, I cannot see you talking straight to the point.
Non-visa national can stay in the UK on the visitors entry stamp for not more than for 6 months ON A SINGLE visit. Before the expiry of her visa she leaves the UK for one, two, five, ten, hundred days, then returns and gets another 6 months visitors stamp on arrival and stays another 6 months.
She could also ask for 1 - 2 - 5 year visitors stamp after she has visited the UK several times but still cannot stay for longer than 6 months ON A SINGLE visit.
It is written on the UK Visas website clearly and concisely.
What overstayers, what bending of the rules are we discussing here and where has that topic come from??

[Wanderer]

You know what, people, I cannot see you talking straight to the point.
Non-visa national can stay in the UK on the visitors entry stamp for not more than for 6 months ON A SINGLE visit. Before the expiry of her visa she leaves the UK for one, two, five, ten, hundred days, then returns and gets another 6 months visitors stamp on arrival and stays another 6 months.
She could also ask for 1 - 2 - 5 year visitors stamp after she has visited the UK several times but still cannot stay for longer than 6 months ON A SINGLE visit.
It is written on the UK Visas website clearly and concisely.
What overstayers, what bending of the rules are we discussing here and where has that topic come from??

I think it's the treatment of the visitor visa (or waiver in case of US Citizens') as effectivley a settlement visa thats the issue here. I have heard of the unwritten rule that you should only use a six month VV (or waiver) once a year, but I've never seen it officially.

I can confirm what others have said here, my UK friend is married to a US citizen, and they live in USA. They visit here several times a year and she is stopped and questioned nearly everytime, I know cos I was picking them up and had to wait!

Seems the ECO suspected her of living here, not visiting.

Not worth the risk of a blot on your immigration record if you ask me.

Steve

[Dawie]

Non-visa national can stay in the UK on the visitors entry stamp for not more than for 6 months ON A SINGLE visit. Before the expiry of her visa she leaves the UK for one, two, five, ten, hundred days, then returns and gets another 6 months visitors stamp on arrival and stays another 6 months.

As many mentioned before me, it just doesn't work like that in reality. If you leave the UK and try to reenter a few days later without a valid reason (such as including a side-trip to the continent), you WILL arouse suspicion, whether you are a non-visa national or not. This is especially true if you are close the end of the 6 month period. Immigration officers may be many things, but stupid they are not.

She could also ask for 1 - 2 - 5 year visitors stamp after she has visited the UK several times but still cannot stay for longer than 6 months ON A SINGLE visit.

What planet are you on? There is no such thing. You are confusing this with entry clearence for 1, 2 or 5 years. A UK entry stamp will only ever show leave to enter for a maximum of 6 months. Less if you are unlucky, but never more.

[ppron747]

....She could also ask for 1 - 2 - 5 year visitors stamp after she has visited the UK several times but still cannot stay for longer than 6 months ON A SINGLE visit.
It is written on the UK Visas website clearly and concisely.

This is for visa nationals - ie people whose citizenship means that they need a visa to visit UK. It is to save visa nationals who are regular visitors from having to reapply every time. It would not be appropriate for a US citizen, who doesn't need a visa for a visit.

[Christophe]

Non-visa national can stay in the UK on the visitors entry stamp for not more than for 6 months ON A SINGLE visit. Before the expiry of her visa she leaves the UK for one, two, five, ten, hundred days, then returns and gets another 6 months visitors stamp on arrival and stays another 6 months.

That is true. But it also true that the person requires leave to enter on each new occasion, and leave (i.e. permission) can be withheld by the immigration officer at the port of entry, and it will be withheld if the immigration officer forms the opinion that the passport holder is in effect living in the UK while having serial permissions to stay as a visitor for 6 months (or whatever) at a time. Of course, it is possible for someone to try doing this, but it is highly inadvisable - because, apart from anything else, it can lead to problems in coming the UK in the future. It is also illegal, and foolish, to lie to an immigration officer.

[Jeff Albright]

Ah, whatever...
There is still no sensible advice to the author's question.
Perhaps they should stay 6 months in the UK and then stay another 6 months in the US. Then start again and so on until they decide to get married and then settle in either country.

[L_E_O]

<snip>Perhaps they should stay 6 months in the UK and then stay another 6 months in the US. Then start again and so on until they decide to get married and then settle in either country.

Can't do that, the UK half of the couple would only be allowed to enter the US as a visitor for 90 days.

Basically, these are your next steps:

1. Girlfriend goes back to the States before her visa expires - unless she wants to explain her overstay when she next needs a visa.

2. The two of you decide if you're ready to get married.

If you are ready to get married, you can either apply for a fiancee visa, which will give you six months to get married in the UK or you go to the States, get married and apply for a spousal visa (LLR (M)) for your girlfriend through a consulate in New York, Chicago or LA (which consulate she uses depends on where she lives).

If you are not ready to get married, your girlfriend can try applying for a place at a UK university and then a student visa. That would allow her to work 20 hours during term time and full time during holidays. However, overseas student tuition is very expensive (around £10k per year) so

If your girlfriend has trained in a shortage occupation or finds an employer over here willing to sponsor her she shouldn't have any trouble getting a work permit. Similarly, if she is considered 'highly skilled' she could apply for an HSMP visa.