Query on 180 days rule for long term family visitor visas

[varre_v]

Hello Gurus,

I would like to pick your brain on this situation and really looking forward for your help expert advise.

My mother who is a widow aged, 54 years has been issued a 10 year long term family visitor visa to UK recently with each trip limited to 180 days duration. She arrived in the UK on 07th of September this year and her 180 days is coming to an end on 05th of March, 2014. After that she plans to visit my sister in USA as my mom has a 10 year long term family visitor visa to USA also. She intend to leave UK on 01st of March, 2014 (i.e. without breaching the 180 days rule) and go to USA and spend 6 months there and return back to UK from there sometime end of August, 2014.

If I count the number of days in between 01st of March,2014 and her next trip to UK (i.e. from USA) the gap will be less than 180 days.

My concerns are:

1. How much gap she needs to maintain between two UK trips? Is there any rule like that?
2. Is she allowed to travel to USA directly from UK without going back to her home country (i.e. India)?

[MPH80]

There is no formal 'gap' requirement. The general rule of thumb (and what was, previously, guidance for the ECO) is a visitor would not spend more than 180 days in 365 in the UK.

So in theory her 'back and forth' to the US shouldn't prove a problem.

But if I was an ECO and saw she'd spent 6 months in the US, following 6 months here, and then a further 6 months here I'd be querying what ties she has at home which means she would leave at the end of her 6 months. Indeed - I'd be querying where she actually lives!

On your second question - as far as I know that's no problem.

M.

[varre_v]

Hello MPH80 Sir,
Thank you for your advise. Makes sense on what you said regarding the possible questions that the ECO may ask if she makes round trips without going back to her home country (india).

I am currently on ILR status in UK and actually wanted to apply for an elderly dependant visa but as you know due to the harsh rules that home office has put, I did not apply for that visa and got her the long term family visitor visa instead.

So, after her 180 days finishes in UK in March, 2014 what do you recommend for her next trip?

Options are:
a. Return home (i.e.India) and then go to USA after spending one month.
b. Go to USA and spend 6 months and from there return to India

[MPH80]

I don't think there's an easy recommendation here.

If I were her - and she was determined to spend 6 months in the USA - I'd suggest a spell in India of (at least) a few months after that trip would be sensible just to help show that she still has ties there.

The entry clearance officer is going to be looking through their 'UK centric' prism of the world and for someone in the UK to up and leave their home 18 months (what she's intending to do) but claim they are still living there would be ... unusual.

M.