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Family Visit visa extension

Discussion in 'UK Visa and Immigration Help' started by yorkiemum, Oct 13, 2013.

  1. yorkiemum
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    yorkiemum New Member

    Would appreciate any info/advice on Family Visit visa extension. I have a multiple entry visa but I understand that you can only stay 6 months at a time. I'm married to a UK citizen, we have 2 kids both has British passports. I have family here, my mum and my three sisters who all has British passports. My husband is based abroad and work circumstances has forced us to make a last minute decision to get the kids to UK to attend school. Kids and I are living in our own house in UK. I can't leave the kids nor would like to disrupt the kids' school to do exit/entry and I don't want to risk not being able to enter.

    Getting really stressed and depressed :( with this hanging over my head. Thanks for any help.
  2. KeithAngel
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    KeithAngel 2063 Lifetime Member

    When you say your husband is based abroad where exactly and from what country does his employer come?:like:
  3. yorkiemum
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    yorkiemum New Member

    He is still based in Bangkok,Thailand where we've all been living for 3 years until our kids finished school. He is working with an Australian company.
  4. Mystica
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    Mystica Active Member

    Well then! you can travel back and fort to Thailand without going to any part of Europe and getting a Schengen visa. Thailand is one of the country, filipino can travel freely. :D But it's quite far, that's why I told you about Kosovo because it's part of Europe.

    An dami ko sagot dun ha! :drama:
    And yet your hubby is in Thailand! :frust:
    Last edited: Oct 14, 2013
  5. Micawber
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    Micawber Renowned Lifetime Member

    Sorry to learn about your difficulties. You must resolve this problem legally and correctly.

    Unfortunately as the holder of a Family Visit Visa you CANNOT extend your visa validity beyond 6 months. Period

    As the holder of a visa with validity 6 months or less you are NOT eligible for a Schenghen Visa outside of your country of lawful residence. Period

    Additionally you should NOT consider entering Kosovo with a view to returning to UK. You are not legally resident in Kosovo and would not be eligible for either any kind of UK entry visa nor any Schengen Visa. Period

    As a visitor to UK you are allowed a maximum period of 6 months stay in any 12 month period. Could be a single stay of 6 months or say 3 visits of 2 months.

    Remember also that as the holder of a visit visa your access to free NHS treatment is very restrictive. Although the NHS do treat emergencies, you are eventually liable for some potentially hefty bills.

    The best options open to you are:-

    a) Legally return to your home country and apply for a spouse visa
    b) Apply to remain in UK under Article 8 of the European Convention on Human Rights:Right of Private & Family life

    If you believe your best strategy is under b). then you must seek early advice and consulation with a UK registered immigration advisor who is experienced with Article 8 cases

    Hope this reply will help you in deciding which direction to best take.

    Depending on the circumstances of employment of your spouse (location and contract), you could find that UKBA will not consider him to be 'present and settled' in UK and as such an application for Spouse Visa under a) above would fall for refusal. You would be well advised to seek advice on this aspect also.

    The OISC (Office of the Immigration Services Commissioner) has a responsibility for the regulation of Immigration Advisers.
    They make sure that the advisor is a fit and competent professional who can act in your best interests.

    Do make sure the advisor you choose is a member and is experienced. Try to find one by the recommendation of others.
    Also do be sure that whoever you take on has experience with similar application cases to yours.

    There's a lot of people out there just waiting for your money. There are no short cuts or guarantees for a visa

    Don't be taken in by claims of success rates. This is meaningless.

    Here's the OISC main webpage
    Last edited: Oct 14, 2013
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  6. Mystica
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    Mystica Active Member

    Micawber, she mentioned she has multiple visa!
    My friend who is now living and working in Oman, is married to British for more than 20 years now. She only have 10 years multiple visa every time because she cannot get a spouse visa due to her husband claiming incapacity benefits. She used to enter UK back and fort as she has to take care of her husband from Peterborough for 4 years Year 2000-2004. She just travel for a week then back again to UK. When her husband got better, she decided to go back and work in Oman where she originally met her husband, but she still renew her visa to go back and see her husband every opportunity she has.
    Last edited: Oct 14, 2013
  7. Micawber
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    Micawber Renowned Lifetime Member

    I cannot comment on the details behind the case you mention.

    I can only give ideas and information pointing to the appropriate directions to best guide the OP who has declared a wish to avoid the disruption of exits/entry
    Means the OP wishes to explore legal options to remain here in UK

    In terms of minimising risks that may jeopardise future immigration status of we should firstly review what UKBA state:-
    But then UKBA go on to state in their staff guidance that:-

    It appears to me, that on the face of it, application for Discretionary Leave to remain in the UK should be made.
    This essentially means a request to the Secretary of State to exercise discretion in their favour so that they may remain in the UK.

    Such requests are often made based around Article 8 of the Human Rights Act 1998
    Applications made under the cicumstances outlined are highly technical and specialised and, in my opinion, are best supported through an experienced immigration advisor.

    I stand by my earlier reply in that if the OP is unable to secure a spouse visa under current immigration rules, then exploration through an accredited advisor of an Article 8 application should be considered.

    It's also considered important by accredited advisors to be present in UK when application is made an prior to the expiration of current visa validity.
    Last edited: Oct 15, 2013
  8. Mystica
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    Mystica Active Member

    I believe you! My friend must be that lucky to come in and out to spend time with her husband at the time when he was ill. She said she just renew her multiple visa again. But the thing is, they both agreed and don't have an intention to settle in the UK. He is just waiting for his retirement and they are planning to live in the Philippines.
  9. yorkiemum
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    yorkiemum New Member

    Thank you guys for taking the time to reply to my post and giving me advice. Can anyone recommend a good (and trustworthy) immigration advisor?
  10. Mystica
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    Mystica Active Member

    In my opinion, I think you are already in the right place! Micawber advise is a great contribution to this forum, when it comes to official information with immigration and various government rules in the UK. If he gives you advise, you just have to follow the proper procedure, you are not likely to face problems in the future.

    Be careful with the immigration consultants, you might bump in to one of these;
    http://www.gmanetwork.com/news/stor...guide-green-cards-revoked-because-of-fake-job
    According to this couple, upon arriving in the US, the couple went to an immigration consultant (rather than an attorney) for advice, assistance, and representation. The consultant told them he had several staffing agencies and promised them that, for a hefty fee, one of his staffing agencies could petition them for an employment-based green card. What's more, they did not even have to work for the petitioner!...
  11. yorkiemum
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    yorkiemum New Member

    Just want to say thank you to those who gave advice. We followed the Article 8 route and got a solicitor to help us through the very complicated case. It took us 3 months but we got through and I got my residence visa and our family can now get on with our lives. If anyone ever happens to be in similar situation just drop me a line... x
  12. Anon220806
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    Anon220806 Well-Known Member

    Great news!

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