Question re visitor visa

Hey, UK Yankee. I am British, but my girlfriend is American. She came over for a short visit in April, but I couldn’t bear to see her go so soon and I understood we had 6 months for her visit. So, she has ended up staying until she’s been here nearly 6 months and will be leaving in October. We have decided that we want to get married sometime early in the next year in the USA.

Her family’s big holiday is Thanksgiving, so I was going to go over to the states for that. But, we were also hoping she could come here for 2 weeks over Christmas/New Year as it is a big deal for our family here.

I understand from reading on here that UKBA operate as a rule of thumb as a ‘time in = time out’ policy, so that would mean she would not be able to be back until next April, by which time we may very well be married anyway. 

However, I have also seen mention of a way to apply for a visitor visa BEFORE she travels here, so we are considering doing this, but I would like some input from you guys first.

1.   I assume there is a fee? If so, any idea how much and where I can get further info on how to go about it?

2.   Is it very likely or unlikely that she would be approved for a visit, given she has been here for 6 months (April – October)?

3.   Most Importantly… if it is declined, would that negatively impact her spousal visa application after we are married?

We really want to spend Christmas together here but just want to do everything the right way and would never want to jeopardize our future together. So, please help us with any advice or input as to our situation. Thank you in advance!!

She should definitely apply in advance as she would likely not be successful entering without an advance visa.

Yes, there is a fee, it's around £80.

It will be approved if she proves strong ties back to the US.  For example, a job she must return to, a home she will continue to maintain while here, plenty of money to support herself while here, etc. 

I would think if the visit is only 2 weeks you will be successful even though she has already had six months in 12 months here.

A refusal would have little impact on a spousal visa.  It would make the processing time a bit longer. 

When she was here for 6 months did she work or use the NHS?  That could impact your application.

Thank you so much for your response KFDancer.

Thats great news, but the only issue is that she hasn't got particular strong ties to the US... she has been here for almost six months and will nanny for her nephews when she goes back to the US up to the time we wed and she is to start her life here properly, and she lives with her family there.  We don't even have wedding stuff set in stone so we can't use evidence of that either.  Would it be enough to state her intentions to return to the USA to marry and then to later apply for a spousal visa, and demonstrate knowledge of the legalities of this?  Could I demonstrate that she would have plenty of money when here as a sponsor and that she would be staying with me? Or transfer money to her account so she can demonstrate she has it?  Any advice on this would be massively appreciated.

And no, we looked into carefully what she was and wasn't permitted to do whilst here so she has not used the NHS at all or undertaken any form of work.

Thanks again!

In general, you can visit the UK for 6 months out of 12.  It's always at the discretion of the IO at the airport or an ECO if you apply for a visa in advance.  I'd say it's 50/50 whether she'd be granted a visa.  Without strong ties to the US and the fact that she already spent 6 months in the UK her chances decrease.   They are on the lookout for those trying to live in the UK without a proper visa.  If refused, any future visas will take longer to process and she won't be able to use the premium in person service for future visas.

Do you know where we can get the application for a visa for her to visit over Christmas? Is there a link or something?

If you google UK visitor visa you should be able to find a link.

https://www.gov.uk/general-visit-visa

Hey, just wanted to give you an insight to my own personal experience.  I am an American girl, now married to a English guy.

The following are dates I traveled to England, along with how long I stayed:

September 2011- 1 week
December 2011 to June 2012(6 months)
December 2012- 2 weeks
August 2013 to February 2014 (6 months)

I was in England twice for short holidays, and twice for 6-month stays.  Both times I stayed I did not get a visitor visa ahead of time.  Just the 6-month 'leave to remain' stamp they give you at the UK border.

And I just received my spouse visa.  We were married in May 2014, applied for our visa (priority) at the end of August and it took 3 weeks to get approved.


Obviously if you feel more comfortable getting a visitor visa ahead of time, then do that!  Just wanted to let you know my experience WITHOUT a paid-for visitor visa.

OH, I also traveled back to England in June 2014 and stayed for 2 months!
Forgot to add that date to the list.