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URGENT - Please help

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High Profile
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URGENT - Please help

Post by High Profile » Mon Jul 07, 2008 1:27 pm

My mother has a 5 year multiple entry visa to the UK, can she stay here for more than 6 months if we take her out of the country eg France and then bring her back into UK?? On the website it says that you can only stay here for 6 months per visit to the UK, but if we take her to France and bring her back into the country it will be considered as another visit and therefore she will be able to stay here for another 6 months?? Am I right in thinking so.

Her 6 months are almost up and so I need to know this asap.

Many thanks.

Wanderer
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Post by Wanderer » Mon Jul 07, 2008 1:35 pm

Highly risky - the IO will want to ensure she is a 'genuine visitor' and not effectively living here.

The normal Rule of Thumb is 6 months in every 12 for a visitor, the call you have it make is what will the IO think, and is she a genuine visitor?
An chéad stad eile Stáisiún Uí Chonghaile....

High Profile
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Post by High Profile » Mon Jul 07, 2008 1:41 pm

Wanderer wrote:Highly risky - the IO will want to ensure she is a 'genuine visitor' and not effectively living here.

The normal Rule of Thumb is 6 months in every 12 for a visitor, the call you have it make is what will the IO think, and is she a genuine visitor?
Actually she only wants to stay here till October end after which she will head back to her own country, do you think we can take an appointment at the embassy to request the extension of her stay..she does have the valid visa.

Wanderer
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Ireland

Post by Wanderer » Mon Jul 07, 2008 1:49 pm

High Profile wrote:
Wanderer wrote:Highly risky - the IO will want to ensure she is a 'genuine visitor' and not effectively living here.

The normal Rule of Thumb is 6 months in every 12 for a visitor, the call you have it make is what will the IO think, and is she a genuine visitor?
Actually she only wants to stay here till October end after which she will head back to her own country, do you think we can take an appointment at the embassy to request the extension of her stay..she does have the valid visa.
Very difficult to extend a VV unless under very extreme circs, are they any compelling reasons why she must stay longer?
An chéad stad eile Stáisiún Uí Chonghaile....

talha1611
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Post by talha1611 » Wed Jul 09, 2008 2:28 pm

Hi
You can take her to France for few day and come back and she can still legally stay here for six months but visa officer at airport could ask ask any question, so be ready for that. Also she needs a schengen visa to visit Europe. She won't be able to get schengen visa from UK as rules say you have to apply from your home country

High Profile
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Post by High Profile » Wed Jul 09, 2008 2:33 pm

talha1611 wrote:Hi
You can take her to France for few day and come back and she can still legally stay here for six months but visa officer at airport could ask ask any question, so be ready for that. Also she needs a schengen visa to visit Europe. She won't be able to get schengen visa from UK as rules say you have to apply from your home country
She already has a Schengen visa for one year, so that will not be the problem, yes I was thinking the same that she is legally allowed to be here for 6 months 'every visit to the UK' - as it explicitly says that on their website. I could not find the rule where she has to stay here only for 6 months in a 12 month period inspite of having a 5 year visa to the UK. If you happen to see this on the website please do point it out to me.

many thanx.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
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Post by Wanderer » Wed Jul 09, 2008 2:48 pm

The key term is 'genuine visitor' and the IO's will use a general Rule of Thumb that 6 months in 12 of a visitor. Over that is not 'visiting' but 'residing' - there may be other factors the IO can take into account.

I've read about people getting away with it, I've personal experience of someone being questioned over it and threatened with being denied entry, my mate's American Wife, after several frequent short visits to UK, so u take your chances.....
An chéad stad eile Stáisiún Uí Chonghaile....

PaperPusher
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Post by PaperPusher » Wed Jul 09, 2008 6:29 pm

Hello High Profile

There is internal guidance about this from the IDIs

Visitors
4. FREQUENCY AND DURATION OF VISITS
There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal. It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country (but see Section 3 of this chapter in the case of visitors for private medical treatment). Occasionally, a business visitor may require to stay for a period of weeks or even months (eg where machinery is being installed or faults being diagnosed and corrected). The immigration officer should be satisfied, however, that a person's presence here on business for more than 6 out of any 12 months does not mean that he is basing himself here ..........
More than 6 months out of 12 is running the gauntlet a bit- it seems your mother would be in the UK for 10 months out of 12 (you haven't given exact dates).

How important is it that your mother is here? What is she doing here? Has she got a return ticket? What about funds? What would happen if your mother is refused entry? - all things to consider.


PP

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