6 months in 12 month rule in Long Term Family Visit Visa ---

[TJ25]

Hi All,

I really need some expert advise on the 6 month restriction rule for the Family Visitor (General Visit) Multiple Visit visa which is typically granted for 6/12 months, 1 y, 2y, 5y or 10y.

Now, I understand the 6 month restriction rule out of 12 month period and also all the nitigrities around genuine visitor and rational for the 6 months rule. What I don't understand is that how is this 12 month period calculated exactly?

Let me first give a back ground of the situation here.

I have been living and working in UK on Tier 1 for last 5-6 years and my wife is also on her Tier 1. My parents come and visit us almost every year in summer and stay for us for 3-4 months and than go back. There has been couple of years in between they haven't came. So they come in as genuine family visitors and leave in above mentioned time. It has never happened that they have stayed more than 6 months in any of the 12 months period in last 5-6 years on their 3-4 visits to UK (as their duration of stay is always relatively small).

Initially for first time they came on 6 month visitor visa, than on a 1 year Family visa, last visa which they had applied was the Family visitor visa in Mar 12 for 3 years and it's expiring in Mar 14.

Last year they entered UK in Aug 14 and left after 3.5 months in Nov 14. Now, due to some unforeseen personal circumstances with me they would probably have to come back in Feb 15 beginning and stay till July 15 end (6 months)
So my question regarding 6 months rule is as per below:-


1. Since they were originally granted 2 year Family visa (exp in Mar 14), is the 6 month period counted in each 12 month period from date of visa validity till visa expiry ?
Or
2. Does it depends on the date of entry in UK and than count 12 months period from there after?

They entered UK on 1st Aug 14 and left on 18th Nov 14 -- so that's 3 months 18 days. If I assume 12 month period from 1st Aug than they can potentially come again for maximum 2 months 12 days till 31st Jul 15. As their existing visa is expiring on 7th mar 15, they will only be able to utilise another 1 month 7 days (assuming 1st Feb 15 re entry to UK) on the previous visa.

Assuming they can get another 2 year Family Visa (which we are planning to apply shortly) valid from Mar 15 to let's say Mar 17. Can they continue their stay in UK on basis of new visa till 31st July 15?

If I assume as per my point 1 above than they would only utilise 4 months 25 days on their old visa ( 3.5 months in 2014 and 1month in 2015). And as they will have new visa from Mar 15 onwards they will utilise another 4.5 months on the new one.

But if I assume point 2 above is correct than the would be staying around 9 months total split across 2 different visas between 1st Aug 2014 and 31st July 2015 in a 12 month period ( 3.5+1+4.5) which I am not sure is permitted or not.

Can someone please help me out here? I don't want to jeopardise their future visits to UK if they will be breaching the 12 month period rule by virtue of point 2 above. Obviously, this is an exceptional personal circumstance from my point of view for which they are required to come back again so soon this one time but UKBA may not consider the circumstances exceptional.

Just want to clearly understand this rule and if someone has got any email contact info of UKBA and can share that as well it would be really helpful for me. Really appreciate all of the forum expert members help in this regards.I have gone through a lot on net and on UKBA website and also on the immigration laws on UKBA website which is last updated in Nov 14 but can't get a clear answer on this. It just mentions the 6 months in 12 month rolling period but doesn't exactly explain how it is interpreted.


Please provide your expert opinion on this subject.

Best Regards
TJ

[vivekmarwah]

Hi, My 2 cents

Page 10 last statement at the following link states

https://www.gov.uk/government/uploads/s ... l_v1_0.pdf

"There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application."

Hence, if your parents have valid visa, they should be able to come back. It should not be a recurring think and they should not be staying in UK for a lot more than their home country.

Kind Regards

[fjk]

This thread is quite out dates. My question is, does 6/12 months rule still apply?

[CR001]

This thread is quite out dates. My question is, does 6/12 months rule still apply?

Yes it does.

[Wanderer]

This thread is quite out dates. My question is, does 6/12 months rule still apply?

Yes it does.

As does the genuine visitor 'test'.

[secret.simon]

Strictly speaking, there is no 6/12 rule. However, the visitor is expected to be visiting and not residing in the UK in guise of a visit visa. They are also expected to be spending more time in their country of origin than 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.

If the Immigration Officer at the airport comes to the conclusion that the visitor is residing in the UK in the guise of a visit visa, they can cancel the visit visa on the spot and have them sent back to their country of origin. As that would be on their record, that would also make it very difficult if not impossible for them to get a visit visa in the future. They would then have to miss out on the important occasions in their grandchildren's lives.

There have been threads from other people who have been refused visit visas after repeatedly staying in the UK for six months every year in the recent past. Look in the forums for those stories/threads.

So that your parents can come for the important occasions, such as birth of their grandchildren and other important family occasions, I would suggest rationing their visits to much less than six months in the year. Try something like a month every six months or so.

[gmkool]

Hi,
I have read through the thread and checked the UKBA site as well.

Can you ( Officials) please confirm me with the UKBA link that if a person has 2 year visit visa. He visits uk and stays for 1 month so after how long he can come back to UK.
1 visit should not be longer then 6 months but with a multiple entry 2 year visa , how soon the person visit again after 1 months stay?

I would appreciate if you can assist me.

Many Thanks

Regards,
GM

[CR001]

Strictly speaking, there is no 6/12 rule. However, the visitor is expected to be visiting and not residing in the UK in guise of a visit visa. They are also expected to be spending more time in their country of origin than 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.

If the Immigration Officer at the airport comes to the conclusion that the visitor is residing in the UK in the guise of a visit visa, they can cancel the visit visa on the spot and have them sent back to their country of origin. As that would be on their record, that would also make it very difficult if not impossible for them to get a visit visa in the future. They would then have to miss out on the important occasions in their grandchildren's lives.

There have been threads from other people who have been refused visit visas after repeatedly staying in the UK for six months every year in the recent past. Look in the forums for those stories/threads.

So that your parents can come for the important occasions, such as birth of their grandchildren and other important family occasions, I would suggest rationing their visits to much less than six months in the year. Try something like a month every six months or so.

Anything in the link that was provided not clear?