henrywiwi

Thanks this is closed

christmasoompa

It's not, only a mod can do that, but we can if you'd like. Sounds like you could do with some very sage advice from our forum members though, so are you sure you don't want to avail yourself of it? People like BritinParis are so knowledgeable and helpful.

If not then just let us know and we can close it for you.

henrywiwi

Hi Please I wanted to open a new thread. This is the first time I write a forum requesting some advise.

mikelincs

Please just ask your question here, people will try their best to answer if you give the full details.

henrywiwi

Hi, I am a Malaysian and would like to apply for a UK spouse visa to join my partner in UK. We married since March 2017. I travelled to UK in mid June and stay for 2 months and 2 week. Then we went to Rome, Italy for our honeymoon for a long weekend. After that we back again to UK and I extend my stay to another 4 months 1 week until beginning of January 2018 for celebrating her birthday, Christmas and New Year.

Now I am planning to apply spouse visa at dated 8th March via priority service. Is it OK? Now the total I stayed in UK is 6 months and 3 weeks in a year will there be an issue to apply my visa.?

FYI. I am Malaysian passport holder and is visa free up to 6 months. Each visit to UK, I received the stay up to 6 months.

Can you please advise.

Thanks.

Pulaski

You cannot apply for a spouse visa from within the UK. You will need to return to your home in Malaysia and apply from there. Whether or not you have overstayed, there is no way for you to obtain a spouse visa without leaving the UK to do so.

BritInParis

No, you won't have an issue.

DaveLovesDee

So far, you say you've been a visitor to the UK for 6 months and 3 weeks. Have you now left the UK?

As I understand it, you are allowed to visit the UK for up to 6 months in any 12-month period. I also believe that as long as you leave no more than 28 days after the expiry date of any visa (including as a visitor), it's unlikely it will affect a future application (but as with everything the Home Office does, this may change). If you overstay more than 28 days and the Homer Office find out, it can be a 10yr ban.

Up to 6 months. Minus any previous length of stay in the UK withing the previous 12 months.

BritInParis

That's not quite correct. The OP can apply for Leave to Enter as a visitor for up to six months every time he enters the UK. As a rule of thumb he may not be given Leave to Enter for the full six months or refuse entry altogether if the total time he has or plans to spend in the UK totals more than six months in any twelve month as he is less likely to be considered a genuine visitor if he is spending the majority of his time in the UK. Whether to grant Leave to Enter or not is at the discretion of the Immigration Officer.

He has been given Leave to Enter as a visitor for six months each time he has entered the UK and he has left before those six months are up then he's done nothing untoward.

BritInParis

That's correct but I don't think the OP is in the UK.

DaveLovesDee

Thanks BiP!

henrywiwi

Thanks everyone for the advise. Yes I am in my home country now and applying here.

Thanks BIP. So the 6 months out of 1 year not relevant now? I heard a lot of people mentioned but never see this rule even check at the government website.


Should I list down all my trips in my cover letter? Should we write cover letter for each of us?

BritInParis

No, because you never overstayed.

Cover letters are a good idea although not mandatory. From memory you'll need to provide your travel history on the application form.

henrywiwi

Thank you BIP. Hopefully my application is success.

Thanks again.

AG_222

henrywiwi, let us know your update pls.