180 Days Rule for Visit Visas

[blueskies89]

Dear Moderators and Member,

Can someone please clarify the 180 Rule for Visit Visas with the below immigration history.

My mum got a 5 year visit visa issues in May, 2017.

Please see the dates of her visit to UK during years 2017-2019

First Entry: 17 July 2017
Exit: 10 Oct 2017
Number of days: 92

Second Entry: 6 July 2018
Exit: 4 Nov 2018
Number of days: 121

Third Entry: 11 Aug 2019
Exit: 31 Dec 2019
Number of day: 142

Now, my question is: will we always calculate the 180 days period from:
17 July, 2017 to 17 July 2018 and then from
17 July, 2018 to 17 July 2019
17 July, 2019 to 17 July 2020 ???

OR

Will we calculate the 180 days period relative to her last visit i.e. from 11th Aug 2019 to 11th Aug 2020 she could spend 180 days? If that's the case and she decides to come and visit us on 1st July, 2020 then would she have to go back on 7th August, 2020 to her home country and then come back on 12th Aug, 2020 when her quota of 180 days refreshes?

Looking forward to hearing from all of you.

Kind Regards,
Blue Skies.

[Casa]

Your mother shouldn't be spending more time in the UK in a 12 month rolling period than she is spending in her home country.

[blueskies89]

Thanks for your reply casa.

Would you be able to answer this specific question please.

Now, my question is: will we always calculate the 180 days period from:
17 July, 2017 to 17 July 2018 and then from
17 July, 2018 to 17 July 2019
17 July, 2019 to 17 July 2020 ???

OR

Will we calculate the 180 days period relative to her last visit i.e. from 11th Aug 2019 to 11th Aug 2020 she could spend 180 days? If that's the case and she decides to come and visit us on 1st July, 2020 then would she have to go back on 7th August, 2020 to her home country and then come back on 12th Aug, 2020 when her quota of 180 days refreshes?

Thanks in advance.

Kind Regards,
Blue Skies

[CR001]

It is 180 days in ANY 12 month rolling period. It is not 12 months from date of visa issue or calendar months.

[Zerubbabel]

The 180 days rule is in any 12 months period. It's not from Jan 1st to Dec 31st.

Potentially someone can stay:

Sep - Oct - Nov - Dec 2019

Then:

Jan - Feb - Apr - May 2020


If you look from the perspective of civil years, the person stayed 4 months per year. This calculation is incorrect.

They look at it as the person stayed 8 months in a 12 month period (they ignore the boundaries between civil years). So there is a breach.

The 180 days rule is important but don't think you are 100% safe with 179 days.

When it comes to renew, she needs to show that is not making UK home by frequent and long visits. Otherwise, it will be difficult to get another visa.

The 5-year visa is not to spend 2.5 years in the UK. But it's merely a convenience given to people who need to come from time to time without applying for each visit.

[blueskies89]

Thanks a lot Zerubbabel