Re-entry Into the UK

[HollyDay]

Hi everyone.

I've signed up here because I'm desperate for some answers. I've read through all of the UK gov website, written the American embassy in the UK, and received nothing useful from the latter, but a redirecting to the UK gov website, which is where I told them I couldn't find the answers I sought, so...yea.

Anyway, I am an American citizen and entered the UK on a visitor visa - actually, didn't need an actual visa, but have a stamp in my passport saying I have leave to enter for 6 months, as long as I don't claim benefits or work in the UK.

My question is, I initially planned on staying in the UK for a month, then travel through to the rest of Europe, but the weather has been exceptionally warm this summer (I have no tolerance for heat) and I decided to stay in the UK through to the end of August, when it get cooler elsewhere, then move on and travel to the other European countries.

My question is, I came into the UK in May of this year and will have gone through 4 out of the 6 months by the end of August/beginning of September this year. When I go on to my other travels through to Europe, if I travel there for 2-3 months and then return to the UK, does that mean I only have 2 months left of my initial entry stamp? And being gone for 2-3 months from the UK, does that reset the clock on the 6 months visa or...is it 6 months every 12 months or...how does it work?

I can't seem to find an answer to this exact issue anywhere.

Would really appreciate information and a link to where the applicable law is in effect, so I can keep it for future reference.

Thank you.

[Casa]

Yes, you will only have 6 months left of a permitted stay in the UK. as any time spent in mainland Europe won't re-set your clock. Hopefully you didn't state on your initial entry that you only intended to stay for a month as this could adversely affect your next visit.
For future guidance, as a rule of thumb you shouldn't be seen to be spending more time in the UK within a 12 month rolling period than you are spending in your home country.

Edit: Re-reading your post it appears that you may be intending to travel in Europe during the last 2 months of your visa. You must ensure that you return before the end of the 6 month period granted by the IO on your initial entry and also leave the UK before the end of the 6 months from date of your first arrival .
You return from Europe may flag up with the IO, so be prepared for questions.

[noajthan]

Hi everyone.

...

I can't seem to find an answer to this exact issue anywhere.

Would really appreciate information and a link to where the applicable law is in effect, so I can keep it for future reference.

Thank you.

Well if cold, wet, dreary floats your boat then you came to the right place (the country not the website which is ofcourse one of the coolest, most happening forums going).

Official Guidance to Immigration Officers:
Page 10 of 52 Published for Home Office staff on 08 January 2016

Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of
work

See paragraph V 4.2(b) of the visitor rules.

You should check the applicant’s travel history: how long are they spending in the UK and how frequently are they returning? You must assess if they are, in effect, making the UK their main home.

You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country
the purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK
• the links they have with their home country-consider especially any long term commitments and where the applicant is registered for tax purposes
• evidence the UK is their main place of residence, for example
o if they have registered with a general practitioner (GP)
o send their children to UK schools
• the history of previous applications, for example if the visitor has previously been refused under the family rules and subsequently wants to enter as a visitor you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK

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.

https://www.gov.uk/government/uploads/s ... e_v4_0.pdf

[HollyDay]

Yes, you will only have 6 months left of a permitted stay in the UK. as any time spent in mainland Europe won't re-set your clock. Hopefully you didn't state on your initial entry that you only intended to stay for a month as this could adversely affect your next visit.
For future guidance, as a rule of thumb you shouldn't be seen to be spending more time in the UK within a 12 month rolling period than you are spending in your home country.

Sorry, did you mean 2 months left of my original permitted stay? Not 6 months?

I don't recall saying one way or the other about the length of stay because I wasn't sure if I would be staying even shorter than originally planned. But beyond that, when does the 6 months reset? Is it 6 months every 12 months?

[Casa]

Sorry, yes my typo. I intended to write '2 months' remaining. See noajthan post for guidance. You wouldn't immediately be granted a further 6 months visit on re-entry after a brief stay outside of the UK.

[HollyDay]

Hi everyone.

...

I can't seem to find an answer to this exact issue anywhere.

Would really appreciate information and a link to where the applicable law is in effect, so I can keep it for future reference.

Thank you.

Well if cold, wet, dreary floats your boat then you came to the right place (the country not the website which is ofcourse one of the coolest, most happening forums going).

Official Guidance to Immigration Officers:
Page 10 of 52 Published for Home Office staff on 08 January 2016

Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of
work

See paragraph V 4.2(b) of the visitor rules.

You should check the applicant’s travel history: how long are they spending in the UK and how frequently are they returning? You must assess if they are, in effect, making the UK their main home.

You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country
the purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK
• the links they have with their home country-consider especially any long term commitments and where the applicant is registered for tax purposes
• evidence the UK is their main place of residence, for example
o if they have registered with a general practitioner (GP)
o send their children to UK schools
• the history of previous applications, for example if the visitor has previously been refused under the family rules and subsequently wants to enter as a visitor you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK

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.

https://www.gov.uk/government/uploads/s ... e_v4_0.pdf

Yes, actually, I love cold and wet temperatures, unfortunately, London got quite muggy in the past 1.5 months (my hair has never looked worse), so I came even further north to Scotland until the weather cools down in mainland Europe.

Is that why I can't find any information on the UK gov website, then? Because there is no such rule as 6 months in a 12 month period? I'm not making UK my main place of residence, but as I'm self-employed (I'm a writer, but pay US taxes, as my clients are American) and don't need to live anywhere specifically, I like to travel all over while I work on my laptop. I planned to be in Austria this month, but never knew it gets as high as 30-32 in the summer!

Also, my American money doesn't go as far in GBP as it would in Euro, so it'd be to my benefit to be on mainland Europe. However, UK does have the best weather for summer (imo!).

[HollyDay]

Sorry, yes my typo. I intended to write '2 months' remaining.

Ahh, right, then. Thank you.

[Casa]

Sorry, yes my typo. I intended to write '2 months' remaining.

Ahh, right, then. Thank you.

I also added to my post, but you were ahead of me. I fully sympathise with 'bad hair days'

[HollyDay]

Sorry, yes my typo. I intended to write '2 months' remaining.

Ahh, right, then. Thank you.

I also added to my post, but you were ahead of me. I fully sympathise with 'bad hair days'

Haha, aw, sorry to read that! I've often had to tell friends in the UK, "I SWEAR, my hair doesn't normally look like this!" The mop head thing is not a good look...