Cooling off period for family visitor visa

[3sppandey]

Hello

If my parents get 5 year family visitor visa to UK, what is the cooling off period for visiting again after a visit..? for example if they stayed for 3 months with us in UK and went back to their country of residence...how soon can they come back again..?

Thanks in advance

[Wanderer]

The general rule is 6 months in every 12 but be mindful of the 'genuine visitor' proviso as spending 50% of one time abroad isn't 'visiting'.

[kiru4u]

Hi,

My mom has got 2 year long term visitor visa valid till Feb 2017. She came to UK in March and would be going back in September 2015. So does that mean she can visit us in March 2016??? Or can she come a bit early like in Jan or Feb.

Thanks,
Regards,
Kiru

[3sppandey]

This is still confusing..as a friend of mine, whose parents have a 5 year family visitor visa...says that his parents usually stay 8-10 months in a year in uk and have never been questioned at immigration. He says that as long as they leave uk once in 6 months its ok...they usually go for a holiday in EU for the weeked and the clock resets for them..!! do you recon that they will have problem when they do for renewal..?? they have already spent almost 5 years like this and are due for renewal soon sometime

[cs95tdg]

I'm not sure whether this is the latest guidance that has been published, but read the following which may help those seeking clarity around this topic.
https://www.gov.uk/government/publicati ... eral-vat01

5. VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence...

[Wanderer]

This is still confusing..as a friend of mine, whose parents have a 5 year family visitor visa...says that his parents usually stay 8-10 months in a year in uk and have never been questioned at immigration. He says that as long as they leave uk once in 6 months its ok...they usually go for a holiday in EU for the weeked and the clock resets for them..!! do you recon that they will have problem when they do for renewal..?? they have already spent almost 5 years like this and are due for renewal soon sometime

You have to ask what will happen on renewal, will their previous entry/exits be checked? I've no idea but I'd 100% certainly say they are not genuine visitors and are de facto habitually resident.

[3sppandey]

As usual the UKBA has given a vague guidance so they can do as they please on a case by case basis..!! thanks all for your help.

[kiru4u]

Thanks for the help guys!!!!