2 years visa with multiple entry

[Moberkid]

There All,
I humbly ask your advice on my mother’s visa matter ,
She has 2 years visa multiple entry as visitor, so far her visa has 12 month before expiry but the visa states 180 days . She has been to UK 3 times , during all the 3 times she spent 5 months 15 days on all the 3 visits in total.
My question can she still visit UK even she has 1 year remaining on her visa.
Or she is only entitled to another visit but for 15 days only in order to complete the 180 days stating on her visa.
Please advise me
Many thanks
Mauro

[Casa]

There All,
I humbly ask your advice on my mother’s visa matter ,
She has 2 years visa multiple entry as visitor, so far her visa has 12 month before expiry but the visa states 180 days . She has been to UK 3 times , during all the 3 times she spent 5 months 15 days on all the 3 visits in total.
My question can she still visit UK even she has 1 year remaining on her visa.
Or she is only entitled to another visit but for 15 days only in order to complete the 180 days stating on her visa.
Please advise me
Many thanks
Mauro

Your mother shouldn't be spending more time in the UK in any 12 month rolling period than she is spending in her home country, as this would be considered as residing and not visiting. I'll leave you calculate whether that will be exceeded if she has a further extended visit.

[pratatwork]

Can i check if 180 Day period is in One calendar year or in one stay. My Mother is with me and her Visa is valid till Apr 2021. However she cannot go back to home country as we do not have anyone to take care of her. We plan to go back in Dec and her 180 days expire in Oct end. Hence if we go for a small holiday to some other country from UK , does the 180 Day period get renewed. Many thanks for response.

[CR001]

Can i check if 180 Day period is in One calendar year or in one stay. My Mother is with me and her Visa is valid till Apr 2021. However she cannot go back to home country as we do not have anyone to take care of her. We plan to go back in Dec and her 180 days expire in Oct end. Hence if we go for a small holiday to some other country from UK , does the 180 Day period get renewed. Many thanks for response.

It is 180 days in a 12 month rolling period. It is NOT a calendar 12 months. She cannot be spending more time in the UK than she does in her home country. A 2 year visitor visa does not mean she can stay longer or for 2 years etc.

She risks being refused entry if the IO sees that she is using a visitor visa to 'reside/live' in the UK. She would have had to prove ties to home country and evidence of independence. Did she lie in the form?? How long did she state in her application for a visa that she would be staying in the UK?

[pratatwork]

Thanks for the reply. Her visa came into effect from April this year. So if we travel outside in Aug , I am hoping she has met the 12 Month rolling. Also , we do not intend to stay beyond Dec 2019. So effectively it will not be a regular visit to UK.

[Casa]

No, short visits outside of the UK don't re-set the permitted stay. The 180 days spent in the UK is calculated in a 12 month rolling period, not in a calendar year.

If your mother leaves the UK in attempt to break the residence period, she may well be refused entry on her return. Spending longer than a total of 6 months in a rolling 12 month period may result in a refusal for visitor visa applications in the future.

How long did she declare to UK Border Control that she intended to stay on her current visit

Edit: Beaten by CR001...I lost connection in the middle of typing by reply.

[pratatwork]

And no she did not lie in form.

[pratatwork]

Like i said we stated 6 Months. If this is not permissible then i will plan accordingly.

[pratatwork]

And can you advise what a rolling 12 month is counted as

[Casa]

And can you advise what a rolling 12 month is counted as

For example, if a visitor's entry date is 01.01.2019 the 12 month period would be 01.01.2019 to 30.03.2020

ALL time spent in the UK during this period would be counted.

[pratatwork]

Do u mean 01012019 to 31122019

[Casa]

Do u mean 01012019 to 31122019

No! That's a calendar year

You count 12 months from the date of entry. I've simply used April to March as an example of a 12 month rolling period.

[CR001]

And can you advise what a rolling 12 month is counted as

For example, if a visitor's entry date is 01.01.2019 the 12 month period would be 01.01.2019 to 30.03.2020

ALL time spent in the UK during this period would be counted.

Ahhh, I think you mistyped 01.01 instead of 01.04.

[Casa]

And can you advise what a rolling 12 month is counted as

For example, if a visitor's entry date is 01.01.2019 the 12 month period would be 01.01.2019 to 30.03.2020

ALL time spent in the UK during this period would be counted.

Ahhh, I think you mistyped 01.01 instead of 01.04.

Sorry for causing the confusion..my typo.

[CR001]

And can you advise what a rolling 12 month is counted as

For example, if a visitor's entry date is 01.01.2019 the 12 month period would be 01.01.2019 to 30.03.2020

ALL time spent in the UK during this period would be counted.

Ahhh, I think you mistyped 01.01 instead of 01.04.

Sorry for causing the confusion..my typo.

Some tea Casa?

[pratatwork]

Casa n CR001 any potential solutions to my issue

[CR001]

Casa n CR001 any potential solutions to my issue

She must not be spending more than 180 days in the UK in ANY 12 month period, counted from date she entered the UK.

