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Topic: Marry in Australia, Apply for Spousal Visa  (Read 1590 times)

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Re: Marry in Australia, Apply for Spousal Visa
« Reply #30 on: May 11, 2017, 04:38:06 PM »
This is a truly odd question and I have no clue what the answer might be.

If I stay on through August, I am overstepping my 6 months, which I know is more like a guideline than a rule and they can boot me whenever. If I am leaving in August and with days counted I will have overstayed by 11 days (I have left on 3 occasions to do film work in the US). But I know that's not the issue and it's that they decide whether or not I've been here too long. Is it INCREDIBLY STUPIDLY RISKY to stay until the festival, leave and apply for the visa? If so, obviously not gonna do it. Just want to know what the risk is. I'm sure the answer is "who knows?"
Met October 2015
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Re: Marry in Australia, Apply for Spousal Visa
« Reply #31 on: May 11, 2017, 04:54:49 PM »
This is a truly odd question and I have no clue what the answer might be.

If I stay on through August, I am overstepping my 6 months, which I know is more like a guideline than a rule and they can boot me whenever. If I am leaving in August and with days counted I will have overstayed by 11 days (I have left on 3 occasions to do film work in the US). But I know that's not the issue and it's that they decide whether or not I've been here too long. Is it INCREDIBLY STUPIDLY RISKY to stay until the festival, leave and apply for the visa? If so, obviously not gonna do it. Just want to know what the risk is. I'm sure the answer is "who knows?"

What date did you last enter the UK and what does the stamp in your passport say?

If you would be overstaying your visa stamp you received at the border, you'd be creating HUGE problems for yourself and risking all visa applications being considered straight forward as you will have an overstay on your record.  In other words, don't even consider overstaying by one hour.   :)

However, if you've left a few times and been restored on entry say in April for six months, you wouldn't be overstaying.


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #32 on: May 11, 2017, 05:03:57 PM »
UK Feb 1- Feb 11
US Feb 11-Feb 16
UK Feb 16-May 13
US May 13-May20
UK May 20- Jun 1
US Jun 2-Jun 10
UK Jun 11-Jun 31

AUS Aug 1-Aug 8
*TWILIGHT ZONE*
Met October 2015
Engaged May 7 2017
Will be married AUGUST 2017!!!!


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #33 on: May 11, 2017, 05:25:11 PM »
UK Feb 1- Feb 11
US Feb 11-Feb 16
UK Feb 16-May 13
US May 13-May20
UK May 20- Jun 1
US Jun 2-Jun 10
UK Jun 11-Jun 31

AUS Aug 1-Aug 8
*TWILIGHT ZONE*

Okay, you are confusing me as you have future dates.

If the border agent is satisfied that you are a genuine visitor and not attempting to live in the U.K. upon your re-entry from Australia, you are fine to stay until the date on your stamp (usually a six month stamp).

However, each time you leave the UK you are having to receive a new visa at the border.  You may find it'll get more and more difficult to enter (you may not).  The six months resets each time you enter.


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #34 on: May 11, 2017, 05:30:50 PM »
Correct, those are the future dates I will be leaving for filming. I have my tickets booked already. I was told that the 6 months didn't reset but that it was 6 out of 12, but that could have been from a very old post. Perhaps now it's that the 6 months reset? Perhaps I'll use these next two re-entries as tests to see if it is indeed becoming more difficult to visit or not.

Does this sound terrible?
"Border agent: what brings you to the UK?"
"I'm here to visit my fiance"
"Border agent: when was the last time you were in the UK?"
"A week ago to visit my fiance. I'm an actress in the states, and when I'm not filming, I take time to see him, or he'll come and see me depending on our schedules."

OR do I keep it more succinct:
"I'm here on a visit. I was here on a visit a week ago. I am an actress and like to come over when I'm not working on a film."

They say it's all about how you talk to them, and I talk too freaking much.
Met October 2015
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Will be married AUGUST 2017!!!!


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #35 on: May 11, 2017, 05:34:28 PM »
I wonder if it's worth it to apply for an official visitor visa? Doesn't that have multiple entries?
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #36 on: May 11, 2017, 05:36:45 PM »
I'm not sure. I can look on the gov website and see if they explain that. I know they frown upon it because they always suspect people trying to live and work here on a visitor visa.
Met October 2015
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Re: Marry in Australia, Apply for Spousal Visa
« Reply #37 on: May 11, 2017, 05:38:23 PM »
Basically, you only become an overstayer if you stay in the UK for more than 6 months continuously... without leaving the country, even once.

I.e. if you entered the UK on February 1st and you didn't leave AT ALL until after August 1st, you would become an illegal overstayer... as you would have been in the UK continuously for more than the 6 months you were allowed when you entered.

