URGENT! FAMILY VISITOR- Lenght of stay and period b/w visits

[doc_S]

Dear All,

My mother who has been visiting us in UK sine 2008 on 6 month visit visas, got 2 years multiple visa in March 2011 valid until March 2013. On this 2 years multiple visa, she made her first visit in July 2011 and left in Jan 2012. (roughly 5.5 months). We are aware that she is allowed only 180 days in UK per year. However, we thought as her visa started from March 2011, her year is counted from March to March. Therefore, despite she leaving UK only in Jan 2012, she came back in April 2012 (3 months after last departure). Our plan was that she would stay only 6 or less months again and would leave UK again.this would be her second 180 days in UK in her second year of visa March 2012-2013.

However, on her arrival at the airport last month, she was stopped by immigration, who also called me and asked why she is coming back so soon? My explanation was as above. However she explained that her 12 months period would start from her entry i.e., July 2011, therefore, as she had spent almost 5.5 months already in UK since then until Jan, she should not have returned before July 2012. We understood and explained it was misunderstanding. The officer said we will allow her to stay now for 3 months as that what my mother put on landing card just in case, however, then she should not visit UK before 6 months gap. But if she stays now for 3 months and leave in July, 6 months gap means she could only return in Jan 2013 where her visa expires in March 2013 i.e., for two months only !!!

My questions are:

1. Length of stay allowed for a family visitor is 180 days per year and if someone stays 180 days consecutively then fair enough that they cannot return within next six months. However, if someone stays less than 180 days e.g., 90 days, then do they still need to give a gap of 180 days between visits, or they can return earlier but stay only another 90 days only ( so total still 180 days in a year)???

2. According to guidance on UKBA website, they only mention about total length of stay in UK per 12 months. However, nowhere it has been described that the gap between the visits has to be 180 days as well. So what about multiple visits of shorter duration within a year where total days spent is not mounting more than 180 days? ( 3 visits of 2 months each or 2 visits of three months each etc. Of course in such visits, gap in between visits cannot be 6 months)

3. To keep my mother's immigration history nice for future application in March 2013, what if now we send her back after 30-45 days (though she is allowed to stay for 3 months). However, as she would still have 135-150 days left in her second year of visa ( which would be after July 2012), can she then return, say in Sept 2012 to complete her rest of the 180 days allowed? ( as originally she should have come after July 2012, but due o misunderstanding, as she has visited and spent 30-45 days before the start of second year, to compensate, she would come 2 months later in Sept than in July and also despite immigration officer allowed her to stay for 3 months, she is going in 30-45 days- will it go nice? In her favour?)

In summary, she would not stay more than 360 days in 24 months visa and not more than 180 days at a stretch. 180 days were already spent b/w July 2011 and Jan 2012. However, now she is Back here in April but if she goes back in 30-45 days, can she return in Sept to stay for another 135-150 days? This would mean a gap of less than 6 months between visits, but a stay of total NOT more than 180 days?

4. Or is it must that even if she leaves after 30-45 days even being allowed to stay for 3 months, that she should give a gap of 180 days?

5. Would they have put a warning in a system to monitor? Immigration officer said on phone that she is allowed three months and then should leave before coming back after six months. However, in passport, there is no restriction put on length of stay, only usual immigration entry stamp with date of entry.

Thanks all for advice and help.

[Lucapooka]

You can analyse her time in and time out all you like but it's completely at the discretion of the ECO and/or Border Force officer. If it looks like she is abusing the guidance on visit stay and is effectively living in the UK but taking only short trips home, she will, at some point, be challenged about this. What she says in response to questions about the necessity of long and repeated visits will determine her re-entry.

[vinny]

See also Oppong (visitor:length of stay) Ghana [2011] UKUT 431 (IAC) (11 November 2011), concerning Frequency and duration of visits.

[doc_S]

Thanks for your replies Lucapooka and Vinny.

@Lucapooka, how does it look like she is abusing the guidance on visit visa by making short trips back home when total stay in a year is not more than 180 days?

That is what I want to clear that the guidance is total stay of 180 days in a year in UK, so does it matter if trips are shorter duration but more frequent? Does gap between the visits matter if stay is less than 180 days at a stretch? If she stays 40-50 days this time, can she return in 3 months time to stay for another 130 days or so? Or the gap between vists has to be 6 months regardless of the days spent in UK(even if the stay was less than 180 days previously)??

Thanks again.

[Lucapooka]

I never said she was abusing the system; I indicated that such activity was something to aware of and attempt to avoid. In my words: If it look like she is abusing the system she may have a problem; if it doesn't look like she is abusing then she will be fine.

It's a cumulative general pattern rather than fixed periods to remain outside. Business visitors may need to come and go throughout the year and remain for varying periods. In a way, they have a good reason for regular repeat entry within the cumulative six months of a year. However, with elderly family visitors it may not be so obvious. She is perfectly entitled to come and go as she pleases but keep and eye on the total.

[doc_S]

Thank you very much Lucapooka, got your point.