Apply for UK Tourist Visa while having an existing one

[tier1_king]

Hi ,
My mother has a valid UK tourist visa until May 2017 (2 yr visa granted in May 2015).
We would like to have her in the UK specifically between Feb 2017 and July 2017.
So we might have to apply for her visa again as her visa ends in May 2017.

There are 2 options, I would need your valuable advice on these options :
Option 1 : Apply for a visa starting from May 2017 assuming home office will not cancel her existing visa (as some of the schengen countries do )

Option 2 : Apply for a visa starting from Feb 2017 (until Feb 2018) which will conveniently cover the required 6 month period but the home office might not be happy we are applying for another visa with a huge overlap

Can someone please advise about the best option and also please confirm if the home office has the practice of cancelling current visas if you apply for an overlapping period ..

Any response would be very much appreciated, Thanks very much in advance !

[secret.simon]

My mother has a valid UK tourist visa until May 2017 (2 yr visa granted in May 2015).
We would like to have her in the UK specifically between Feb 2017 and July 2017.

What is the specific reason for extending her visa from May through July 2017?

Be aware of the Immigration Rules for visitors.

"4.2 (a) (c) (e) of Appendix V, Immigration Rules of Visitors" states:

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.

Even after getting the visit visa, if the Immigration Officer at the airport comes to the conclusion that the visitor is residing in the UK in the guise of a visit visa, they can cancel the visit visa on the spot and have them sent back to their country of origin. As that would be on their record, that would also make it very difficult if not impossible for them to get a visit visa in the future.

There have been threads from other people who have been refused visit visas after repeatedly staying in the UK for six months every year in the recent past. Look in the forums for those stories/threads.

[tier1_king]

Hi Simon,
Many thanks for your response , much appreciated

What is the specific reason for extending her visa from May through July 2017?

We are expecting a child in Feb 2017 and hence the reason for my mom visiting around that time ..

I am confident she would not be classed as a frequent visitor as she has stayed on an average for less than 2-3 months per annum in the past 3 years (max 1 visit per annum) .. Also we are mindful of the six months in any calendar year rule and ensure she is not overstaying anytime ..

Can you please advise if there is a practice with the UK home office to cancel existing visa while we apply for a new one with an overlapping period ? This is the main thing i wanted to know if such practices exist with the UK embassy. Please let me know

(The reason to ask is this is because it happened to me with French embassy - I had a visa until Aug 29 2011 and when i applied for a new one starting Aug 27 2011 , they asked me to cancel the old visa with the embassy and then apply for the new one )

[secret.simon]

I do not know the Home Office rules regarding cancellation of visa before extending it, but Home office caseworkers apply the rules dispassionately. To maximise your chances of getting a visa, think like them, critically, after having left your emotions at the door.

How would your mother staying here for two extra months benefit her or the child (her grandchild) any more than the four months that she would have on her existing visa anyway?

And given the grounds for the application, does that not sound like residing in the UK as opposed to visiting?

I would say that applying for a new 2 year visa immediately on the expiry of or while the previous one is still running would weaken the chances of getting a new visa, because it indicates the possibility of "frequent and successive visits".

[tier1_king]

Thanks simon once again ..

Any one else there if you were in similar situations or have an idea of cancellation of visas, if can you please share your experience it would be much appreciated .. thanks

[CR001]

As far as I am aware, the new visit visa will likely cancel the existing one.

[cs95tdg]

Reading the two options proposed, I'm not sure how either of them would be seen by a HO case worker. I'd tend to agree with secret simon on the area around the duration of the visit being construed as residing rather than visiting.

If it were a shorter duration, then I would have proposed providing a cover letter explaining the reason for new visit visa application with a travel plan & period, leaving it up to the HO to decide whether to cancel your current visa and then issue a new one for the period required. But it's ultimately a decision for you to make.

A bit of personal experience. I've held two valid UK visas that had a overlap in validity period in the past, but they were for two different travel purposes. I.e. Different types of visas not the same type (so in that instance at least the previous visa was not cancelled at the time of issuing the next one). Not quite the same as what you are attempting here, so can't give you a clear answer.

Like the schengen visa process you've mentioned, I've had a US visa cancelled when applying for another US visa. They actually ask if you have any other US visas, irrespective of visa type, in current or previous passports when attending the visa interview and cancel them then and there. So they appear to follow a somewhat similar process to the schengen states.

[mayssa]

Hello

I am currently having this dilemma of applying a visa to the Uk while having an existing one, however, the overlap is not huge which around 20 days. Please, can you update me on what was your experience in applying for a new visa?