Family Visitor stayed more than 180 days

[desertman]

My parents got two years of family visitor visa, my father went back after staying 5 and a half months and came back again after one week. As on visa it is mentioned that maximum allowed for 180 days that is why he went back and returned to UK in one week to stay for two months more.

Someone told me NO he was not allowed to stay more than 180 days in a year, I checked on the UKBA site and it says the same.

Now as he already had spent more than 180 days in one year, what will be affect of that?

On his next visit to UK, can they trace his previous stayed days in UK?

And can that be cause of the refusal of his future visa if he applies again in future? (i am planning to apply for their dependent visa in a year)

Am I right in saying that staying more than 180 days in a year is not like staying illegaly in UK or breaking the law as it not clearly mentioned on the visa that either these maximum 180 days are in one year or in one visit.

Any advice please.

Many thanks.

[Lucapooka]

So far your father is within the rules and has not done anything illegal. The 180 day rule is arbitrary and somewhat self-regulatory from the point of view of the individual, and is always depending on the circumstances. In the case of your father, he is now legally entitled to stay for another six months (he can't be removed) as that is the period the officer gave him when he re-entered; otherwise he should have acted to curtail that, but he chose not to. But, as your father is now over the accepted limits of visit leave within a given year, he should be made aware that the UKBA will have sufficient justification (to exercise at their discretion) to refuse him entry on his next visit in the future, if that visit is soon after his previous visits.

[vinny]

See also case laws.

[desertman]

thanks for the advices.

So if he stays for one month more in UK, the total duration in a year will be 8 months. After his going back if he doesn't come soon after and come again after 9,10 months of his staying out of UK, will that not be a problem?

by this if we count total duration in two years that will not exceed 12 months. 8 months in first year 2 months in second year.

First Visit Duration: 5 months 20 days.
Stayed out side UK: 10 days.
second visit : 2 months
Outside UK: 10 months
third visit to UK: 2 months.

in this case will that be fine, or his future visit or visa will be refused on this basis?

thanks all

[Lucapooka]

There are people who effectively live in the UK by spending six months in, a few days out, and six months in. Some have even applied for ILR under long-residence on this basis after they have done this for 10 years. How they do it without being refused is anyone's guess. There are other people who have done as your father and been refused entry on the second re-entry. Each individual has their own reasons and needs to enter the UK and it's the (probably very difficult) job of the Border Force officer to assess the credibility of those needs on arrival. The guidance cites limits but those are discretionary. I would say that unless it's a regular business visitor, it's more difficult to keep re-entering with a long-term visit visa that it is as a national of a country who does not need to apply for visit entry clearance. All you do is be aware of the guidance, have a good reason for going beyond those limits, and hope for the best.

[desertman]

thanks Lucapooka,

I have read other details about the duration of stay as well, and I think if he goes back after staying 7 months in a year (5 + 2) with 10 days out side UK in between and doesnt come back after that within a year, that should be fine.

"There is no restriction on the number of visits a person may make to the UK and there is no requirement that a specified time must elapse between each visit.
The fact that a person has made a series of visits with only brief intervals between them is not, in the absence of any other relevant factors, sufficient reason for refusal."

In my father's case he just made one visit like this not the series of visits so that should not be a problem in future (My own guess)