Visa visitor

Hello All,
Is it beneficial for getting the visa if you are owning the property in the UK? can the services potentially refuse you a visa if you own a house in the Uk or it does not matter? thank you all. we broke the rule of 180 days per year we have just found out about as were thinking it is not longer than 180 days of staying. so now we are thinking to reapply for a new 5 year visa and if the fact that we own the house will help us or it will be not so good in our situation and better to sell it? thank you in advance!

we broke the rule of 180 days per year we have just found out about as were thinking it is not longer than 180 days of staying.

What do you mean about you broke the 180 days rule? How long has she been staying in the UK on successive visits? If she has stayed longer than permitted and breached her visa conditions and also has frequent long successive 'stays', the likelihood of being granted another visitor would be reduced as she would not be seen as a genuine visitor but someone who is using a visitor visa to 'reside and live' in the UK.

so now we are thinking to reapply for a new 5 year visa and if the fact that we own the house will help us or it will be not so good in our situation and better to sell it? thank you in advance!

As you were advised last year by Casa, owning a property has no bearing or influence on whether someone can get a visa. It might actually be a downside given your circumstances.

immigration-for-family-members/settleme ... l#p1683984

Thank you so much for all your replies.
As in her visa visitor is written 180 days so her longest stay was during 4 months (we thought it is not longer than 180 days to be able to stay in the country) but now as we got it right she won't be staying here as long as that but only 180 days per year. I was thinking how to make more possible for the immigration services not to get cross but to explain them she will not do it again as now we not it is not more than 180 days per year in total and not that she should leave the country each time within 180 days limit which she was doing (ei not to stay in the uk more than 180 days but to fly back to Russian and to come back) so now I am thinking that actually owning a house here can possibly do her more harm than good but you are saying it does not matter. Whether the services will consider the fact she is alone in Russia as all relatives died including husband? I do not know to see her flat or not to sell as if it is not good for my mother to own it she will sell it then as I do not own anything in the UK but I am the UK resident but I cannot even imagine for my mother not to get visa as how I will visit her bearing in mind I have a child that goes to school and I am a single mum. thank you.

How long has she left the UK for before returning again for another long stay?? It is difficult to understand your posts and explanation.

Yes thank you I remember it as really asked but it was about her possible settlement visa not about just visitor one bearing in mind she is completely alone there it should be some kind of a human rights thing as I expect for lonely parent. I can imagine if she could have any one there that could be cheeky but if she is totally alone and I have a child here and being a single mum I cannot travel taking my child from school all the time it is just strange isn't it it should be something allowing for parent to come and visit I even don't say anything about settlement now it is just a visitor problem. thank you so much all in advance

Thank you Char, it was different all the time but she has never broke the rule about 180 days and never stayed in the country more than that in one go. For example she stayed for 2 months and after that will go back to Russian for one month after that will stay for 3 months and will go back to Russia for 1 month etc.. I think her longest stay was for 4 months here in the UK.

So she was staying for more than 180 days in a 12 month period.

Her previous travel records will be checked and she will likely have a bit of trouble getting a visitor visa again.

thank you Char yes she did. We didn't know that and I swear to God that from now on she will never do it again but as for now I am thinking what to do with her one bedroom flat if it is not good for her to own then she can sell it or transfer to my name as I do not have literary anything at all here only have my daughter. but at the same time surely if she owns something here and in case she won't be able to come here how she will be able to pay the invoices, council tax etc??

What you or your mom does with the flat is not an immigration issue.

Paying bills has nothing to do with being in the UK with a visa. She can still pay the bills if she is not here.

I think in her visa was written up to 180 days or valid 180 days so quite logically it is the days for how long you can stay in the country but no longer than that. when in Russia we are getting Schengen visas it is also written the duration how long you can stay in the foreign country (up to 90 days normally) so she has never stayed more than 180 days in one go. If it was written a little bit clearer I am sure people could understand it better as there are a lot of forums where people were asking for how long actually one can stay according to the UK visa visitor meaning not all can understand it so easily, unfortunately.

CR001 wrote: ↑

Wed Aug 21, 2019 11:48 am

What you or your mom does with the flat is not an immigration issue.

Thank you Char but as you have said probably it will be not so good to have a flat in the UK? I am confused it is ok or better to get rid of it? Are there cases people getting refused visas when they own properties in the UK?

Paying bills has nothing to do with being in the UK with a visa. She can still pay the bills if she is not here.

True thank you

Thank you Char but as you have said probably it will be not so good to have a flat in the UK? I am confused it is ok or better to get rid of it? Are there cases people getting refused visas when they own properties in the UK?

The immigration rules and guidance notes are quite clear and nothing has changed in them for many years and both links available from the HO website if you search visitor visa.

https://www.gov.uk/standard-visitor-visa

https://www.gov.uk/guidance/immigration ... itor-rules

Genuine intention to visit
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

As does page 17 of the Visitor Guidance notes.

https://assets.publishing.service.gov.u ... 8.0ext.pdf

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 appendix V: visitor rules.
You should check the applicant’s travel history, including how long they are spending
in the UK and how frequently they are 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 if they 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.

Anna-anna wrote: ↑

Wed Aug 21, 2019 12:15 pm

Thank you Char but as you have said probably it will be not so good to have a flat in the UK? I am confused it is ok or better to get rid of it? Are there cases people getting refused visas when they own properties in the UK?

I cannot tell you what to do with the flat, neither can anyone else on the forum. That is a decision only your mother or yourself can make.

Thank you Char I do understand so it is more not to stay in the UK longer than in your own country. I understood and my mother was here longer than that but it is only natural as she is lonely there she does not have anyone at all, at all. Char what would you advise here - maybe just to apply not for visitor visa but for settlement one? I am totally lost, how do people visit their relatives abroad if they do not have husbands and their children goes to school - one cannot visit them often at all. how to live then like that??? just so strange why from some countries people are coming with whole families but here I have only my mother and daughter and all the rest died from cancer and we cannot live together seems so unfair. I do not know what kind of visa to go for to be able to see my mum i honestly don't.

Please kindly tell me how to count 180 days is it from the moment when the visa was granted or is it per calendar year? for example visa was granted on the 20.10.18 is it 180 days till 20.10.19?
thank you so much

Date of entry if she holds a 5 year visa and it is not a calendar year, it is any 12 month period.

She cannot spend more than 180 days in a 12 month period in the UK. This is not visiting but residing/living.

Thank you Char!