Family member on 2 years visitor visa

[mando112]

Hi all,

I have a family member on 2 years visitor visa.

She had been here on other short term 6 month a visas few times before.

When she applied for the 2 years visa, it was mentioned she will stay fot 1 month to visit me and other family members but she stayed few month extra but left before the 6 month per year limit

My question is how is the 6 month per year calculated ? From day they enter or per calender year?

Would she have any issues re entering uk? She didn't break any laws or claim anything but rather stayed longer than what she said in visa application as we asked her but she left before 6 month.

Will there be any issues with she re entering uk?

I appreciate your help

[CR001]

12 months is calculated from the date of first entry on the 2 year visit visa.

She should not be spending more time in the UK in 12 months than she does in her home country as that is then not visiting but residing.

[mando112]

She was here for 5month and 25 days starting from last march.

Can she come back in april again for few month? She is visiting us and helping with baby sitting

All expenses paid by us

[CR001]

She may face questions, she might not.

Visiting is for 2-3 weeks or a month. Residing is 6 months.

She should also not be using a visitor visa to do child care.

[mando112]

Sure what other visas are available?

She is not doing child care but visiting us and other relatives but also helps with keeping the child

Is there any other categories?

[CR001]

Unless she qualifies for a student visa or a Tier 2 General, then no not really much option.

You don't say how old she is or which country she is from as there are other options but only available to certain people.

[secret.simon]

There is no 6 months out of 12 months rule. The rule is much more general. The visitor must not reside in the UK in the guise of a visit visa and must spend more time in the country of habitual residence than s/he does in the UK.

"4.2 (a) (c) (e) of Appendix V, Immigration Rules of Visitors" states:

The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes (these are listed in Appendices 3, 4 and 5); and
(d) will not undertake any prohibited activities set out in V 4.5 – V 4.10; and
(e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities such as private medical treatment.

Have a look at Subsection (b) above. Would an Immigration Officer at the airport look at her past travel history and conclude that the "visitor"is in fact residing in the UK in the guise of a visit visa? If he comes to that conclusion, he would almost certainly question her as to why she needs to come back so soon after a 6 month stay in the UK. He could curtail the visa or even cancel it outright and send her back via the next available flight.

If the pattern of the visitor staying in the UK for six months of the year persists, there is a good chance that she will be banned from coming to the UK altogether. I would suggest that the repeat visits are short and spaced out generously. Say two visits of under a month per year.

[Wanderer]

Think of it like this, 6 months os the VALIDITY of the visa, not the TERM of the visa.