Annual days allowed to stay for UK family visitor visa

[anuptosh]

Hi ,

My mother came to UK on a 6 month family visitor visa in Aug 2010 and went back to India in Feb 2012 , she stayed for almost 5 months with me in UK.

I am planning to re-apply family visitor visa for her in end of Feb 2012 for a 6 month or a 1 year visa. I wish her to be here to attend my son's 1st birthday in March.

I have two questions here :

1. Can i re-apply for visa for her. I heard from someone that the total length of stay cannot be more than 6 months in one year. Also , this one year - is it from the 1st visa start date or 12 calendar months.

2. The first visa applied was for 6 months. Can i apply for 12 months visa this time. I hope it does not get into rejection stage.

Thanks in advance.

Regards


anuptosh

[Lucapooka]

Long term visit visas, given by discretion to regular visitors, offer the convenience of not having to continually re-apply for a new visa every time they wish to enter the UK; they do not grant a visitor permission to remain more than six months. She can visit for six out of twelve months (single continuous six month period or aggregated multiple periods amounting to a total of six months) in the annual cycle that began on her initial entry. If she applies now having recently spent five months in the UK (you say she has just left in Feb 2012) there is a very real chance that her visa will be refused unless she can show the valid reason for returning as a genuine visitor so soon after a long visit and the length of time she wishes to spend further. It's not permitted to effectively live and reside in the UK on a visit immigration category by taking only short trips outside the UK.

If Feb 2012 is a typo and you mean Feb last year then she will have no problems getting a new visa now but the long-term version may not be issued to her as she has not been a regular traveller to date. If it is, the six months out of twelve rules will still apply.

[anuptosh]

Thanks for the information.

Sorry, Correction - My mother came to UK on a 6 month family visitor visa in Aug 2011 and went back to India in Feb 2012 , she stayed for almost 5 months with me in UK.

Another Correction is that i have mistakenly opened this in British Citizenship which is not correct. Moderators, can you move to relevant forum if this is a problem.

Lucapooka,

Just to confirm that you have mentioned that there is a rule for only visiting up to six months out of 12 months in the annual cycle. Can you provide me a link for this rule. I tried looking for it but probably have missed it somewhere.

If there is no such rule, I understand that the risk of rejection is higher if i apply in immediate future as she has just stayed here for more than 5 months.

[vinny]

VAT1.5 Frequency and duration of visits
Oppong (visitor:length of stay) Ghana [2011] UKUT 431 (IAC) (11 November 2011)

[anuptosh]

Thx. But this link is for general visitors. My mother has come on a family visitor. Does someone have a link for family visitor.

I could only find one reference - http://www.ukba.homeoffice.gov.uk/polic ... 2/#header3 but then could not find a link or explanation for - FAMILY VISIT LTE 6 months Code 3. Can someone provide this link .

Also, what does CODE 3 mean

[anuptosh]

Also , as per the link above , it is quite clear that the appellant has spent more than 6 months out of 12 months.

http://www.bailii.org/uk/cases/UKUT/IAC ... ghana.html

Some extracts from the link -

Home Office records indicate you have travelled to the UK for the same reason in October 2007, July 2008 and February 2009 each time for a period of six months.

Your passport and your statement at Gatwick to the Immigration Officer demonstrate you have been in the UK between 6 July 2008 and 4 January 2009 and between 22 February 2009 and 22 August 2009. Since July 2008 you have been in the UK for two days short of twelve months.

They clearly mean that the appelant has visited for more than 6 months ( actually 12 months ) in a period span between 6th July 2008 and 22nd August 2009 ( 13.5 months ).

If there is a RULE for this, why was the appelant allowed to visit UK in the first place for almost 12 months spanning a period of 13.5 months.

[Markie]

Thx. But this link is for general visitors. My mother has come on a family visitor. Does someone have a link for family visitor.

I could only find one reference - http://www.ukba.homeoffice.gov.uk/polic ... 2/#header3 but then could not find a link or explanation for - FAMILY VISIT LTE 6 months Code 3. Can someone provide this link .

Also, what does CODE 3 mean

My friend, a family visitor is a type of 'general visitor' and would be governed by paragraphs 41-46 of the Immigration Rules or as general visitor.

[anuptosh]

Can some one reply to my post wherein i have asked - If there is a RULE for this, why was the appelant allowed to visit UK in the first place for almost 12 months spanning a period of 13.5 months.

Can you please advise me of the direct link for such a rule.

[Greenie]

Can some one reply to my post wherein i have asked - If there is a RULE for this, why was the appelant allowed to visit UK in the first place for almost 12 months spanning a period of 13.5 months.

Can you please advise me of the direct link for such a rule.

it is not in the rules- it is in the entry clearance guidance, a link for which Vinny has already provided you above.