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C-visit visa, the 180days limit and the 12month rule

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hml9
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C-visit visa, the 180days limit and the 12month rule

Post by hml9 » Tue May 31, 2011 1:02 pm

Last year, my in-law (ukraine) obtained a C-Visit visa from 14/05/2010 to 14/11/2010 duration 180 days and she stayed from 04/06/2010 to 05/09/2010.

This year, she obtained a C-Visit visa from 17/05/2011 to 17/11/2011 duration 180 days and she arrived 27/05/2011 and her return flight is on 17/11/2011.

The immigration officer at Luton airport said that she was only allowed to stay 2.5 months. I don't understand why.

When does the 12month period start? Why would provide a visa valid longer if she was not allowed to stay that long.

Thank you for explaining the rules here,

Regards,

vinny
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Post by vinny » Tue May 31, 2011 1:21 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hml9
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Post by hml9 » Tue May 31, 2011 1:44 pm

those rules don't say when the 12month period starts from.

I would consider in her case that the period starts 04/06/2010 in which case it finishes 04/06/2011 and so she would not have spent more than 6months in that period.
Then in the period 04/06/2011 to 04/06/2012 it would be less than 180days.

It is very unclear,

thanks

Mr Rusty
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Post by Mr Rusty » Wed Jun 01, 2011 3:32 am

The judgement on how long she might stay was made by the Entry Clearance Officer who granted the visa, the opinion of the IO at Luton airport is irrelevant.

If she declared on the application that she was going to stay for nearly 6 months, and she was granted 6 months then she is fully entitled to stay for 6 months. Even if she declared a shorter period, if the visa says 6 months then she is breaking no law by staying that long.

The '6 months in 12' stipulation is not a law, it's merely guidance to assist the decision whether someone is a genuine visitor or not. The worst that could happen is that at some stage on a future application, the ECO might look at the length of time an applicant has spent in the UK and say, "hang on, in the last x years this person has spent more time in the UK than their own country, so are they a genuine visitor?" and then start looking in detail into their circumstances at home. He would also be expected to look more closely at an applicant who siad last time they were going for 2 weeks and stayed 6 months.

vinny
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Post by vinny » Wed Jun 01, 2011 10:54 am

The immigration officer at Luton airport said that she was only allowed to stay 2.5 months.
Did the IO vary her leave (31) to 2.5 months?
Last edited by vinny on Wed Jun 01, 2011 10:59 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hml9
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Post by hml9 » Wed Jun 01, 2011 10:58 am

Just verbally.
I can't see anything on her passport or visa about this,

Thanks Mr Rusty, I think I will not investigate this any more after what you said,

rds,

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