U.K. 6 months visa entry Rule explanation

[talharana78]

Dear Gurus
My wife is US citizen , she came in July 2016 in uk and 6 months leave to enter stamped on her Pasport .we stayed 3 days in London and then flew to France for holidays
Which also is visa free for US citizens.
We came back to Edinburgh on 21 July and then she stayed till 20 August 2016 she left for USA. On her arrival back on Edinburgh air port they didn't give leave to enter again.

She is is coming back to visit me again on 27th October ...
My question is that, because she came here in July 2016 and they issued 6 month leave to enter.. Was that leave expired when she left the UK ON 20th August? And this time she will get new 6 month leave to enter or still the first one is valid and she
She will have to leave in January .
I want her to stay with me 6 months but I am not sure what will happen this time , whether a new 6 month leave will start or she will have to go back.
Pls HELP. I already book the ticket for her at the END of this month. After 6 months I will apply spouse visa.
Your advise is highly appreciated
Regards

[Casa]

The Immigration Office at the port of entry may be concerned about her successive visits.

She may well not be granted a new 6 month period of stay as this would mean she would have spent more time in the UK in a 12 month rolling period than she has spent in her home country.

Are you aware that you are unable to submit a spouse settlement visa from within the UK?

[CR001]

6 Months is not 'visiting'. It is 'residing'. Staying for 6 months, UKVI might question whether she is a genuine visitor.

Why not apply for a spouse visa? What is your immigration status?

[talharana78]

So you mean on her arrival this time she will be considered
Under 6 month already given? and not a new 6month leave.

I am on ILR, she has her sister here who is pregnant as well as husband , would this convince the immigration officer, because
She is visiting family here, Infact she will take care of her for couple of months, if that's ok.
What is this rolling 12 months period pls, I have no idea about it.
And yes I would apply for her spuse visa from USA , But after few months.
Great full for your answers

[CR001]

A visitor cannot be seen as spending more than 6 months in any 12 month period in the UK, that is not 'visiting' but 'residing'.

She has to convince the IO that she is a genuine visitor and has ties to her home country, which to be honest, with husband and pregnant sister here, is not looking very convincing.

She cannot be someone's 'carer, paid or unpaid, she is not allowed to work in any form, for anyone, even family.

She might be seen as trying to circumvent the rules.

[talharana78]

Thanks so much. This was real eye opener.
Just one more thing she in total spend approx one month
Here , so can she stay 5 more months here if not six,
As you said cant stay more than 6 months, and she alredy spent
One month, how this sounds?

[Casa]

"the cumulative period of time the applicant has visited the UK and their pattern
of travel over the last 12 month period, and assess whether this amounts to ‘defacto’
residence in the UK"
AND
"Frequent or successive visits: how to assess if an
applicant is making the UK their main home or place of
work
See paragraph V 4.2(b) of the visitor rules.
You should check the applicant’s travel history: how long are they spending in the
UK and how frequently are they returning? You must assess if they are, in effect,
making the UK their main home.
You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay
on each occasion, the time elapsed since the last visit, and if this amounts to
the individual spending more time in the UK than in their home country
Page 11 of 52 Published for Home Office staff on 08 January 2016
• the purpose of return trips to the visitor’s home country and if this is used only
to seek re-entry to the UK"

https://www.gov.uk/government/uploads/s ... e_v4_0.pdf

[noajthan]

A visit is a 'couple of weeks'.

What was said to IO on entry? That could have been recorded for future reference.

[talharana78]

He Asked again and again from her when she is leaving
She said after one month and he asked for a specified date
Then she mentioned a date at the end of July 2016 but she stayed till 20th August.
I have just read about family visitor visa which is valid for 6 months and cost only 85 pounds I think I should go for that and
Shouldn't take any risks.

I hope this will solve the issue and will not have any consequences for any after visit to uk.

Thanks for your help GUYS.

Regards

[Casa]

Wise to apply for a visitor visa pre-travel. The extended stay from the period stated to the IO will be on record and may not bode well.

"the duration of previous visits and whether this was significantly longer than
they originally stated on their visa application or on arrival - if this is the case,
you should not automatically presume that the visitor is not genuine, but this
may be a reason to question the applicant’s overall intentions"

[CR001]

I have just read about family visitor visa which is valid for 6 months and cost only 85 pounds I think I should go for that and
Shouldn't take any risks.

This won't change anything, it is the same as what she already got upon arrival. The only difference is that a lot of nationalities have to apply for a visa BEFORE they can travel, your wife does not. The exact same conditions and criteria apply. She still 'visit' for 6 months. She has to provide documentary evidence of her ties to her home country (job, bank statements, family ties, property, etc).

He Asked again and again from her when she is leaving
She said after one month and he asked for a specified date
Then she mentioned a date at the end of July 2016 but she stayed till 20th August.

This detail would have been recorded. The fact she stayed longer than stated is also not a good sign.

[talharana78]

So what is best thing to do now, char is right 6month family visa
Was the same when she already got on arrival,
What option is left then?

[Casa]

I would apply for the visitor visa, which if granted would avoid the risk of being refused entry by the IO on arrival.

[talharana78]

Do you think they would give it if applied? And won't return
The application by saying the 6 months visa free entry is allowed upon entry.
And as its all online process do you think that the system will allow to go forward if put US citizen and uk visa for 6months entered. I personally it won't let it go next step.
Serious situation... No other alternative ?