Post
by Casa » Sat Jun 14, 2014 12:52 pm
The Entry Officer may feel the return visit is too soon after the previous stay. This may help from the Home Office 'Modernised Guidance' to Border staff:
Frequency and duration of visits
Visitors cannot live in the UK on a continuous basis, even if they leave the UK for short periods
to avoid overstaying.
There is no specific limit on the number of visits an individual can make to the UK, such as a
definitive rule which states a visitor can only remain in the UK for ‘6 months in a 12 month
period’. Visitors, however, must not be living in the UK for extended periods because of
frequent, successive visits. For example, where an individual:
spends five or six months in the UK during a visit and returns after a short break in their
home country for a further five or six months, or
is living in the UK for successive short periods and breaking this by leaving for a couple
of days, for example, someone living in the UK during the week and breaking this by
leaving the UK at the weekends.
This could amount to genuine residence. However this is not a hard and fast rule and you
must consider the circumstances of each case on an individual basis.
and
Assessing residence through successive visits
You must consider the following factors to assess whether the visitor is residing in the UK
because of frequent, successive visits:
The purpose of the visit and intended length of stay stated on the visitor’s visa
application form or to the Border Force officer.
The number of visits made over the past year (rolling 12 month period), including:
o the length of stay on each occasion
o the time elapsed since the last visit, and
o whether this amounts to the individual spending more time in the UK than in their home country.
This guidance is based on the Immigration Rules
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