Unfortunately in the past, many people used the longer term visitor visa to bypass the must stricter immigration rules for older family members and hence they are quite strict now. If she is refused entry to the UK after a short holiday outside the UK in an attempt to 'reset the 12 months', her visa could also be cancelled and she could face difficulties in the future in getting another visitor visa.

If she has 'care issues', I hope she is not using the NHS for free.

[pratatwork]

By care issues i mean no support system. She is travelling with an insurance so no freebies.

[secret.simon]

And can you advise what a rolling 12 month is counted as

Essentially, the rule is that in the immediatly preceding 12 months (of any day), your mother should not have spent more than 180 days in the UK.

So, after her entry into the UK, she can spend a maximum of either the amount she stated on her visit visa application or 180 days (whichever is less) and then she must reside outside the UK for at least the same amount of time as she spent in the UK.

Even if she exceeds the amount of time that she has stated that she will visit on her visit visa application, she may have issues when it comes to renewing her visit visa. She may also have issues renewing her visit visa if she resides in the UK for six months at a stretch. That would be seen by the UKVI as residing, not visiting and that is expressly forbidden by the Immigration Rules.

The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
...(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home;

Other (non-immigration) explanations of rolling period;
https://www.quora.com/What-does-within- ... eriod-mean
https://www.quora.com/In-payroll-what-d ... r-sick-pay
https://forums.moneysavingexpert.com/sh ... ?t=5702121

[pratatwork]

@secret.simon - Thanks for your response but you do not mention the rolling period. So if we leave UK after 5 months for a week and come back , is that ok. Then we leave on 7th Dec not to be ba k in immediate future. She has a 2 year multiple entry Visa

[Casa]

Note the following from the Home Office's guidance for Entry Clearance Officers on assessing the issue or refusal of a visitor visa or for the Immigration Officer at UK Border Control to refuse entry:

 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 ‘de-facto’ residence in the UK.

Cumulative time = combined time. i.e all time spent in the UK added together.

[secret.simon]

So if we leave UK after 5 months for a week and come back , is that ok.

That depends on how you will convince the Immigration officer at the airport that your mother is visiting again, after having already spent five months in the UK (which by UK standards is well-above the duration of a visit, which is generally 2-3 weeks at a stretch) and not residing in the UK. The Immigration officer would also need to be convinced that your mother would leave again at the end of her visa.

There is a reasonably good chance that your mother will spend a lot of time in the immigration section of the airport. The Immigration Officer does have the power to cancel the rest of her two year visit visa on the spot (no, you do/she does not get a refund of the fees) and this may negatively impact all future visit visa applications.

Here is a post I had written on the topic a while ago, but which still holds true.

Why would you want her to return after a week abroad? Are you planning to take her on a European tour? If so, it may make more sense for her to fly out of a continental European airport. You can take her luggage with you and her on the trip and store the luggage at the luggage counter of the appropriate airport. Most airports (and even train stations in Germany) allow you to store luggage with them for up to a week.

EDIT: Adding to Casa's post, note that the assessment done by the Immigration Officer is not a mathematical one (whether the person has exceeded 180 days in total), but whether the person's "visit" amounts to defacto residence in the UK. Therefore even if the person has not reached 180 days, if the person keeps repeatedly returning to the UK within a short period of time (note the bit in the Rules about "successive visits"), the IO can refuse the person entry into the UK.

[Casa]

Can i check if 180 Day period is in One calendar year or in one stay. My Mother is with me and her Visa is valid till Apr 2021. However she cannot go back to home country as we do not have anyone to take care of her. We plan to go back in Dec and her 180 days expire in Oct end. Hence if we go for a small holiday to some other country from UK , does the 180 Day period get renewed. Many thanks for response.

@secret.simon The OP's intention of taking a short holiday outside of the UK is an attempt to re-start the permitted stay of up to 180 days (leaving close to 2 months after the current 6 month stay ends). My concern would be a potential refusal on re-entry

[secret.simon]

Can i check if 180 Day period is in One calendar year or in one stay. My Mother is with me and her Visa is valid till Apr 2021. However she cannot go back to home country as we do not have anyone to take care of her. We plan to go back in Dec and her 180 days expire in Oct end. Hence if we go for a small holiday to some other country from UK , does the 180 Day period get renewed. Many thanks for response.

@secret.simon The OP's intention of taking a short holiday outside of the UK is an attempt to re-start the permitted stay of up to 180 days (leaving close to 2 months after the current 6 month stay ends). My concern would be a potential refusal on re-entry

Even if the mother is allowed in once (in itself unlikely, as Casa has mentioned above), her visit visa will almost certainly be cancelled on her second attempt to re-enter the UK and all future visit visa applications will likely be refused. It would be far too obvious and blatant an attempt to get around the Immigration Rules.

[pratatwork]

Thanks all. Rather than risking future visits I would play safe and take her back. Thanks for all the advise and assistance.