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Can my father come back in less than 6 months?

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fantasyvn
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Can my father come back in less than 6 months?

Post by fantasyvn » Wed Aug 15, 2012 2:44 pm

Hi all,

My father has a two-year family visa.

According to what I read, a person can stay in the UK for up to 6 months, then come back home for another 6 months before going back.

Is it true? Does it mean that my father will have to stay in my home country for 6 months before he can come back to the UK?

Regards,

Lucapooka
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Post by Lucapooka » Wed Aug 15, 2012 2:57 pm

There is no way of knowing in advance how your father will be treated on his return to the UK. Why does he need to go back again (this a question for you to consider rather than one to which I am expecting an answer)? It will an arbitrary decision by the UKBA to permit his re-entry; one that depends on the reason he wishes to return so soon after a previous visit, the length of time he wishes to stay and the length and nature of his previous visits. People who come and go regularly (business visits) don't usually have a problem as the cumulative trips don't go beyond six out of twelve months. The problems arise when a person is effectively living in the UK by staying six months in one trip, but then leaving and re-entering for another six months.
Last edited by Lucapooka on Wed Aug 15, 2012 3:01 pm, edited 1 time in total.

cs95tdg
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Re: Can my father come back in less than 6 months?

Post by cs95tdg » Wed Aug 15, 2012 2:59 pm

fantasyvn wrote:My father has a two-year family visa.
There is no family visa category, as you have stated. Can you clarify what visa it is? I.e. is it for example a family visit visa that is valid for 2 years, which can be used for visiting family in the UK?

fantasyvn
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Post by fantasyvn » Wed Aug 15, 2012 3:06 pm

Hi cs95tdg, it was a visa for long-term visit (up to 2 years).

@Lucapooka: Based on your answer, I suppose my father should not come back, and that the 6-month rule still stands.

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longshift
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Post by longshift » Wed Aug 15, 2012 8:20 pm

There is no 6 month rule.....

Your father got a visitor's visa with multiple entries.... He can come and go as he please...

My father did that 3 times. Each time he stayed for more than 3 months. he went back and returned...

At border they did got suspicious as they thought he might be working here... They checked his luggage and everything on the third entry but he stayed firm. Because there was nothing to hide. He came back because he was very fond of my new born child. He wanted to spend time with him and thats what he said at the airport. They couldn't stop him coming as he got the visa.

So tell your dad to answer all the queries at the airport. They will ask him about his job/business back home and who is handling it in his absnce and all sort of questions. Just ask him to tell whats sensible. So long they are satisfied that your father is not coming here to work, they won't stop his entry.

And there is no 6 month rule. If they find your dad's activity suspicious, they can still ask question and stop entry after 6 months. It all depends on what he says to the immigration officer on the airport.

Lucapooka
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Post by Lucapooka » Wed Aug 15, 2012 8:35 pm

longshift wrote:There is no 6 month rule.....Your father got a visitor's visa with multiple entries.... He can come and go as he please...
You father may have been lucky and may have a different profile to that of another so you can't just assume that what happened to him is the way it go with everyone else. He was not staying for six mths in one go and it's not clear from your post how long he remained outside the UK between visits. However, it's clear thatanyone who spends 6 months in one go, and returns immediately, who is effectively living in the UK with his UK-based family, will raise a red flag. Here is the guidance on the UKBA site:
A long-term visit visa is valid for 1, 2, 5 or 10 years. The application fee is higher than for a short-term visit visa.

If we grant you a long-term visit visa, you are allowed unlimited entry into the UK for the time that the visa is valid. However, you can only stay in the UK for a maximum of 180 days during any 12-month period. For example, a 2-year visit visa does not entitle you to stay in the UK for 2 years.

We recommend that you limit your stay to the period stated on your visa application. If you spend long periods in the UK as a visitor, our officers may doubt your intentions.

If you breach the conditions of your entry to the UK, we may ban you from returning for up to 10 years.

If you apply for a long-term visit visa, we consider:

whether you can show a frequent and sustained need to come to the UK (such as family links or an established business connection);
whether your personal circumstances are likely to change significantly while the visa is valid - so you should give us as much evidence as possible that your circumstances will remain the same;
whether you have shown that you can support yourself in the UK without public funds, and that you intend to leave the UK at the end of each visit; andyour previous travel history as shown in a current valid passport.
You should think carefully before applying for a long-term visit visa. We may refuse the visa or issue it for a shorter period than you have applied for (if, for example, the evidence that you provide does not support a long-term visit visa application, or does not meet the visa requirements). If we refuse the application or issue the visa for a shorter period, we will not refund your application fee.

