Stay in UK > 06 months in a year for Family Visitor Visa

[vijayg]

Hi,

My mother-in-law has arrived in the UK from India in Jan 2016. She holds a 5 year Family Visitor Visa. We have booked a return journey in the end of June 2016 as we know that she has to return to India within six months.

But we would like to extend her stay beyond June 2016 for 2-3 months.

We are aware that the maximum stay PER VISIT should not exceed 180 days.

What I would like to know is, if I apply for a Schengen visa and take her to any Schengen country in June 2016 for a few days as a tourist and re-enter UK, can she stay in UK for 2-3 more months?

I also heard from my friends that the maximum stay is only 06 months days in a year. But when I checked this link https://www.gov.uk/standard-visitor-visa/overview, it is not explicitly mentioned that the maximum stay is only 06 months (180 days) in a year.

So, please advise whether I can apply for a Schengen visa as explained above an make her stay beyond 06 months in UK in a year.

Thank you.

-VJ

[noajthan]

Hi,

My mother-in-law has arrived in the UK from India in Jan 2016. She holds a 5 year Family Visitor Visa. We have booked a return journey in the end of June 2016 as we know that she has to return to India within six months.

But we would like to extend her stay beyond June 2016 for 2-3 months.

We are aware that the maximum stay PER VISIT should not exceed 180 days.

What I would like to know is, if I apply for a Schengen visa and take her to any Schengen country in June 2016 for a few days as a tourist and re-enter UK, can she stay in UK for 2-3 more months?

I also heard from my friends that the maximum stay is only 06 months days in a year. But when I checked this link https://www.gov.uk/standard-visitor-visa/overview, it is not explicitly mentioned that the maximum stay is only 06 months (180 days) in a year.

So, please advise whether I can apply for a Schengen visa as explained above an make her stay beyond 06 months in UK in a year.

Thank you.

-VJ

There is no connection between Schengen zone & UK.

A visitor cannot reside in UK by spending more time in UK (during a year) than in home country on a visit visa.

[vijayg]

Hi noajthan,

Thank you for our prompt response. Could you please let me know where this is mentioned explicitly?

Thanks.

[secret.simon]

It is not mentioned in so many words. However, the applicant is expected to have spent more time in their home country longer than they have been in the UK. So, a Schengen visit likely won't count.

Also see my response to an almost identical question a while ago.

Remember that though your mother has a five year visit visa, if the Immigration Officer at the airport/seaport/Eurostar station gets the feeling that she is residing in the UK rather than visiting, the visa can be cancelled on the spot and as that goes on her record, she would be unlikely to get a visit visa for the UK again.

[noajthan]

Hi noajthan,

Thank you for our prompt response. Could you please let me know where this is mentioned explicitly?

Thanks.

See

Assessing residence through successive visits
You must consider the following factors to assess whether the visitor is residing in the UK because of frequent, successive visits:

• The purpose of the visit and intended length of stay statedon the visitor’s visa application form or to the BorderForce officer.

The number of visits made over the past year (rolling 12 month period), including:

• the length of stay on each occasion
  the time elapsed since the last visit, and whetherthis amounts to the individual spending more time in the UK than in their home country

Ref: https://www.gov.uk/government/uploads/s ... 5.0EXT.pdf
- eg see page 17+

Also note...

Visitors, however, must not be living in the UK for extended periods because of frequent, successive visits.

For example, where an individual:
spends five or six months in the UK during a visit and returns after a short break in their home country for a further five or six months, or
is living in the UK for successive short periods and breaking this by leaving for a couple of days
- for example, someone living in the UK during the week and breaking this by leaving the UK at the weekends

[CR001]

She also can't apply or will face difficulties applying for a Schengen visa as she does not have the right to reside (i.e. a relevant visa NOT visitor) to be in the UK. Schengen visas usually have to be applied for in the country of residence.

[secret.simon]

I could be wrong, Char, but it seems that the OP, his wife and their child are all British citizens now (based on his post history). Presumably, they can apply for a free Schengen visa for his mother-in-law on the basis of Directive 2004/38/EC and that would be exempt from the requirement of the applicant being resident in her home country.

[vijayg]

Hi Simon, CR001 and noajthan,

Thank you very much indeed for your detailed responses. This helps a lot.

So, my MIL has to return to Home Country in June 2016 and visit UK next year that is anytime after Jan 2017 right?

Cheers.

[CR001]

Thanks SS, I wasn't aware that this applied to ALL family members, thought it was only spouse's.

Doesn't change the fact that leaving the UK for a few days and then re-entering for another 2/3 months is likely not going to work as then she is clearly 'residing' and not 'visiting'.

[vijayg]

Hi Simon,

Yes. You are correct. My wife, child and myself all hold UK Passport now.

But still after applying Schengen Visa for my Mother-in-law from UK, it is a breach to return to UK after visiting Europe right? She has to return to Home Country for sure.

Please correct me if I am wrong.

Cheers.

[secret.simon]

Remember that there is no 180 days rule. Keep the visits short and sweet. Remember that if she repeatedly comes for exactly 180 or thereabouts, her visa can be reduced, curtailed or not renewed.

Visits should be short, sweet and memorable, say between 2 weeks to a months twice a year. Six months of the year looks suspiciously like residence in the UK in the guise of a visit visa, which is not allowed.

One of the conditions of a UK visit visa is that the applicant (your mother-in-law) has such strong links to her home country that she returns there at the end of her stay in the UK. By going to the Schengen zone and returning, she has proven that she does not have strong links to her home country and the visit visa can be revoked on that ground alone.

[CR001]

She should not be 'residing' in the UK for extended periods or longer periods than she is residing in her home country, that is not the purpose of a visitor visa.

UKVI/HO is starting to clamp down on this due to people abusing the visit visa system.

[secret.simon]

It sounds, from the tenor of the questions, that you wish your mother-in-law to immigrate on a permanent basis to the UK. If your mother-in-law is dependent on you or your wife, you may wish to look at the Surinder Singh route for that.

Waiting for Wanderer's comments on mother-in-laws.

[Wanderer]

Waiting for Wanderer's comments on mother-in-laws.

All mother-in-laws are lovely!

I've had counselling.....

[secret.simon]

I've had counselling.....

There is a faint hint of that statement being made under torture.

[Wanderer]

I've had counselling.....

There is a faint hint of that statement being made under torture.

Yes, but I got to hang on to my testicles, not that there's much use for them these days......