Tourist visa date problems

[random.thoughts]

Hello,
My inlaws have got a visa between 13 Sep 2015 and 13 Mar 2016. The number of dates inclusive is 183 days. Next to dates in the visa it says "180 days of stay". Their flight tickets are from 14 Sep 2015 to 12 Mar 2016 (inclusive)

When my in laws entered UK at the point of entry the officer appears to have questioned about previous visits and some vague doubts on if we would be staying > 180 for the year. My questions are

1) Is there an official link explaining this 180 days (180 days != 6 months) scenario and whether this limit is per calendar year or a running 12 month period
2) Given the visa dates are stated clearly and duration is also stated as 6 months, is this going to be a problem when we leave UK (or when they have to come to the UK again?)

[Wanderer]

The test is 'genuine visitor' - the 180 day thing is used to as a factor in determining that. If someone is say visiting UK for 6 months in every 12 routinely you have to says that's not visiting but residing.

[secret.simon]

Section 4.2 of Appendix V, Immigration Rules says:

The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and
(d) will not undertake any prohibited activities set out in V 4.5 – V 4.10; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.

That is generally interpreted (it is not written down anywhere) to mean that the visitor should spend more time in their country of ordinary residence than in the UK. That is the basis of the 6 month in every rolling year rule.

So, it is not whether they are here for 180 days or 183 days, it is whether they are attempting to defeat the purpose and spirit of the Immigration Rules by effectively residing in the UK in the guise of visitors.

The fact that the Immigration Officer noticed that does not bode well for any future visit visa applications. To begin with, that means that there likely is now a note on their Home Office file flagging it up as a potential concern. Secondly, it is worth remembering that an Immigration Officer can cancel a visa that has been issued and can send them back on the next plane back. You are fortunate that the IO did not do that.

I would suggest that after this visa, that they not apply for another visa for a few (5-10) years. You may wish to meet them in either their home country or country of ordinary residence or in another EEA country (which should be visa free if you are a British citizen).

You were similarly advised in a similar query a year ago.