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My girlfriend has been studying in Europe, while I have been back home studying in the UK.

She received a standard visitor visa initially, and has entered the UK three times, for a total of approximately 3 weeks.

As her studies are finishing in Sweden, will she be able to reapply for another visitors visa straight away?

I have heard conflicting advice, with some thinking that a new visa can only be awarded one year after an initial application. In other words, can you have only one six-month window every year?

Dani HM
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1 Answers1

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There's no restriction on the frequency of visitors visas per se. In other words, there's no restriction on the "window," as you say. The major restriction is on the amount of time actually spent in the UK: such a visa cannot be used to establish oneself there. Your girlfriend is very distant indeed from running afoul of that restriction, since she has spent only about three weeks in the UK.

There is nothing in the rules prohibiting six such visits over the course of the year, and there is nothing preventing her from applying for a new visa and using it just as she has used the one she now has.

Problems may arise, however, because of her change in circumstances. That is, she is finishing her studies, so her ties to places outside the UK are weakening. She may therefore have more difficulty convincing a visa officer that she plans to leave the UK after a short visit, despite the fact that she has complied with this requirement in the past.

If she will be moving to and establishing herself in a new place, for example, if she has a nice job lined up somewhere, this is far less likely to be a problem. But if she cannot articulate a clear plan for her life that includes establishing herself outside the UK, there is a very real possibility that her visitor's visa may be refused.

In a comment, you asked

Can anyone elaborate on what evidence would be accepted to prove her intentions to return to her home country?

If you haven't already done so, you may want to refer to the guidance. You should read this as much as you can with the point of view of an entry clearance officer evaluating the visa application. Remember that these officers are required by law to start with a presumption that the applicant intends to immigrate to the UK, leaving the burden of proof on the applicant.

The guidance speaks of personal and economic ties. Since your girlfriend does not have a job, the latter will be difficult, but if she leases a place to live when she returns, this might work in her favor. If she plans to live with family, on the other hand, this will be relatively weaker evidence because it is the kind of thing that one can lie about very easily.

Finally, as I mentioned in a comment, if you can afford a lawyer, you will be well advised to avail yourself of one. They have much more familiarity with the practical realities of visa applications than internet amateurs such as myself could have.

phoog
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    @DaniHM please consider upvoting and accepting this answer. (If a better answer comes along later, you can accept that one instead.) – phoog May 14 '17 at 20:17
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    +1, very nice! @DaniHM please be courteous and use the check mark to accept this answer, many thanks – Gayot Fow May 14 '17 at 20:23
  • Can anyone elaborate on what evidence would be accepted to prove her intentions to return to her home country ? – Dani HM May 14 '17 at 20:44
  • @DaniHM there are several related questions on the site. Look in the "related" column on the right. The specific answer in your girlfriend's case will depend on what she plans to do after finishing her studies. – phoog May 14 '17 at 20:46
  • @DaniHM you can read https://travel.stackexchange.com/questions/66104/should-i-submit-bank-statements-when-applying-for-a-uk-visa-what-do-they-say-ab/66105#66105 to get some ideas – Gayot Fow May 15 '17 at 05:00
  • @GayotFow very useful, much appreciated. – Dani HM May 15 '17 at 18:21
  • @phoog she will return to Vietnam to utilize her masters degree, as due to working restrictions, it would be impossible in the UK. The issue is how can she prove it? As she has been studying abroad, she has no formal job offer, as unfortunately, things don't work like that in her country. Anyway, thank you again for your response. – Dani HM May 15 '17 at 18:23
  • @DaniHM indeed, that is the issue. I wish you luck. As Gayot Fow often notes, UK immigration lawyers are expensive, but if you have the means to do so it would certainly be worthwhile to approach one. You might also consider meeting in another country if her application is refused. This will also be more expensive than her visiting you, but it may be feasible if you want to continue to see each other for shorter visits as you have in the past. – phoog May 15 '17 at 18:39