If you have not applied for a UK visa before, we advise that you should consider applying for a short-term visit visa first.

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longshift
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Post by longshift » Thu Aug 16, 2012 7:28 am

Lucapooka wrote:
longshift wrote:There is no 6 month rule.....Your father got a visitor's visa with multiple entries.... He can come and go as he please...
You father may have been lucky and may have a different profile to that of another so you can't just assume that what happened to him is the way it go with everyone else. He was not staying for six mths in one go and it's not clear from your post how long he remained outside the UK between visits. However, it's clear thatanyone who spends 6 months in one go, and returns immediately, who is effectively living in the UK with his UK-based family, will raise a red flag. Here is the guidance on the UKBA site:
A long-term visit visa is valid for 1, 2, 5 or 10 years. The application fee is higher than for a short-term visit visa.

If we grant you a long-term visit visa, you are allowed unlimited entry into the UK for the time that the visa is valid. However, you can only stay in the UK for a maximum of 180 days during any 12-month period. For example, a 2-year visit visa does not entitle you to stay in the UK for 2 years.

We recommend that you limit your stay to the period stated on your visa application. If you spend long periods in the UK as a visitor, our officers may doubt your intentions.

If you breach the conditions of your entry to the UK, we may ban you from returning for up to 10 years.

If you apply for a long-term visit visa, we consider:

whether you can show a frequent and sustained need to come to the UK (such as family links or an established business connection);
whether your personal circumstances are likely to change significantly while the visa is valid - so you should give us as much evidence as possible that your circumstances will remain the same;
whether you have shown that you can support yourself in the UK without public funds, and that you intend to leave the UK at the end of each visit; andyour previous travel history as shown in a current valid passport.
You should think carefully before applying for a long-term visit visa. We may refuse the visa or issue it for a shorter period than you have applied for (if, for example, the evidence that you provide does not support a long-term visit visa application, or does not meet the visa requirements). If we refuse the application or issue the visa for a shorter period, we will not refund your application fee.

If you have not applied for a UK visa before, we advise that you should consider applying for a short-term visit visa first.
As it states clearly, its a guidance and not a rule. Since, I have a live example of my father visiting UK back to back 3 times in 1 year. It could be a one of, I don't know.

But it is your choice whether your father want to do it. As I said, they did asked him few questions on his third visit and checked his lugguage to see anything suspicious for his visit. But he didn't got a ban or anything. His last visit to us was last november which was his 7th of the total. So the choice is yours.

partha5637
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Similiar Query - Looking for a immigration lawyer to respond

Post by partha5637 » Mon Aug 27, 2012 10:38 pm

My Mother's Visa Details:

• 1st Visa application:
Type: C-Family Visit, Period: 06/01/12 - 06/07/12
a) She stayed in UK from 20th Jan 12 to 25th May 12, i.e. for a period of 4 months (approx)
b) Having returned to India she applied for 2 years- Family Visitor visa on 06th June 12
c) 2 years visa request was granted
• 2nd Visa application:
Type: C-Family Visit, Period: 07/06/12 - 07/06/14
d) She came to UK on 26th June 12 and is currently staying with me
Queries:
a) As per the regulation that on visitor visa one can’t stay more than 180 during one visit, my mom needs to leave UK before 23 Dec 12 (as she came UK on 26 June 12). As my wife is pregnant (due in 07 Nov 12), it would be helpful if my mom can stay with us on continuous basis without going back to India. Is it possible to get exemption from this ‘180 days’ rule??
b) During my mom’s visa application (for 2 years duration), I checked with vfs-UK customer service whether there is any constraint on duration in staying in India on returning from UK and I was told that it would not be any issue and she could go back to UK even after staying for 1 day in India as long as her visa is valid. It doesn’t matter how long she is staying in India on return. I want to know whether it will create any problem at immigration check in UK??

I would be very obliged if the experienced members could clarity - especially if some immigration lawyers could respond to this in particular

Many thanks

Partha5637

gaurav76.5
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Post by gaurav76.5 » Tue Aug 28, 2012 11:21 am

first of all there is no way to get ecemption from 180 rule..

There are chances that your mother could be stopped at immigration counter and be asked several qustions...its your call but I would advise go by rules...

partha5637
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Please help me

Post by partha5637 » Sat Sep 08, 2012 9:02 am

Hi
I need a help from your esteemed members - I would like to consult with immigration lawyers who are active in the forum for my case.
Please can any immigration lawyer guide me - I am willing to contact him/her outside the forum once I am connected ..

Regards
Partha

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