Visitor Visa - 6 month rule

[bhavna]

Dear All,

As i understand that for a UK visitor visa the rule is that the person shall not stay for more than six months in an year.

I am not sure how to calculate this year. Is it a calendar year / financial year, year starting from the date the visa was issued or something else.

Can some board member who knows this rule please tell?

Thanks

[lemess]

As far as I know this is not a strict limit but a rule of thumb. Anyone who has spent more than 6 months in the UK in any 12 month period is liable for further investigation as that is meant to signal an intention beyond that of a 'visitor'. I don't think there is a specific immigration rule that mandates this though I am sure someone will correct me if I'm wrong.

[John]

Lemess, I for one think you have described the situation accurately. I think "rule of thumb" sums it up very nicely.

[stedman]

The 6 months means 6 unbroken months starting from the date the person arrives the UK. For e.g. the person gets a single entry visa on the 3rd of january and it says "valid until 3rd of June" ... they then arrive the UK on the 3rd of April... the immigration officer stamps the duration at his/her discretion - whatever they stamp is the duration of the visa. So if they stamp "6 months" then the person can stay until 2nd october (although this is not advised)

[John]

Stedman, I disagree with that. I don't think it works like that now ... and has not since late 2000.

I accept the immigration officer at the port of entry has a discretion but invariably all he/she will do is simply stamp the pre-existing EC in the passport to show that the person has entered the UK. The expiry date on the EC is what counts.

All the above is of course of for visa nationals ..... those needing a visa to enter the UK for any purpose. As regards non-visa nationals there will not be a visitor's visa in their passport and accordingly the immigration officer will indeed stamp the passport giving say six months right to stay in the UK ... starting with that date.

[Kayalami]

The maximum period of time that can be spent as a visitor in the UK at each entry is six months. The HO may consider extending this to 12 months in the most compelling of circumstances which will only apply to a few cases e.g. your parents are visiting the UK and one of them has severe/fatal injuries from a road traffic accident a week before their 6 month time is up. For this reason I would suggest most members not even consider this - the HO have this category under intense scrutiny due to abuse in the past.

For non visa nationals such will nominally commence at admission unless (if they have chosen or by virtue of their immigration history advised/required to) they have entry clearance in common with visa nationals. EC confers leave to enter and so may run (and usually does for practical reasons unless you get the visa today and come to the UK today) prior to the holder arriving at a POE.

Where a visitor visa is issued valid for more than 6 months e.g 1, 2, 5 years the maximum duration is still annotated 180 days. The immigration officer will review in detail re-entries into the UK to cover your last visit to the UK, duration, your activity in the UK, your time in your home country, the socio-economic ties you have there to be consistent with standard visit patterns etc. As a rule of thumb don't spend more time in the UK than you do in your home country...IMHO more than 3 months in every consecutive 12 month period is starting to push the margins.

To summarise you need to ask yourself - "Am I living in or visiting the UK?" This will tell you what to expect next time you seek entry = either admission for six months, admission for a shorter period (even for days), or a return trip home on the same flight that brought you and the chance of ever coming back on hold for several years.

I hope that helps