However, as long as you leave before the 6 months is up, you do not become an overstayer... so if you left on February 11th, you were only in the UK continuously for 10 days of those 6 months.

When you entered again on February 16th, you got another 6 months, and you stayed continuously for only 3 months of your 6 months.

When you enter again on May 20th, you will only be in the UK continuously for about 12 days of your 6 months.

However, the general rule of thumb is that you should spend at least the same amount of time OUTSIDE the UK as you did INSIDE the UK on your last trip. So, as you've just stayed for almost 3 months (Feb to May), you should really wait another 3 months before returning - so you ideally shouldn't come back until August anyway.

If you've just been here 3 months and then try to come back in again only a week later, you may find you get trouble at the border and the immigration officer might feel you are spending too much time in the UK (they can refuse you entry if they think you're spending too much time here).

Basically, each time you enter the UK, you 'apply' for another 6-month visitor visa. It's up to the immigration officer at the airport as to whether they allow you those 6 months or not - they can let you in for only 2 days if they decide to. Or if they think you've spent too much time in the UK in the last 12 months, they can refuse you entry and send you back to the US. This is not overstaying, it's a refusal of entry into the country.

There is no hard and fast 6 months in 12 months rule, and this is explicitly stated in the visitor visa rules:

Quote
Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work

You should check the applicant’s travel history: how long are they spending in the UK and how frequently are they returning? You must assess if they are, in effect, making the UK their main home.

You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country
• the purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK
• the links they have with their home country-consider especially any long term commitments and where the applicant is registered for tax purposes
• evidence the UK is their main place of residence, for example
o if they have registered with a general practitioner (GP)
o send their children to UK schools
• the history of previous applications, for example if the visitor has previously been refused under the family rules and subsequently wants to enter as a visitor you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK

There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application
« Last Edit: May 11, 2017, 05:39:56 PM by ksand24 »


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #38 on: May 11, 2017, 05:39:24 PM »
Ach, it takes 3 weeks to get a response and I'm only filming in the states for one week and I have to apply from the states. So I guess I'll gauge how they are upon my re-entries from these 2 films and make a decision about the festival in August.
Met October 2015
Engaged May 7 2017
Will be married AUGUST 2017!!!!


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #39 on: May 11, 2017, 05:44:32 PM »
Whewwwww, glad I read that before applying for an NHS number! Holy crap. I'm also helping my friend while she's on sabbatical taking care of her cats, so I have got to come back before the second film. Lord, this is scary as fuhhhh. I don't want to jeopardize my visa. I hope that proof of my return flight to the states 2 weeks after my re-entry is enough to satisfy them. They also can't even read the dates on my passport.
Met October 2015
Engaged May 7 2017
Will be married AUGUST 2017!!!!


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #40 on: May 11, 2017, 05:51:58 PM »
Ach, it takes 3 weeks to get a response and I'm only filming in the states for one week and I have to apply from the states. So I guess I'll gauge how they are upon my re-entries from these 2 films and make a decision about the festival in August.

Just be aware that if you are refused entry when you try to return to the UK, you are recommended to apply for a visitor visa before you attempt to enter the UK again in future... and as you've seen, I would allow around a month to apply for and receive a visitor visa, perhaps longer (the processing times on the UKVI website are 3 months out of date).


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #41 on: May 11, 2017, 05:56:28 PM »
Just be aware that if you are refused entry when you try to return to the UK, you are recommended to apply for a visitor visa before you attempt to enter the UK again in future... and as you've seen, I would allow around a month to apply for and receive a visitor visa, perhaps longer (the processing times on the UKVI website are 3 months out of date).

Could always pay extra at a premium center to get a faster response, right?
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #42 on: May 11, 2017, 06:05:17 PM »
Could always pay extra at a premium center to get a faster response, right?

You could, but it's expensive to do so.

The visa itself is only about £90, but the premium services range from $235 up to $1,645 extra.

There is the priority processing option as well though.


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #43 on: May 11, 2017, 06:05:56 PM »
I'm already going to be paying 6,000 pounds for our marriage, visa app, putting visa to head of the queue, flights, doctor check up, etc. I can't imagine going through a visitor's visa process right before we're going to do the spousal visa. I think I'll just call off the festival and get started on the visa.
Met October 2015
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Will be married AUGUST 2017!!!!


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Re: Marry in Australia, Apply for Spousal Visa
« Reply #44 on: May 11, 2017, 06:09:06 PM »
I'm already going to be paying 6,000 pounds for our marriage, visa app, putting visa to head of the queue, flights, doctor check up, etc. I can't imagine going through a visitor's visa process right before we're going to do the spousal visa. I think I'll just call off the festival and get started on the visa.

I think that's sensible. One less thing to worry about!  :)


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