Staying for 10 months with a visitors visa

[makon]

Hello,

Can someone please tell me the 'possible' consequences of staying for 10 months in the UK with a visitors visa.

The person in question is an elderly person, over 60 years old and retired.
She has a visitors visa that still has 8 years to run. She has visited the UK on 2 occasions in the past and has always returned within 6 months. However, this time around there is need for her to stay for 10 months.

When she leaves she wouldn't come to the UK again until 2015.

what I have seen is that you should not stay for more than 6 months with a visit visa, but what if somebody does. Would there be any issues he/she visits again?

Thanks

[Lucapooka]

Can someone please tell me the 'possible' consequences of staying for 10 months in the UK with a visitors visa.

Depending on detection of the overstay, it could result in a 12 month ban on re-entry to the UK but with the added problem that future visa applications will be viewed with suspicion as to the applicant's motivation to leave.

It's clear that she is effectively living in the UK in preference to living in her home country so I would urge caution if she wishes to continue enjoying her visits in the future.

[makon]

Thanks for your response. If the only consequence is the 12 month ban I wouldn't mind as she doesn't intend to come back until 2015. By 2015 she would have been more than 15 months outside the UK, if she stays till July 2013.

However, another school of thought suggests trying to get a Schengen Visa for her to visit the nearest european countrty (France) for a few days to reset the '6 month limit' clock. If she makes that journey in February she would already have spent 5 months in the UK and would be entering the UK again after a few days to spend another 5 months before leaving in July.
What is your view on this approach, please?

Thanks

[Casa]

That won't work. The rule is no more than 6 months total stay in a 12 month period.

[DieselD]

Thanks for your response. If the only consequence is the 12 month ban I wouldn't mind as she doesn't intend to come back until 2015. By 2015 she would have been more than 15 months outside the UK, if she stays till July 2013.

However, another school of thought suggests trying to get a Schengen Visa for her to visit the nearest european countrty (France) for a few days to reset the '6 month limit' clock. If she makes that journey in February she would already have spent 5 months in the UK and would be entering the UK again after a few days to spend another 5 months before leaving in July.
What is your view on this approach, please?

Thanks

Just guessing here, but the ban may be imposed only when she applies for a visa in 2015. Meaning she can only reapply in 2016 or when the ban ends.

[ajmal]

Hello,

Can someone please tell me the 'possible' consequences of staying for 10 months in the UK with a visitors visa.

The person in question is an elderly person, over 60 years old and retired.
She has a visitors visa that still has 8 years to run. She has visited the UK on 2 occasions in the past and has always returned within 6 months. However, this time around there is need for her to stay for 10 months.

When she leaves she wouldn't come to the UK again until 2015.

what I have seen is that you should not stay for more than 6 months with a visit visa, but what if somebody does. Would there be any issues he/she visits again?

Thanks

Apply for extension under FLR(O) form if she wants to stay more then 6 months

[Lucapooka]

or apply for citizenship! What other types of application can we list which have absolutely no merit or possibility of approval?

[vinny]

Applying for citizenship will not engage Section 3C.

[Lucapooka]

I was being sarcastic Vinny! The OP makes no mention that he wants to benefit from section 3c (even if he knows what that is!) and the subsequent post about FLR(O) seems to indicate that such an application to extend a visit has merit and would be approved. It has not and would not.

Besides, a frivolous application of that sought would severely hamper any future entry clearance applications.