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Long term visit visa

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Hector
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Posts: 23
Joined: Thu Mar 31, 2005 5:23 pm
Location: Cambridge

Long term visit visa

Post by Hector » Wed Oct 08, 2008 2:25 pm

Hi All,
Just wondering if someone on a long term visit visa (say 5 years) is allowed to stay more than 6 months (e.g. 4 + 4 in two visits) in a calendar year? I've asked this question to VFS and Home Office people and got conflicting answers.

VFS UK : Yes
Home Office : No

Can somebody with first hand experience reply please.

Cheers,
Hector

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

Post by Wanderer » Wed Oct 08, 2008 2:30 pm

Yes and No.

The key is genuine visitor, u have to prove u are one, if the IO thinks not - boing!, back u go!

For most people even a six week holiday is an impossibility, so a six month plus one is going to raise eyebrows...
An chéad stad eile Stáisiún Uí Chonghaile....

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Wed Oct 08, 2008 4:22 pm

Someone staying that long has arguably tranferred their residence to the UK.

Hector
Newly Registered
Posts: 23
Joined: Thu Mar 31, 2005 5:23 pm
Location: Cambridge

Post by Hector » Thu Oct 09, 2008 2:39 pm

>> Someone staying that long has arguably tranferred their residence to the UK.

Yes and No :-)

One could have parents visiting (and this might again be hard to digest for some and pretty much plausible for others) to lend some support in events like child birth or some accident etc.

Anyway, All I wanted to know was if it’s legally possible or not.

Thanks,
Hector

lionfly
Junior Member
Posts: 73
Joined: Wed Oct 15, 2008 3:25 pm

Post by lionfly » Wed Oct 15, 2008 3:46 pm

I am looking for the confirmation answer as well.

My parents are with my family (wife, kids) on a 5-year visit visa, with the 180 days restriction. I hope my parents are with me all the time when I am in UK on 5-year work visa.

I wonder whether I can arrange my parents to travel to France for several days, then come back for another 180 maximum, and then travel to Spain etc., and come back to UK for another 180 maximum, and so on.

From the law point of view, as long as you do not stay more than 180 days in one go, it is fine, no matter how you achieve this. The immigration control custom should NOT refuse entry.

It should be maximum 180 days in one visit, NOT 180 days in a calender year, or financial year.

Any one has experiences or official answer from Home Office IND please?

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

Post by Wanderer » Wed Oct 15, 2008 4:56 pm

lionfly wrote:I am looking for the confirmation answer as well.

My parents are with my family (wife, kids) on a 5-year visit visa, with the 180 days restriction. I hope my parents are with me all the time when I am in UK on 5-year work visa.

I wonder whether I can arrange my parents to travel to France for several days, then come back for another 180 maximum, and then travel to Spain etc., and come back to UK for another 180 maximum, and so on.

From the law point of view, as long as you do not stay more than 180 days in one go, it is fine, no matter how you achieve this. The immigration control custom should NOT refuse entry.
No way is that being a genuine visitor, they're guaranteed to get bounced and possibly banned.

Again - the key is genuine visitor, sounds like ur parents are living here which a blatant abuse of the visitor visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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United Kingdom

Post by Casa » Wed Oct 15, 2008 5:16 pm

I agree with Wanderer on this one. The 180 day rule refers to maximum stay in 12 months. No good popping out and popping back in again to start another 180....or they'll pop you back off home....and that won't be the UK home. :(

sjohnson2
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Joined: Wed Oct 15, 2008 5:21 pm

Post by sjohnson2 » Wed Oct 15, 2008 5:24 pm

thought this info may be of help:
The Home Office Immigration and Nationality Directorate website http://www.ind.homeoffice.gov.uk contains the most up-to-date version of the Immigration Rules and the various policy instructions which the Home Office uses to guide themselves when interpreting the law and reaching decisions on cases. Application forms can also be downloaded from the Home Office site.

The UK Visas website http://www.ukvisas.gov.uk is also useful in providing guidance to those who wish to apply for entry clearance from abroad. Visa applications forms can also be downloaded form this site. The contact details of the various British embassies and High Commissions abroad can also be found on this site.
Sam

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Frontier Mole
Respected Guru
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Joined: Tue May 06, 2008 12:03 am
European Union

Post by Frontier Mole » Wed Oct 15, 2008 11:16 pm

This is the extract from the IDI's

4. FREQUENCY AND DURATION OF VISITS
IDI/ Feb 2006
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 and holding down a specific post which constitutes employment requiring a work permit.

lionfly
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Posts: 73
Joined: Wed Oct 15, 2008 3:25 pm

Post by lionfly » Thu Oct 16, 2008 1:28 pm

I know that Schengen countries do not issue Schengen visa to 6-month UK-visit visa holders, who have to apply for Schengen visa from their home country.

But do they issue Schengen visa to 5-year UK-visit visa holders?

86ti
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Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Oct 16, 2008 1:36 pm

lionfly wrote:I know that Schengen countries do not issue Schengen visa to 6-month UK-visit visa holders, who have to apply for Schengen visa from their home country.

But do they issue Schengen visa to 5-year UK-visit visa holders?
It is still a visit visa. The general policy is to issue Schengen visa only to legal residents.

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