Query on overstaying on visit visa

[mansawant]

Hi,

My mother has arrived here in UK on visit visa. She has got 5 years visit visa. Last time she arrived on 20th December 05 and went back on 10th June 06. Again she came back on 2nd July 06. On 1st January she will complete 6 months in UK. So can she extend her stay for 2-3 days and go out of UK on 3rd or 4th January 06. I want to accompany her as she can't travel on her own and I am not getting leave. Will she face problem at immigration counter when she will arrive next time say after 2-3 months if she overstay this time for 2-3 days. I appreciate quick advice as I want to book my tickets.

Thanks & Regards,
Mansawant

[mansawant]

Hi,

Moderators please advice me on this.

Thanks & Regards,
Mansawant.

[ppron747]

John's reply in this topic may offer some encouragement...

[skilledbutnotapproved]

ljj

[skilledbutnotapproved]

can you tell me is it 5 years or five months?
if its five years visa then should not to worry but if its five mnths then you must go with her or plan her to get in india before visa run out.

[antontony]

A visitor must not exceed 6 months of his/her stay in the UK in a given single year under the immigtation rules.

A few days and even a couple of weeks shold not be a problem, though.

[skilledbutnotapproved]

you might be wrong buddy coz i had problem in family at mumbai airport regarding just a single day late ,
he never able to get visitor visa afterwards,every time got refused saying you wont come back

[ppron747]

What has Mumbai Airport got to do with it? And why (following up your earlier post) does it might OP have to go as well - given that he's already said he intends to travel with his mother due to her health?

[mansawant]

Hi all,

Thanks a lot for the advice. My mother has got 5 years visit visa valid until December 2010. But she can't stay more than 180 days at a time. So last time she returned within 6 months. But this time she has a health problem so she can't travel on her own so I am going to accompany her. Beacuse of my leave problem she needs to extend her visit for 2-3 days more than 6 months. Thats why I request for the advice.

Thanks and Regards,
Mansawant

[olisun]

I think just a few days will be fine since she has already got a 5yrs multi entry visa.

BUT having a 5yr multi entry visit visa does not mean one can keep coming to the UK for 6 months with a gap of few weeks or months between the visits...

And I believe the OP's mother has been to the UK for more than 6months in the last 1yr

[lionfly]

Sorry to bring up this pretty old topic.

Hi Olisun,

Could I know where you got the following information please? I heard that as long as you do not stay more than 180 days in one go, it is fine, no matter how you achieve this.

I.e. you can 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.

BUT having a 5yr multi entry visit visa does not mean one can keep coming to the UK for 6 months with a gap of few weeks or months between the visits...

Please advise more. Thanks.

[SKUK]

I.e. you can 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.

Wishful thinking. The visitor may get away with it once or twice but they can and probably will be refused entry as it would be construed as living in the UK.

[UKBAbble]

A visitor must not exceed 6 months of his/her stay in the UK in a given single year under the immigtation rules.

That is not in the immigration rules (yet).

[jei2]

I.e. you can 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.

Wishful thinking. The visitor may get away with it once or twice but they can and probably will be refused entry as it would be construed as living in the UK.

I agree. Immigration Officers frown on this and it can lead to entry clearance being curtailed.

As with cases where any suspicion of health benefit tourism arises....

[Frontier Mole]

A visitor must not exceed 6 months of his/her stay in the UK in a given single year under the immigtation rules.

That is not in the immigration rules (yet).

BUT it is not unkown to refuse entry based on the belief that the visit visa is being (ab)used as a method of staying in the UK beyond that deemed as a reasonable period of time. Is that not the case?

[Frontier Mole]

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.

[UKBAbble]

BUT it is not unkown to refuse entry based on the belief that the visit visa is being (ab)used as a method of staying in the UK beyond that de4emed as a reasonable period of time. Is that not the case?

Absolutely correct. But refusal has to be argued on change of circumstances or change of purpose since the visa issue (if a visa national) or under para 43 (not satisfied genuine visitor) in non-visa national cases.

[berkshire1987]

Hi,

My mother has arrived here in UK on visit visa. She has got 5 years visit visa. Last time she arrived on 20th December 05 and went back on 10th June 06. Again she came back on 2nd July 06. On 1st January she will complete 6 months in UK. So can she extend her stay for 2-3 days and go out of UK on 3rd or 4th January 06. I want to accompany her as she can't travel on her own and I am not getting leave. Will she face problem at immigration counter when she will arrive next time say after 2-3 months if she overstay this time for 2-3 days. I appreciate quick advice as I want to book my tickets.

Thanks & Regards,
Mansawant

If your mother continues to fly in and out of the UK and remains here for 6 months at a time. They my get the impression she is using a visit visa to live in the UK. If checked at the aiport the visa can be cancelled as change of purpose and she will be on the plane home.

I know someone in immigration and this sort of thing does happen. They return people back home if they suspect they are living in the UK on a visit visa. Change of purpose....