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re-visiting UK within twelve months on a family visit visa

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praveenkarajgi
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Posts: 3
Joined: Wed Apr 06, 2016 1:37 pm

re-visiting UK within twelve months on a family visit visa

Post by praveenkarajgi » Wed Apr 06, 2016 1:56 pm

Hello advisors,

My question is regarding re-visiting UK for an adult person on a family visit visa long term ten years.

My mother 69 years of age has a family visit longterm visa stamped April 2014 valid until April 2024.
My family & myself reside in the U K as British citizens through naturalisation in 2013.
My mother visited us on her family visit visa from 12th June 2015 to 5th December 2015.Prior to this visit her last visit was in 2013 for five months from Feb - June 2013.

I would like to clarify if my mother can visit UK on the same family visit visa any time between May-July 2016 or does she have to wait until December 2016 for the twelve months to pass from her last return.

thank you,
Praveen.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: re-visiting UK within twelve months on a family visit vi

Post by Wanderer » Wed Apr 06, 2016 2:10 pm

Never a good idea to stay for the full six months in one go.
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: re-visiting UK within twelve months on a family visit vi

Post by secret.simon » Wed Apr 06, 2016 8:46 pm

I concur with Wanderer in cautioning against such long visits to the UK.

The rules for visit visas are broad and generalised and not quite as nuanced as those for immigration. Broadly, the visitor is expected to be resident in his home country for longer than in the UK. And they disallow residing in the UK under the guise of a visit visa.

Have a read of the detailed guidance notes, particularly Section 4.2(b).
V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and
(d) will not undertake any prohibited activities set out in V 4.5 – V 4.10; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.
By repeatedly visiting the UK for six months at a time, your mother is giving the appearance of residing in the UK with you.

Visit visa are meant for short visits, like the ones most British make to their family home for Christmas; short, memorable and rare. Two-three visits of between 2 weeks and a month sound like a visit. Six continuous months every year sounds like residence.

Be aware that although she has a ten year visit visa, it can be revoked at the airport by the Immigration Officer if he feels that the person has a pattern of residing in the UK rather than visiting. So, just having a visit visa is not enough to be guaranteed entry into the UK. Also, if cancelled on these grounds, there is a good chance that all subsequent visit visa applications may fail.

Also see similar cases on these forums.

http://www.immigrationboards.com/genera ... 00084.html

http://www.immigrationboards.com/genera ... 95597.html

If she is visiting, why not have a vacation in continental Europe with her and the whole family? That is how I meet my family members. That makes it memorable for them and at the same time, does not run foul of UK Immigration Rules. That way, if they need to visit me in the UK for important occasions, such as for the birth of their grandchild or for a family function, they can.
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.

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