How long can a 10 year visa holder stay in the UK

[musicscene]

My Thai partner has a 10 year visa for the UK. She is allowed to stay 180 days per visit. Is that also the maximum per year or can she leave after 179 days and return 2 months later for another 180 days. Your advice is very much appreciated. Thank you 

[jellybunny]

The latter is correct.  She can stay 179 days and then fly out somewhere and fly in again, it will re-activate another 180 days. Do not recommend to stay nearly 6 months and leave for 2 months and come back to stay another 6 months and so forth because the UK immigration can refuse the entry if they think this case is not a genuine travelling/visiting even though she hold a 10 years visa. 

[Tony M]

58 minutes ago, jellybunny said:

The latter is correct.  She can stay 179 days and then fly out somewhere and fly in again, it will re-activate another 180 days. Do not recommend to stay nearly 6 months and leave for 2 months and come back to stay another 6 months and so forth because the UK immigration can refuse the entry if they think this case is not a genuine travelling/visiting even though she hold a 10 years visa. 

That's not strictly correct.  There is nothing in the immigration rules that specifically states that you cannot do what the OP is suggesting, that is to stay 179 days, leave for a couple of months, and then return to UK to stay for a further 179 days.  But, the bottom line is, when is a visit not a visit ?  The UK govt view is that a visit is not a visit when the visit visa holder is using the visit visa to live, or to try to live in the UK (which requires a settlement visa) . The immigration rules for visitors state, amongst other things :  

 

V 4.2. The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:

1. (a) will leave the UK at the end of their visit; and
2. (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; 

Normally, an ECO or Border Force officer will accept that a visitor can spend  a maximum of around 180 days in any 12  month period as a visitor.  Spending more time than that will cause the decision-maker to wonder if the visa holder is actually "visiting" the UK or is a de facto resident. Bear in mind that the decison-maker doesn't need proof that you are not a genuine visitor, as the onus is on the visa applicant/holder to satisfy the decision-maker that this is so.

Edited March 15, 2022 by Tony M

[musicscene]

On 3/15/2022 at 5:26 PM, Tony M said:

That's not strictly correct.  There is nothing in the immigration rules that specifically states that you cannot do what the OP is suggesting, that is to stay 179 days, leave for a couple of months, and then return to UK to stay for a further 179 days.  But, the bottom line is, when is a visit not a visit ?  The UK govt view is that a visit is not a visit when the visit visa holder is using the visit visa to live, or to try to live in the UK (which requires a settlement visa) . The immigration rules for visitors state, amongst other things :  

 

V 4.2. The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:

1. (a) will leave the UK at the end of their visit; and
2. (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; 

Normally, an ECO or Border Force officer will accept that a visitor can spend  a maximum of around 180 days in any 12  month period as a visitor.  Spending more time than that will cause the decision-maker to wonder if the visa holder is actually "visiting" the UK or is a de facto resident. Bear in mind that the decison-maker doesn't need proof that you are not a genuine visitor, as the onus is on the visa applicant/holder to satisfy the decision-maker that this is so.

Thanks for your comments which are much appreciated. Sorry for the delay 

[blackcab]

Moved to the UK Home Country forum.