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Family visitor visa for 5 years but only 1 year granted

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sw-nw
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Family visitor visa for 5 years but only 1 year granted

Post by sw-nw » Sat Mar 31, 2012 5:05 pm

My mum applied family visitor visa in China for 5 years. However, only 1 year was granted without any explanation.

She's been in the Uk visiting me before. I checked guidelines on ukba's web site, believe she met every enquiry and entitled for 5 years. So
1. I wrote an email to ask if they can reconsider the decision.
2. Asked them for explanation.

I don't think it would be easy to change decision, at least, I can know the reason for next time. Hope anyone can give some suggestions.

Plus, I understand maximum stay for once in the UK is 180 days (or 6 months), I would like to ask if it means
1. for every 12 months, maximum stay is 6 months or
2. after 6 months stay, she can go to Europe for a couple of days then re-entry the UK for another 6 months.

Thanks for looking.

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Sat Mar 31, 2012 5:12 pm

Long term visit visas are not a right and are given on a discretionary basis to regular travellers who have shown that they play within the rules.

The general rule is that visitors can spend only six months out of any given twelve. If someone tries to abuse that principle they will be refused entry.


Read the information 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; and your 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.

sw-nw
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Joined: Sat Mar 31, 2012 4:44 pm

Post by sw-nw » Sat Mar 31, 2012 8:13 pm

thanks for the quick reply. I saw the quote on ukba's website but couldn't locate it now. I did research it came up:

"There is no requirement for a person to have held a short term visit visa before being issued with a visit visa which has a longer validity. For example, an applicant does not need to have been issued with a standard six months visit visa before being issued with a five year visit visa. Unless there are grounds for not issuing a long term visit visa, the ECO should issue the visa applied for." http://www.ukba.homeoffice.gov.uk/polic ... 1/#header4

It also stated some conditions which I meet.

Any opinions?

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Sat Mar 31, 2012 8:37 pm

There is no requirement but there is also no right; it's at the ECO's discretion based on what he thinks is the necessity for such a visa and the risk of abuse, and when weighed against the rules. For example, a well-established businessman who had never been to the UK but had travelled widely to other countries to conduct business would perhaps have no trouble getting a 10 year visit visa straight off the bat.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Apr 01, 2012 1:38 am

The requirements for a visitor are the same, regardless of the duration of the visa.

It seems unfair to issue a one year visa when a five year visa had been paid for, especially when the visa fees are so different.

Wonder who is abusing the system, the ECO or the applicant?
VAT1.4 Visa validity - What period for a multiple entry visit visa? wrote:In all instances, if an ECO decides that a shorter validity of visit visa is more appropriate than the one applied for, the ECM should approve it and notes should be added to Proviso. In such cases, no refund (full or partial) is available. The ECO should ensure that clear explanatory information for the decision is provided in a covering letter when the passport is returned.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given 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.

sw-nw
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Joined: Sat Mar 31, 2012 4:44 pm

Post by sw-nw » Sun Apr 01, 2012 8:18 am

"In all instances, if an ECO decides that a shorter validity of visit visa is more appropriate than the one applied for, the ECM should approve it and notes should be added to Proviso. In such cases, no refund (full or partial) is available. The ECO should ensure that clear explanatory information for the decision is provided in a covering letter when the passport is returned."
Thanks for the quotation, I missed it bit but saw it now on the website. It's why I felt been cheated and angry, at least, they should give an explanation. On the other hand, are the guildelines ( http://www.ukba.homeoffice.gov.uk/polic ... 1/#header4) a kind of principle or law that can't be broken by case works or case works has every right don't use it?

pennylessinindia
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Posts: 565
Joined: Sun Aug 20, 2006 5:39 pm

Re: Family visitor visa for 5 years but only 1 year granted

Post by pennylessinindia » Tue Apr 03, 2012 2:41 am

sw-nw wrote:My mum applied family visitor visa in China for 5 years. However, only 1 year was granted without any explanation.

She's been in the Uk visiting me before. I checked guidelines on ukba's web site, believe she met every enquiry and entitled for 5 years. So
1. I wrote an email to ask if they can reconsider the decision.
2. Asked them for explanation.

I don't think it would be easy to change decision, at least, I can know the reason for next time. Hope anyone can give some suggestions.

Plus, I understand maximum stay for once in the UK is 180 days (or 6 months), I would like to ask if it means
1. for every 12 months, maximum stay is 6 months or
2. after 6 months stay, she can go to Europe for a couple of days then re-entry the UK for another 6 months.

Thanks for looking.
If your intention is to do as you say in section 2 is hardly surprising she was issued one year . However it may be an error and worth asking for it to be reviewed before she travels
pennyless

Lorie Walker
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Joined: Fri Sep 21, 2018 2:19 am
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Re: Family visitor visa for 5 years but only 1 year granted

Post by Lorie Walker » Fri Sep 21, 2018 2:23 am

Who & how do you as for reconsideration .. ??

I had a 2 year visa to the UK which expired last month .. my husband and children are British citizens yet im filipina .. I applied for a 10 year visa since we will need to travel quite frequently since my husband's parents are over 70 .. I paid the required 798 pounds and was only given a 6 month visa . ??? a 6 month visa cost 93 pounds .? I lost 705 pounds with no explanation at all .. surely this can't be right .. ??

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