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Tourist visa query

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hiteshtuteja
Newbie
Posts: 39
Joined: Fri Dec 28, 2012 12:17 pm

Tourist visa query

Post by hiteshtuteja » Sat Nov 17, 2018 4:02 pm

My mum has a 2 year tourist visa that is valid until 20th April 2019. She hasn't been here since August 2018 (was here for 3 months). She now plans to come over around 10th April 2019 and stay until end of May 2019. Will it be possible to apply for a new visa while her existing visa is still valid to ensure her stay beyond 20th April is covered?

secret.simon
Moderator
Posts: 11133
Joined: Thu Feb 21, 2013 9:29 pm

Re: Tourist visa query

Post by secret.simon » Sat Nov 17, 2018 4:14 pm

To the visa officer, it will look like she is trying to reside in the UK in the guise of a visit visa, something expressly forbidden in the Immigration Rules.
Rule 4.2 of Appendix V of the Immigration Rules wrote:4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
...
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
Get her to come now and leave before her visa expires.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

hiteshtuteja
Newbie
Posts: 39
Joined: Fri Dec 28, 2012 12:17 pm

Re: Tourist visa query

Post by hiteshtuteja » Sat Nov 17, 2018 4:49 pm

She is already in India and would have been there for 8 months before she travels to the UK. As I said in my post, she left UK in August 2018 and plans to be here in mid April 2019.

hiteshtuteja
Newbie
Posts: 39
Joined: Fri Dec 28, 2012 12:17 pm

Re: Tourist visa query

Post by hiteshtuteja » Sat Nov 17, 2018 6:20 pm

secret.simon wrote:
Sat Nov 17, 2018 4:14 pm
To the visa officer, it will look like she is trying to reside in the UK in the guise of a visit visa, something expressly forbidden in the Immigration Rules.
Rule 4.2 of Appendix V of the Immigration Rules wrote:4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
...
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
Get her to come now and leave before her visa expires.
She is already in India and would have been there for 8 months before she travels to the UK. As I said in my post, she left UK in August 2018 and plans to be here in mid April 2019.

secret.simon
Moderator
Posts: 11133
Joined: Thu Feb 21, 2013 9:29 pm

Re: Tourist visa query

Post by secret.simon » Sat Nov 17, 2018 9:29 pm

Think about it from a British Entry Clearance Officer's point of view. Your mother has only just left the UK a few months ago. Why would she need to return so soon? It will not look like a visit, it will look like she is attempting to reside in the UK.

She is free to apply, but the pattern of visiting the UK too regularly could be negatively perceived as residing and not visiting and may lead to a refusal.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

hiteshtuteja
Newbie
Posts: 39
Joined: Fri Dec 28, 2012 12:17 pm

Re: Tourist visa query

Post by hiteshtuteja » Sat Nov 17, 2018 11:47 pm

secret.simon wrote:
Sat Nov 17, 2018 9:29 pm
Think about it from a British Entry Clearance Officer's point of view. Your mother has only just left the UK a few months ago. Why would she need to return so soon? It will not look like a visit, it will look like she is attempting to reside in the UK.

She is free to apply, but the pattern of visiting the UK too regularly could be negatively perceived as residing and not visiting and may lead to a refusal.
Thanks, and would a gap of 8 months and the next planned visit duration of only around 6 weeks or so still be considered as regular /frequent?

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