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Query regarding Mom's visitor visa

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ash321
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Query regarding Mom's visitor visa

Post by ash321 » Tue Sep 07, 2010 1:25 pm

Please excuse me If I posted it on wrong place. I am a tier-1 migrant visa holder and sponsored my Mom for visitor visa, she got two years visa, but I came to know that she can stay here maximum for 6 months, is it right? and another query is she can travel with single ticket from India to UK ? or not?

gotcha
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Re: Query regarding Mom's visitor visa

Post by gotcha » Tue Sep 07, 2010 1:31 pm

ash321 wrote:Please excuse me If I posted it on wrong place. I am a tier-1 migrant visa holder and sponsored my Mom for visitor visa, she got two years visa, but I came to know that she can stay here maximum for 6 months, is it right? and another query is she can travel with single ticket from India to UK ? or not?
It's maximum 6 months in single visit or in a year. It's generally good idea to have return ticket when somebody is 'visiting'.

ash321
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Post by ash321 » Tue Sep 07, 2010 1:50 pm

thanks for reply, so it means she can stay only six months in a year?

if she can go and come back within six months every time it will be OK? she can come only for six months within a year?

geriatrix
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Post by geriatrix » Tue Sep 07, 2010 3:03 pm

Six in twelve months.


regards

ash321
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Post by ash321 » Tue Sep 07, 2010 3:37 pm

Thanks for reply.

I understand so far that once she come here and stay with us maximum six months then she can't come for another six months. is it right?
or she can travel every six months.

Thanks and Regards

MPH80
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Post by MPH80 » Tue Sep 07, 2010 4:36 pm

There isn't a hard and fast rule on this. The test for the ECO is that the person is a genuine visitor.

The 6 in 12 rule is a rule of thumb. Has the person been in the UK for more than 6 months in the last 12 ... probably not a visitor if they have.

But ... make multiple trips in and out that add up to 7 months and it's probably not a problem.

So - the question is - if she comes and stays for 6 months in one block, does she have to wait for 6 months before coming back? Not necessarily ... but if she does come back for another visit which would be longer than (say) a week or two - she would probably be denied entry.

M.

HRY2005
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Post by HRY2005 » Tue Sep 07, 2010 8:36 pm

I think the rule is she's not allowed to stay for more than a maximum of6 months per visit during the validity of the visa, not six months in a year.

I dont think it would be wise either for a visitor who comes to the UK, spent 6 months, return home and come back after another one month.
Live and let live

ash321
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Post by ash321 » Wed Sep 08, 2010 10:15 am

Thank you very much for the reply.

I cited from the UKBA website and it is mentioning that

"A general visit, business, entertainer or sports visit visa may be valid for 1, 2, 5 or 10 years. However, you are still only entitled to stay in the UK for a maximum of 180 days (6 months). A 2 year visit visa does not mean you are entitled to stay in the UK for 2 years, for example. We recommend that you limit your stay to the period stated on your visa application or to a maximum of 180 days within a 12 month period."

and my her passport showing duration of stay =180 days.

she came in july and going back in October.....duration of stay 120 days
planning to come back on first week of December....she can stay 60 days maximum

is that right? if she come in December and stay here for maximum 6 months ? her visa will be denied or not? what will be the consequences?

please clarify me.

MPH80
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Post by MPH80 » Wed Sep 08, 2010 10:55 am

if she come in December and stay here for maximum 6 months ? her visa will be denied or not? what will be the consequences?
If she turns up at the immigration desk and says "hello - I'm here for 6 months" ... they'll look at her previous visit and say "well - in that case - by the time you leave you're going to have spent roughly 10 months in this country".

That would probably be construed as attempting to settle on a visitor visa and deny her entry.

If on the other hand she turns up and says "hi - I'm here for a month" ... they might be ok with that.

It's all about guessing the intention. It will strongly help if she has a non flexible return ticket and good reasons to return if they start questioning.

There is a simple question the ECO is looking to answer:

Is your mum a genuine visitor to this country?

And the simple answer to that question is that a visitor does not spend the majority of their time here.

ash321
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Post by ash321 » Wed Sep 08, 2010 11:06 am

She is absolutely genuine visitor of this country and I never intend to abuse the system. she came here before two times and went back within the time limit and then I applied for long term visa.

The reason behind her long term staying is that she had car accident last year and made her disable. at 70 years age she can't leave alone in India. It is very difficult for her to stay alone there.

I am worrying because the rules are not allowing her to stay more although she have long term visa. any suggestions?

geriatrix
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Post by geriatrix » Wed Sep 08, 2010 11:14 am

ash321, if your mother attempts to stay in the UK for more than six months in twelve, then, from an immigration perspective, she cannot be considered a genuine visitor to the UK - irrespective of her age and/or medical condition.

As explained by others, any attempt to stay in the UK for more than six months -in one trip or multiple trips in a year - can be construed as abuse of the immigration rules and your mother may be denied entry in the UK and have her entry clearance cancelled.

A long-term family visit visa is for a longer duration (saves money as compared to applying for multiple short-term visa) but does not offer any benefit in terms of how much time one can spend in the UK. That limit remains the same - six months in twelve - for all family visit visas (6 months or 10 years validity).


regards

ash321
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Post by ash321 » Wed Sep 08, 2010 11:20 am

thank you very much for clear answer.

Is there any other category of visa for her?

geriatrix
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Post by geriatrix » Wed Sep 08, 2010 11:36 am

No, until you are granted settlement.


regards

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