Uk 10 year visa clock

[welshboy454]

My Thai wife has a 10 year visa starting on 12 September with a limit of 180 days in the Uk in any year.

I think this means 180 days in a running 365 days after allowing for a previous period to drop off . EG day 366 counts but day 1 drops off. My wife disagrees because of something in the UK wife group sharing info. but I suspect is duff.

My question is does anyone know how the 180 days is counted ?

 

[Issannative]

180 days have to be in the UK per year is that what you are asking to keep the visa active? 

[welshboy454]

No the visa is active for 10 years unless she spends more than 180 days in a year in the UK. The thai wife group seem to think it means a clock starts on 12th sept year 1 ( the date of her visa commencement) and starts again 12th Sept year 2 etc. I say she cannot spend 180 days in the latter part of year1 up until 12 sept year 2 and another 180 days from 13 sept year 2 because that would mean a continuous 360 days in the UK

Edited August 4, 2019 by welshboy454

[Issannative]

Ya morally it means 180 out of a contunuios 360 running so no she cannot reset on the visa day I would advise

Sent from my LDN-LX2 using Thailand Forum - Thaivisa mobile app

[Issannative]

But ask the home office clear it up don't rely on wife friends or ppl here better safe than sorry

Sent from my LDN-LX2 using Thailand Forum - Thaivisa mobile app

[chickenslegs]

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

 

The way I read it is that the visitor can stay for up to six months each time they visit. No limit per year.

However, if someone used the visitor visa to stay in the UK for most of the year, without an extremely good reason, they might be regarded as using a visitor visa to actually reside in the UK. This would mean cancellation of the visa.

[welshboy454]

26 minutes ago, chickenslegs said:

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

 

The way I read it is that the visitor can stay for up to six months each time they visit. No limit per year.

However, if someone used the visitor visa to stay in the UK for most of the year, without an extremely good reason, they might be regarded as using a visitor visa to actually reside in the UK. This would mean cancellation of the visa.

The standard visa for 6 months has a commencement date and an end date 6 months later and the holder can stay 180 days within that 6 months. The 10 year visa is more flexibile -the only constraint is 180 days in any one year. Really my question is how do they define that year - I think it is a running year.

[chickenslegs]

4 minutes ago, welshboy454 said:

The standard visa for 6 months has a commencement date and an end date 6 months later and the holder can stay 180 days within that 6 months. The 10 year visa is more flexibile -the only constraint is 180 days in any one year. Really my question is how do they define that year - I think it is a running year.

I do not see anything about 180 days in any one year. It states "quote"

If you need to visit the UK regularly

If you need to visit the UK regularly over a longer period, you can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years. You can stay for a maximum of 6 months on each visit.

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

 

Edited August 4, 2019 by chickenslegs

[welshboy454]

Just now, chickenslegs said:

I do not see anything about 180 days in any one year. It states "quote"

If you need to visit the UK regularly

If you need to visit the UK regularly over a longer period, you can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years. You can stay for a maximum of 6 months on each visit.

You are right I have just looked at my wifes visa and it says 180 days

[blackcab]

The visa vignette itself says:

 

[chickenslegs]

I think that anyone staying in the UK for 180 days then returning a short time later would be given a hard time at UK immi. 

Do that more than once (without an extremely good reason) and I suspect a refused entry and cancellation of visa.

It is a "visitor" visa.

[7by7]

The only time limit set in the rules is the maximum of 180 days in the UK per visit. There is no rule stating a visitor can only spend a maximum of 6 months out of 12 in the UK.

 

However, paragraph V 4.2(b) of appendix V: visitor rules says

Quote

will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home

 

The guidance to ECOs says

Quote

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: if they have registered with a general practitioner (GP), 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.   

 Similar guidance exists for Border Force officers at UK ports of entry. If they have reason to suspect a person seeking entry as a visitor, whether they be a visa national or not, is breaking para V4.2 (b) then that person will be questioned and if they cannot satisfy the officers that they are a genuine visitor then they will be refused entry and their visa, if they have one, cancelled.

[welshboy454]

Thanks to all for the replies and 7by7 for the info.

 

[welshboy454]

I wrote an email to the Home Office immigration asking to clarify if the 180 days granted on a 10 year standard visitor visa was per year or a running year. The reply is below  for what it is worth.

"

Thank you for your enquiry dated the 4th August regarding our query.

 

We are unable to assist you with your enquiry as this was applied for from overseas for an Entry Clearance Visa. "

[theoldgit]

1 hour ago, welshboy454 said:

We are unable to assist you with your enquiry as this was applied for from overseas for an Entry Clearance Visa. "

Thankfully 7by7 has given you the correct advice, it would have been too much to expect for the Correspondence Unit to look up, and quote, their own Operational Instructions.

[7by7]

On ‎8‎/‎9‎/‎2019 at 8:41 AM, welshboy454 said:

I wrote an email to the Home Office immigration asking to clarify if the 180 days granted on a 10 year standard visitor visa was per year or a running year. The reply is below  for what it is worth.

"

Thank you for your enquiry dated the 4th August regarding our query.

 

We are unable to assist you with your enquiry as this was applied for from overseas for an Entry Clearance Visa. "

If you still want confirmation, try contacting the international enquiry service.

 

Although that seems mainly for enquiries about ongoing visa applications, they should be able to answer you. But any answer from them wont be different from the official guidance I linked to above.

Quote

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.  

 

As theoldgit says, whoever you did contact should have passed your enquiry onto the correct people at the very least; or better still referred you to the official guidance.

 

Unfortunately, it seems that the people who staff these enquiry centres are very poorly trained and anything they can't cope with elicits the type of response you received!

Edited August 10, 2019 by 7by7
Quote from guidance added.