See some recent posts on visit visas in these forums here (
this,
this,
this,
this and
this for starters) and search for more threads on visit visa refusals.
The tipping point, as you asked for, between visiting and residing, is that there isn't one. It is a subjective evaluation by the ECO based on the specific applicant's pattern of behaviour.
This post summarises my belief of how an ECO evaluates a "visit".
"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.
Is your mother making frequent visits to the UK in successive years for extended periods of time? From your description, I would say, yes.
If she has been warned by the ECO, that is a bad sign in itself. That will mean that there is likely a comment on her records stating that she has been warned, which may lead to a refusal next time. And once a refusal is on the record, every subsequent application will be subject to further scrutiny.
I suggest getting your mother to submit
an SAR with the Home Office to see what comments have been put on her record.
And I suggest rationing your mother's visits to the UK to only important family occasions such as a wedding or a religious initiation ceremony, etc. I have a feeling that it is going to get much harder for her to "visit" you from now on.
EDIT: I agree with
Wanderer. My mother and father have been with me for a total of about eight weeks in the past eight years. I travel to visit them (in different countries; that makes a vacation for all of us) rather than the other way around. That way, the chances of them being refused when I need them the most (at the birth of a grandchild or a wedding, for instance) are minimised.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
