Intended stay in UK

Intended stay in UK - Clock Tower and City Hall in London

I visited the UK on a Visitor Visa last year, My intended stay was 5 days and my Visa was issued for 6 months, for some reasons i changed my plan and i stayed for 3 months without breaking any of the regulations of the Standard Visitor Visa.

On 2020 I am applying for the Spouse Visa after matching all the requirements.

will the changes on the intended stay last year when I was on a Visit affect my spouse Visa application?



Best Answer

As a visitor to the UK, you are (almost) always admitted for 6 months, regardless of the length of stay which you apply for, or state at the border. However, it is usually a bad idea to drastically extend your stay beyond what you originally asked for. On future application for visits, you could face denial or tough questioning, which is perhaps why you're worried.

However, none of this matters for family visas. For a family visa, even periods of overstay (and you have not overstayed) are disregarded. Generally, refusals following a longer than asked for visit will fall under a failure to prove a genuine intention to visit, specifically paragraph 4.2(a) "The applicant [...] will leave the UK at the end of their visit", since if you stayed longer than you said once, they will likely believe that you will do it again.

But for a family visa, the grounds under which the entry clearance officer can deny you are much narrower. For a refusal on the basis of previous immigration run ins for a family visa, the applicant must have "aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process". Obviously, you haven't done any of this.

I imagine the three months that you spent in the UK will form a significant part of the story of your relationship with your partner, so it will be natural to explain it in the covering letter, and will in fact help demonstrate that you have a genuine relationship. And obviously, you must include this stay in the UK when disclosing your travel history on the application.

So, to reiterate, even if you had a previous overstay, it would not affect your family visa application. Staying longer in the UK than you had previously told UKVI that you would, within the limits of the leave you were granted does not even count as an overstay and will be of no concern to an ECO as long as all stays in the UK are properly disclosed in the application.




Pictures about "Intended stay in UK"

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Intended stay in UK - Green Grass Field and Mountains



How long do you intend to stay in the UK?

Re: Settlement Visa question - How long you intend to stay i On another forum the advice was to put 33 months as that is the length of the visa. If we get the visa, however, on entering the UK and completing the landing card, we would put '33 months' as, again, that is the length of the visa.

Who is eligible to stay in UK?

Eligibility CriteriaS. NoVarious visas/ Conditions of StayDuration of Stay1Marriage or unmarried partner to UK citizen2 years2Lawful stay on any basis (long stay)10 years3Unlawful stay14 years4Tier 1 and Tier 2 work permit5 years2 more rows

How can I prove my intention to leave the UK?

The main way to demonstrate a genuine intention to leave the UK at the end of the visit will be through demonstrating that an applicant has strong ties to another country and will therefore return to this country at the end of their visit to the UK.

What is lawful stay in UK?

Having lawful residence or lawful 'status' in the UK means that a person has a valid visa and permission to be in the country. Visas can be issued for a number of different reasons such as for work, study, family reunion and asylum. Different visas have certain restrictions and entitlements attached to them.



OVERSTAYING IN THE UK, HOW TO REGULARISE YOUR STAY IF YOU ARE IN THIS SITUATION




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