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how do you calculate a visitor visa over the course of a year?

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trandy
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Wales

how do you calculate a visitor visa over the course of a year?

Post by trandy » Thu Jul 14, 2022 4:59 pm

My girlfriend lives in the Netherlands and we're trying to figure out how long she can visit and how to ensure she doesn't over-stay. If you look anywhere and everywhere online, it just says 6 months is the duration. But how is that calculated over the course of a year? Or where/how would we find that out? When does it reset etc.?

secret.simon
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Re: how do you calculate a visitor visa over the course of a year?

Post by secret.simon » Thu Jul 14, 2022 5:37 pm

Is she an EEA citizen or a non-EEA citizen?

The general rule-of-thumb for visitors is that no single visit should exceed six months. For the purposes of the Immigration Rules, a month is 30 days and so any single visit should not exceed 180 days.

Secondly, unlike the Schengen Zone's mathematical 90-in-180 day rule, the UK' s immigration rules for visitors does not state a number of days per year that the person must be outside the Uk before reentering.

Instead, it states that the visitor must not reside in the UK by frequent or successive visits. So the ECO (if your girlfriend needs a visit visa) or Immigration Officer at the sea/air port would look at the history of your girlfriend's visits to the UK and ask her why she needs to vist the UK so often. If they decide that your girlfriend is in effect residing in the UK by frequent of successive visits, the can refuse her entry.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

trandy
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Posts: 12
Joined: Mon Dec 16, 2019 9:15 pm
Wales

Re: how do you calculate a visitor visa over the course of a year?

Post by trandy » Thu Jul 14, 2022 5:41 pm

Ok, I guess that makes sense. She's from the Netherlands, not sure if that helps.

So yeah it's a bit of a grey area really in that regard. You can technically stay for the best part of a year (say 7-8 months spread out over 12), but then how do you argue that you're not residing here? Tricky.

Thanks

JB007
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United Kingdom

Re: how do you calculate a visitor visa over the course of a year?

Post by JB007 » Thu Jul 14, 2022 11:19 pm

trandy wrote:
Thu Jul 14, 2022 5:41 pm
Ok, I guess that makes sense. She's from the Netherlands, not sure if that helps.
She will need to bring her EHIC, which should cover any necessary medical treatment she needs while visiting Wales. You can read what that entaills, on NHS Wales site.

If it is with NHS England, you can read from page 83
https://assets.publishing.service.gov.u ... y-2022.pdf

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Ticktack
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Re: how do you calculate a visitor visa over the course of a year?

Post by Ticktack » Fri Jul 15, 2022 9:26 am

trandy wrote:
Thu Jul 14, 2022 5:41 pm
Ok, I guess that makes sense. She's from the Netherlands, not sure if that helps.

So yeah it's a bit of a grey area really in that regard. You can technically stay for the best part of a year (say 7-8 months spread out over 12), but then how do you argue that you're not residing here? Tricky.

Thanks
She might get away with it the first calendar year, but it would be flagged. The minute she keeps to that pattern on the next calendar year, she would be stopped and possibly denied entry as advised by secret.simon.

The ECO's have seen it all before. I'm sure they probably have an entire chapter on this in their manual. :lol:

First question would be why are you back so soon?
Second, we're going to discuss what you did the last time you came here, and what you intend to do now?

FYI, no one can stay away from work for that long anyways.
No sin in failing, you just have to try and try again!

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