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Help : Long term Visitor Visa

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NationOne
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Help : Long term Visitor Visa

Post by NationOne » Mon Jul 25, 2005 7:34 am

Dear All,

My mother has a long term Family visitor visa valid for 5 years. I understand that she cannot stay in UK for more than 6 months at a time. But is there a restriction on total number of days per year a person can be in UK on visitor visa.?

That is , can my mother go back to the home country at the end of 6 months of stay in UK and come back to UK after staying say one month in home country. ?

This is just what home office says :
" With a visit visa you can usually enter and leave the UK any number of times while it is still valid. The ECO may occasionally limit a visa so it is valid for only one entry. You cannot stay for longer than six months on each visit. Visit visas can be valid for 6 months, one year, two years, five years or ten years. You can apply for a visa valid for any of these periods. The ECO may decide to make your visa valid for a shorter time than you have asked for, for example if are not a regular traveller or have never visited the UK before."

Appreciate any reply on this.

Thanks
NationOne
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bani
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Re: Help : Long term Visitor Visa

Post by bani » Mon Jul 25, 2005 9:45 pm

The limit is 6 months per calendar year. So if she left at the end of a 6 month stay, she must wait another 6 months before she can return on the same visa.
NationOne wrote:Dear All,

My mother has a long term Family visitor visa valid for 5 years. I understand that she cannot stay in UK for more than 6 months at a time. But is there a restriction on total number of days per year a person can be in UK on visitor visa.?

That is , can my mother go back to the home country at the end of 6 months of stay in UK and come back to UK after staying say one month in home country. ?

This is just what home office says :
" With a visit visa you can usually enter and leave the UK any number of times while it is still valid. The ECO may occasionally limit a visa so it is valid for only one entry. You cannot stay for longer than six months on each visit. Visit visas can be valid for 6 months, one year, two years, five years or ten years. You can apply for a visa valid for any of these periods. The ECO may decide to make your visa valid for a shorter time than you have asked for, for example if are not a regular traveller or have never visited the UK before."

Appreciate any reply on this.

Thanks
NationOne
[/b]

NationOne
Junior Member
Posts: 55
Joined: Tue Dec 02, 2003 1:01 am

Post by NationOne » Tue Jul 26, 2005 7:00 am

Thanks Bani for the Reply,
I dont see this restriction anywhere in the home office website. Is this kind of an unwritten rule ? Can you point me to the home office page where this rule is ?

NationOne

meham
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Post by meham » Tue Jul 26, 2005 7:16 pm

for visitor visas once you leave the uk for 1 day and come back you have another 6 months. . Just make sure you dont stay longer than six months. for family visitor visas i asume its the same

bani
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Post by bani » Tue Jul 26, 2005 7:58 pm

NationOne wrote:Thanks Bani for the Reply,
I dont see this restriction anywhere in the home office website. Is this kind of an unwritten rule ? Can you point me to the home office page where this rule is ?

NationOne
I've just read that on this board a few times. Also I have a friend whose mother has a long-term visit visa and is here 6 months every year. they make sure her stay is never longer than that for every calendar year.

Maybe you can find a definite answer at
www.ukvisas.gov.uk

NationOne
Junior Member
Posts: 55
Joined: Tue Dec 02, 2003 1:01 am

Post by NationOne » Wed Jul 27, 2005 6:19 am

I could not find any information on this in UKVisas.
If there is no definite law, a person who has 5 years visitors visa should be able to leave the country for few days and come back !!!!!!...

Can any of the moderators help me in this.

John
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Post by John » Wed Jul 27, 2005 8:15 am

All I can first on the IND website relating to this is some policy instructions to IND staff, namely Annex A and in particular "4. FREQUENCY AND DURATION OF VISITS" in that document.

However that document just seems to cover visitor's visas issued for a maximum of six months, so I am not sure how relevant that is. After all here we are discussing a visitor's visa issued for a five year period.

Anyone else any opinions on this?
John

olisun
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Post by olisun » Wed Jul 27, 2005 11:09 am

all i know is one can stay a maximum of 6months at a stretch on a visitor visa

Also that if one just goes out of the country for a day to extend the visa for the next six months then the immigration officer may get suspicious that the person is planning to settle indefinitely in the UK.

correct me if i am wrong

"4. FREQUENCY AND DURATION OF VISITS
There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal."

Kayalami
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Post by Kayalami » Wed Jul 27, 2005 5:01 pm

IND wrote:The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.
Note my emphasis in bold. At some point in time the IO must determine whether your travel pattern fits into the immigration rules for a visitor in light of applicable circusmtances e.g. are you a business person who is on a project that requires extensive travel to the UK? What are your finances? What is your place of ordinary residence? What ties do you have to such place? How long were you away from the UK prior to this entry?

Do you believe that the proposed pattern over a 5 year period indicates being a genuine visitor or is such now actually a de-facto residence permit? You may get away with it once but unlikely post that at entry number 2 or 3 - I have seen many non-visa nationals meet such fate on a quick day trip to France so as to get round the 6 month limit especially with the pre-departure checks at Eurostar's Gare Du Nord Terminal. With respect to the original poster I recall aspects of obtaining a dependent visa for the mother. Your proposed plans (especially with short absences from the UK) where this has not materialised may very well backfire on you.

bani
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Post by bani » Wed Jul 27, 2005 5:31 pm

Second paragraph from the same document states the 6 months limit out of every 12. --

FREQUENCY AND DURATION OF VISITS
There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.

It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country (but see Section 3 of this chapter in the case of visitors for private medical treatment).

NationOne
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Post by NationOne » Mon Aug 08, 2005 11:35 am

Thank you so much Kayalami, bani and others for pointing out to the correct immigration policy.

I don't think i will take this risky route. Will wait for my ILR and then think about a different visa for my mother

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