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tier-1
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q

Post by tier-1 » Sat Nov 01, 2014 1:43 pm

Hello All,

I have got into this crisis suddenly yesterday as my mothers visa got refused.

Just to set the background, my mother was in London this year, from 22-Jan to 27-May-2014, on six months family visitor .We applied for a six months family visitor visa again, starting from 31-Oct-2014.

The decision letter says that she cannot stay for more than 6 months in 12 month period or more than 10 months in 15 month period. I am able to understand the 6 months in 12 months but what is 10 in 15 month period?

Are there any more further conditions similar to this. What is the best next fastest way for me to get my mother in UK. Should I re-appy for a visa starting from 28-nov-14

Basically my wife has got intern-ship offer and we wanted my mother to look after our baby. If there is no-one then she will have to drop the opportunity, which is really harsh as she had to really struggle hard to get this. As the baby only 10 months old, we are not comfortable with the child minder or nursery. There is a cost as well to that which looks very high.

batleykhan
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Re: familily visitor visa refused

Post by batleykhan » Sat Nov 01, 2014 1:49 pm

I am afraid a visitor can only spend 6 months in a 12 months period. Those are the rules and have been in place for sometime.If you were not to have this rule, people would spend all their time in the UK.

tier-1
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Posts: 180
Joined: Sat Apr 30, 2011 10:38 pm

Re: q

Post by tier-1 » Sat Nov 01, 2014 2:10 pm

Thanks for your reply.

So given that my mother left UK on 27-May-2014, (even though the visa was valid till 22-July), If she applies for a visa starting from 28-Nov, Will that be okay, as far as this rule is concerned?

Also my father was in UK for two weeks only, leaving on 27-May with my mother. Do you think he will not be given visa, for the same reason?

physicskate
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Re: q

Post by physicskate » Sat Nov 01, 2014 5:20 pm

tier-1 wrote:Thanks for your reply.

So given that my mother left UK on 27-May-2014, (even though the visa was valid till 22-July), If she applies for a visa starting from 28-Nov, Will that be okay, as far as this rule is concerned?

Also my father was in UK for two weeks only, leaving on 27-May with my mother. Do you think he will not be given visa, for the same reason?

Unfortunately, visitors should also not be used for child care in this way... the law sees this as taking employment away from settled workers.

tier-1
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Time related clause for family visitor visa

Post by tier-1 » Sat Nov 01, 2014 6:40 pm

Thanks PhysicsKate for reply.

I am aware of this. I did not mention this anywhere in the application. It's absurd through. I am absolutely not keen on giving a child who cannot speak and understand to an outsider.

Can you please help me on my questions as to when can my mother/father apply to be out of this time related clause. I will be really thankful as my wife would rather drop the intern-ship offer than give the baby to an outsider.

Many Thanks for your help on this.

MPH80
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Re: q

Post by MPH80 » Sun Nov 02, 2014 6:25 pm

Interesting that they are citing those timescales - I wasn't aware they were back in formal guidance. In theory - yes - the date you put is the right date.

The problem you have is this:

1) You admit the purpose of the application is childcare. The application is declined.
OR
2) You don't admit the purpose is childcare but get found out during the application - parent gets 10 year ban for deception.
OR
3) You don't admit the purpose, get the visa, but get caught out on the next or future application - parent gets a 10 year ban for deception
OR
4) You don't admit the purpose is childcare and don't get found out ever. You get lucky.

The immigration officially are very aware of how many parents do these long trips to allow for childcare and one of the specific things they look for is the employment status and current childcare arrangements of the parents of the kids. I'm, personally, not sure it's worth the risk of the ban.

There are plenty of parents who put their 9 month old children into childcare when they return to work after maternity leave. I'm not sure I see why your child is special in that regard - it might be your preference - but then you are also considering bringing your mother in law to work for you - which is how UKBA and the law see it - unpaid work - so given you're already considering breaking the immigration rules I don't think I'm going to persuade you otherwise, but I won't help further either.

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