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Visitor Visa - cool off period?

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gujalls
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Visitor Visa - cool off period?

Post by gujalls » Tue Aug 07, 2018 7:27 pm

Hi,

I have a 2 years visitor visa for my mom (age 65). Her first 6 months of stay will come to end in Oct and she will be returning to India. I have two questions?

Q1: Can she come back to UK in Oct/ Nov from India or does she need to wait for another 6 months to come back to UK?

Q2: If there is no cool off period - would the travel to EU and back to UK reset the 6 month period of continuous stay.

Thanks for your response.

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CR001
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Re: Visitor Visa - cool off period?

Post by CR001 » Tue Aug 07, 2018 8:25 pm

She cannot be spending more time in the UK than in India. Coming back so soon means she is residing and not visiting.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Visitor Visa - cool off period?

Post by secret.simon » Tue Aug 07, 2018 8:52 pm

gujalls wrote:
Tue Aug 07, 2018 7:27 pm
Her first 6 months of stay will come to end in Oct and she will be returning to India. I have two questions?

Q1: Can she come back to UK in Oct/ Nov from India or does she need to wait for another 6 months to come back to UK?
Section 4.2 of Appendix V of the Immigraton Rules requires that the applicant "does not live in the UK for extended periods based on frequent and successive visits".
Section 4.2 of Appendix V of the Immigration Rules wrote:V 4.2 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...
If the IO at the airport comes to the conclusion that your mother is breaking the Immigration Rules, s/he can have her sent back from the airport and/or can have her visit visa curtailed. Either of these occurring will also cause issues with any future UK visit visa application.
gujalls wrote:
Tue Aug 07, 2018 7:27 pm
Q2: If there is no cool off period - would the travel to EU and back to UK reset the 6 month period of continuous stay.
If she does not return to India, then that will mean that she does not have any strong connection to India and will make any future UK visit visa applications (which require proving strong connections to the country of normal residence) more difficult.
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.

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