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'Cooling off period' visit visa application for mother

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pillaipraveen
Newly Registered
Posts: 22
Joined: Thu Jun 07, 2012 11:51 pm
Location: Cambridge, UK

'Cooling off period' visit visa application for mother

Post by pillaipraveen » Mon Aug 24, 2015 12:19 pm

Hi,
I am on a Tier 2 general visa. My mother (nationality - India) arrived in the UK on 8th May 2015 and will be leaving on 10th September. She is keen to travel back to UK whenever it's possible since she wants be with her grandson. Her current visit visa to UK will expire on 24th September.
I looked on the UKVI/BA website and cannot find a wait period before applying for another visa. I don't want to risk a rejection and hence it will be great if anyone could please let me know how the visa officer would normally consider a back to back visit visa application.
Thank you very much in advance.
Kind Regards,
Praveen.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: 'Cooling off period' visit visa application for mother

Post by Wanderer » Mon Aug 24, 2015 12:25 pm

Normal rule of thumb is six months in every twelve, not set down in the rules but one used in the trenches, but the supreme test is 'genuine visitor', i.e. is it a visit, or effectively part-time residence?
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Posts: 11124
Joined: Thu Feb 21, 2013 9:29 pm

Re: 'Cooling off period' visit visa application for mother

Post by secret.simon » Mon Aug 24, 2015 3:20 pm

Wanderer wrote:Normal rule of thumb is six months in every twelve, not set down in the rules but one used in the trenches, but the supreme test is 'genuine visitor', i.e. is it a visit, or effectively part-time residence?
+1

There is no rule set in stone, but the visitor (your mother) must be able to prove that she has such strong links to her country of residence that she will return at the end of six months. One possible demonstration of such "strong links" is that she spends more time in her country of residence as opposed to the UK, hence Wanderer's advice of waiting at least six months.

If it appears to either the ECO (Entry Clearance Officer, who stamps the visa) or the IO (Immigration Officer at the airport) that she is staying in the UK under the guise of a visit visa, they have the authority to either not issue a visa or to revoke the visa at the airport and send her back by the next flight. That will also stay on her record and will make it very difficult to get a subsequent visit visa. So, when you really want her to come, for instance if you were to have another child, she may get rejected.

If she wishes to meet her grandson so often, it may be worth considering sending him to her country of residence for the duration of the school holidays (July to September) rather than the other way round.

pillaipraveen
Newly Registered
Posts: 22
Joined: Thu Jun 07, 2012 11:51 pm
Location: Cambridge, UK

Re: 'Cooling off period' visit visa application for mother

Post by pillaipraveen » Tue Aug 25, 2015 2:55 pm

Thank you for the response. All these makes sense. The tie that she has with India and possibly what make this clear to the immigration officer that she is not planning to be a UK resident is that my dad will be in India while she is here and all their properties, savings etc are in India.
What might make it difficult for her to get a visa is the possible impression that my mother is coming here to take care of our baby. We can possibly tell the immigration officer that this is not the case since my wife is on maternity leave until April next year.
And on 'secret.simon's' comment, we will be more than happy to send our son to India to spend time with his grandparents when he is a certain age. Our son was born in June this year and he doesn't even have an Indian passport to travel. And also we don't want to part with our son at this stage.
Thank you once again for your response. I will possibly wait for another six months before I invite my mother again just to avoid risking all these issues of visa refusal, refusal of entry clearance etc.

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