10 Year Visa - refusal.

[RAZZELL]

17 minutes ago, Jip99 said:

 

 

So please show me the gov.uk reference where it says that you cannot have a "180 day" visa in each year.

There is nowhere where it says you can't have 180 days per year, year after year.

 

However, even the dullest of the dull would know that it goes against the "spirit of the rules" so you are giving the IO an easy route to refusal.

 

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

 

You cannot:

• do paid or unpaid work
• live in the UK for long periods of time through frequent visits
• get public funds
• marry or register a civil partnership, or give notice of marriage or civil partnership

 

Edited March 19, 2020 by RAZZELL

[Jip99]

9 minutes ago, RAZZELL said:

There is nowhere where it says you can't have 180 days per year, year after year.

 

However, even the dullest of the dull would know that it goes against the "spirit of the rules" so you are giving the IO an easy route to refusal.

 

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

 

You cannot:

• do paid or unpaid work
• live in the UK for long periods of time through frequent visits
• get public funds
• marry or register a civil partnership, or give notice of marriage or civil partnership

 

 

 

You have omitted part of the reference:-

 

By definition the UK CANNOT be the applicants main home if 185 days p.a. is spent in the Thai home.

 

Either you can have a visa for 180 days or you can't. Either you van have a visa each year, or you can't. I think things need to be clearer.

 

My friend would not have applied for a 10 year visa if he thought they were in breach of any regulation; also, as Old Git pointed out, the ECO could have approved a shorter visa period (and presumably not take 800 Quid in payment).

 

This forum is about sharing information and experiences, and I don't want anyone to suffer the same fate as my friend. As said abovem I shall certainly no longer consider a 10 year visa for my missus.

 

 

Paragraph v4.2(b) of the Immigration Rules Appendix V: visitor rules, clearly says that you cannot ‘live in the UK for extended periods through frequent or successive visits, or make the UK their main home’.

[cleopatra2]

1 hour ago, Jip99 said:

 

 

That is mathematically incorrect over 3 years.

The ECO is obliged to look at the applicants previous travel history over the last 12 months and the gap between successive applications.

 

 

 

Here is part 

 

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

 

Edited March 19, 2020 by cleopatra2

[Jip99]

2 minutes ago, cleopatra2 said:

The ECO is obliged to look at the applicants previous travel history over the last 12 months and the gap between successive applications.

 

So can they not look beyond that - like a 3 year history, and a 10 year future ?

 

Don't misunderstand me, I can see that the ECO was given a window of opportunity to decline this application. I can pretty much guarantee that a 6 month application would have been approved.

 

When someone as experienced as Old Git says that, on the face of it, the decision looks harsh then that opinion fits with mu own view - irrespective of the number crunching. We have a couple in a genuine long distance relationship who have been denied the opportunity to spend time together. The sponsor is the bread winner and cannot structure the time together the other way round ie him spending 5/6 months in Thailand.

 

Also, this is not a p!ssing contest; I just want to get a full understanding of what is doable (and what is not) for my friend, me and anyone else looking at their UK visa options.

[Jip99]

17 hours ago, howerde said:

 

This seems unfair, you could challenge with AR administrative review

 

 

 

 

 

Unfortunately not, it would appear.

 

What this means for you
Any future UK visa applications you make will be considered on their individual merits,
however you are likely to be refused unless the circumstances of your application change.
In relation to this decision, there is no right of appeal or right to administrative review.

 

[howerde]

I'm sorry to hear that, it still seems a harsh decision 

[cleopatra2]

1 hour ago, Jip99 said:

So can they not look beyond that - like a 3 year history, and a 10 year future ?

 

Don't misunderstand me, I can see that the ECO was given a window of opportunity to decline this application. I can pretty much guarantee that a 6 month application would have been approved.

 

When someone as experienced as Old Git says that, on the face of it, the decision looks harsh then that opinion fits with mu own view - irrespective of the number crunching. We have a couple in a genuine long distance relationship who have been denied the opportunity to spend time together. The sponsor is the bread winner and cannot structure the time together the other way round ie him spending 5/6 months in Thailand.

 

Also, this is not a p!ssing contest; I just want to get a full understanding of what is doable (and what is not) for my friend, me and anyone else looking at their UK visa options.

Given the ECO has used the frequent visit living clause I do not see how a 6 month visa application would have been successful.

The travel history along with short period for application would be a problem.

 

 

Edited March 19, 2020 by cleopatra2

[Jip99]

1 hour ago, cleopatra2 said:

Given the ECO has used the frequent visit living clause I do not see how a 6 month visa application would have been successful.

The travel history along with short period for application would be a problem.

 

 

 

 

The travel date is May....... and will no doubt be put back further in view of Covid-19.

[theoldgit]

Off topic troll posts removed, along with measured responses.