Dependant Visa and previous overstaying history

I'm currently in UK under Tier 1G visa and my wife has been staying with me under the visitors visa for about 4 months. She also visited me previously in this year and stayed with me in UK for another 2 months.

I've just learnt that though the visitor visa is for 6 months, she is not allowed to stay more than 6 months in one calender year. If this is true, is my wife in risk of being over stayed?

We are also currently in the process of applying the dependant visa under my Tier 1G visa. Will this (if she accidentally/mistakenly overstay her visa) affect her visa application at all?

Thank you all in advance for your help.

whybi wrote: I've just learnt that though the visitor visa is for 6 months, she is not allowed to stay more than 6 months in one calender year. If this is true, is my wife in risk of being over stayed?

Dont think thats true.

Read Part 2 - Persons seeking to enter or remain in the United Kingdom for visits

aruni4470 wrote:

whybi wrote: I've just learnt that though the visitor visa is for 6 months, she is not allowed to stay more than 6 months in one calender year. If this is true, is my wife in risk of being over stayed?

Dont think thats true.

There is an effective limit of 6 months out of any 12. For example, in the IDIs:

There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.

It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country

avjones wrote:

aruni4470 wrote:

whybi wrote: I've just learnt that though the visitor visa is for 6 months, she is not allowed to stay more than 6 months in one calender year. If this is true, is my wife in risk of being over stayed?

Dont think thats true.

There is an effective limit of 6 months out of any 12. For example, in the IDIs:

There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.

It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country

Thanks, can you please guide me to the link/document for future reference.

It's in the IDIs, on the Home Office site, in the "visitors" section.

avjones wrote:It's in the IDIs, on the Home Office site, in the "visitors" section.

Thanks.

@OP, it is better your wife returns before she completes 6 months in any 12 months.

Thanks all for the kind replies. I've been very busy at work so could not read all the replies properly till now.

So my wife might be effectively overstaying her visa at the moment.

Just have a couple of more questions.....please.

1. Will this affect our application for the dependant visa under tier 1 (we are planning to apply in next February)?

2. Should we state this in the application form that she might have overtayed her visa unintentionally (or by mistake)?

Thanks,

1. It may.
2. The form asks for details of previous travel history to UK, including duration. Answer honestly.


regards