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Is my mum eligible for a Visitor visa at the end of February..?

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applicant_ILR
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Is my mum eligible for a Visitor visa at the end of February..?

Post by applicant_ILR » Fri Jan 31, 2020 10:10 pm

Hi all,

We are two sisters settled abroad, me in the UK and my little sister in the USA. My mum came to me first last year to spend time with his 1 year old grand kid and then went to the USA for spending time with my little sister who was expecting her first child in September. She is returning to India at the end of this week after this very long trip.. Please note that my mum is a housewife and is a dependent on my dad since marriage.

Here is the time line for my mum in the last 12 months -

1. Visitor visa to UK (6 months) - Came to UK from India in March 2019 and left for USA in August 2019 (total number of days in UK - about 5 months and 10 days, which is approx. 10 days less than what we have declared in the Visa application)

2. Visitor visa to USA (10 Yrs) - Came to USA from UK in August 2019 and will be leaving for India in the first week of Feb 2020 (total number of days in USA - about 5 months and 10 days, which was with in the rules of stipulated visa conditions..)

My dad is retiring very soon (from a Private company job) hence I decided to apply for a long-term standard visitor visa for 10 years for both my mum and dad to make sure that they don't face unnecessary hurdles in terms of supporting documents needed for their future visitor visa applications. Except for a Home they don't have any major fixed/liquid assets to show strong financial connection to India. Our entire extended family lives/works in India though..

Now my Queries are,

1. For my mum what's the earliest date I can apply for a long-term (10 year) Standard Visitor visa to UK?

2. Does not staying 6+ months in any country in the last 12 months makes a difference when it comes to a long-term Visitor visa application (technically she was not a resident for tax purposes in any country in the last 12 months if I'm not wrong, which is why I'm asking this..)?

3. Or as long as she did not return to UK within six months of leaving, she will be fine irrespective of the issue I've mentioned right above?

(On a side note though.. she won't be staying here for that long on her future visits to the UK)

Many thanks in advance.

regards
applicant.

applicant_ILR
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Posts: 17
Joined: Mon Jul 08, 2019 1:37 am
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Re: Is my mum eligible for a Visitor visa at the end of February..?

Post by applicant_ILR » Sat Feb 01, 2020 4:17 pm

Hi all again,

Sorry for my long boring post and here is my main query if you guys don't mind me asking again,

Does not staying at least 6 months in any country in the last 12 months makes my mum ineligible for applying for a long term standard visitor visa?

Many thanks in advance.

regards
applicant

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Zerubbabel
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Re: Is my mum eligible for a Visitor visa at the end of February..?

Post by Zerubbabel » Sat Feb 01, 2020 4:27 pm

Hello

It's not a question of "eligibility". She can apply for a visitor visa even if she lived in a ship for the last 10 years.

The issue is to be seen under a different angle. As she is an Indian national, they want to see strong attachment to India. That attachment is non-existent as she hardly spend any time in the country.

Now, in her advantage, there is a 10-year US visa and an extensive travel history. She always respected the terms of her visa... so they might put that in the balance and give her a visa.

If you apply again with the same account, you will see that at one point, they open longer and longer visas as options for you.

Nobody can tell you for sure she will get a visa or not. But apparently, she has been successful securing visas so far.

secret.simon
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Re: Is my mum eligible for a Visitor visa at the end of February..?

Post by secret.simon » Sun Feb 02, 2020 5:03 am

applicant_ILR wrote:
Fri Jan 31, 2020 10:10 pm
My mum came to me first last year
applicant_ILR wrote:
Fri Jan 31, 2020 10:10 pm
Came to UK from India in March 2019 and left for USA in August 2019 (total number of days in UK - about 5 months and 10 days, which is approx. 10 days less than what we have declared in the Visa application)
applicant_ILR wrote:
Fri Jan 31, 2020 10:10 pm
1. For my mum what's the earliest date I can apply for a long-term (10 year) Standard Visitor visa to UK?
It seems that your mother has only made one visit to the UK on a previous visit visa and then stayed for five months at a stretch.

For long term visit visas, it is generally expected that the applicant have a history of prior visit visas before long term visit visas are granted. Also, it is suggested to go about it in a staged manner. So a few years on the short-term six month visas, leading to a successful two year visit visa, following by a five year visit visa, etc.

Also, given that she has just stayed in the UK for five months in one go, the ECO will want to know why she is visiting so often. Keep in mind that living "in the UK for extended periods through frequent or successive visits" is expressly forbidden in the Immigration Rules (See Rule 4(2) of Appendix V of the Immigration Rules).

Therefore, I would be cautious of applying for another visit visa, let alone a 10 year visit visa, for a couple of years. If she is refused once, that will remain on her record and any subsequent visa application will be scrutinised much more stringently..
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.

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