Hi Gurus,
I’m a Malaysian married to British citizen about 1.5 years ago. I can’t apply for spouse visa till early August this year when my husband meets the financial requirements for sponsor.
I have been in and out of UK multiple times since Dec 2014 as a tourist visiting family. Each entry I got stamp “leave to enter for 6 months…” Question is how do I calculate the number of days I can stay in UK without exceeding the 6months/180 days rule out of 12 months/365 days?
Please find below my visit history:
1. 20/12/2014 till 29/12/2014 (10 days)
2. 02/05/2015 till 09/05/2015 (8 days)
3. 18/09/2015 till 05/12/2015 (78 days)
4. 22/12/2015 till 08/03/2015 (77 days)
5. Now, I’m returning again in UK on 19/05/2016 and planning to stay for 73 days i.e. till 31/07/2016
I have done a lot of reading online and the available information is very confusing. Even in UK immigration site, the way it is defined is very vague.
Scenario 1: Is the calculation from the first entry stamp?
- (365 days) 20/12/2014 till 20/12/2015 : I have stayed for (10+8+78) 96 days
- (365 days) 22/12/2015 till 21/12/2016: I will be staying for (77+73) 150 days
Scenario 2: Is the calculation from the date of last entry and count backwards?
- (365 days) 19/05/2016 till 20/05/2015: I have stayed for (77+78 days) 155 days
Scenario 3: Is the calculation from the intended departure date and count backwards?
- (365 days) 31/07/2016 till 01/08/2015: I will be staying for (73+77+78) 228 days
If correct calculation is Scenario 3, I will be overstaying.
Please help, I do not want to have my spouse visa application rejected for over staying.
Thanks.
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