When Can My Wife Return To The Uk On Her Multi-Entry Visitor Visa

[japatee]

Hi

We've given up on the idea of settling the the UK.

Thailand may have some down sides, but overall its a lot better than the UK for a number of reasons. One of those reasons is the new rules that have been imposed on spouses coming to live with their partner. Completely unreasonable and unfair new tests and requirements making it almost impossible for those people who cannot speak English well and don't fair well in tests generally, but thats another topic for debate.

fOR THis post, I'm looking for some help on a bit of a grey area We have 10 year multi-entry visitor visa that we got three years back. This year we want to go to the UK for 3 months, then leave for a couple of weeks to travel around Europe, and then go back to the UK for another 5 or 6 months. Is this allowed? Does anyone know? I find information on the website quite typically unclear/incomplete -

"If we grant you a long-term visit visa, you are allowed unlimited entry into the UK for the time that the visa is valid, but for a maximum of 6 months for
each visit"

based on the above statement, one would assume that my wife could enter the UK for 3 months, leave for a couple of weeks and then re-enter for another 5 months. IN fact, based on the statement above, my wife could enter the UK for 6 months, leave for a couple of week, re-enter for 6 months, and continue like this for 10 years... although, i'm sure we'd get accused of cheating the system..

anyway, I'd like to know if anyone can shed some light on this grey area. does anyone have any experience in doing this, or some written evidence to suggest we can/cannot do it as I've explained above?

Thanks

[japatee]

So, anyway, i just found this: VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may

make to the UK nor any requirement that a specified time must elapse

between successive visits. However, the Immigration Rules state that

the applicant must show that they do not intend to live in the UK for

extended periods through frequent and successive visits. An ECO must

consider the reason for a series of visits with only brief intervals

outside the UK between each visit. The ECO must consider the purpose of

the visit against the time elapsed between visits and the duration of

previous visits to the UK.

There is no Rule that states a visitor can only remain in the

UK for 6 out of any 12 months, but an ECO must examine the pattern and

frequency of visits to see that it does not amount to de facto

residence.

So, i guess we can go for 3 months, have a 2 week break in Europe, and then another 5 months back in the uK..

still a bit grey to me though - the applicant must show that they do not intend to live in the UK for

extended periods through frequent and successive visits - then why did they give us the visa in the first place? Surely numerous 6 months visits over 10 years is exactly that - extended periods through frequent and successive visits

[7by7]

The rule is that a visitor cannot spend more than 6 months in the UK on each visit.

In addition to this, the convention is that a visitor should not spend more than 6 months out of any 12 in the UK.

But this is not a rule.

VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.

That is from the guidance to ECOs when assessing a visa application.

But similar guidance exists for Immigration Officers, basically replace 'ECO' with 'IO.'

The UK does not stamp passports on exit, but obviously entry stamps from other countries will show the IO when she last left the UK and she may be questioned about her reasons for returning to the UK so soon.

If she is questioned and can answer those questions so that the IO is satisfied that she is a genuine visitor and not attempting to use her visit visa to by pass the settlement rules and live in the UK; she should not have a problem and be admitted.

Edit;

I see you found the guidance whilst I was typing.

There is a difference between someone regularly visiting the UK for a genuine reason, such as your wife, and someone using a long term visit visa to live in the UK with short trips outside; such as visa runners in Thailand.

Edited June 3, 2013 by 7by7

[theoldgit]

The UKBA will expect a visa holder to spend no longer than six months in the UK in any 12 month period.

Whilst this is not a legal requirement, it's a convention and the IO at the Border may think she's attempting to circumnavigate the settlement route, which seems to be what you are suggesting, by effectively doing "visa runs" to Europe, and could refuse admission.

[theoldgit]

Seems we were all typing at the same time :-)

[bobrussell]

As long as you can show that your life (more accurately your spouse's life) is Thailand based this may not necessarily be a problem. For a number of years my gf (now wife) spent periods of several months in the UK, back to Thailand in between. This was never questioned but we do have a house in Thailand and our daughter was in full time education there.

I suspect this 'convention' becomes more of a problem when further visa's are applied for. If a shorter-term visit visa has been misused then further visas may be a problem.

I expect eyebrows might be raised if your spouse did not leave the UK for a significant period after these two visits!

Some form of travel insurance will be required and this can be a problem for longer stays.

[MrZM]

If that is the case.

Then why if you have returned back to Thailand on a visit visa, do you then have to wait 6 months before applying again???

Anybody...

There is nothing wrong with the new rules and taking tests for a spouse visa. Surely you would have confidence in your wife's abilities.

If you are to live in the UK surely understanding the language would be a huge benefit. The tests are fairly simple.

Do you have visas for you planned trips around Europe??

[bifftastic]

If that is the case.

Then why if you have returned back to Thailand on a visit visa, do you then have to wait 6 months before applying again???

You don't.

[MrZM]

Every time my wife has returned from the UK holding a visit visa, she has had to wait 6 months before applying for a visit visa again.

As you are only allowed to stay, 6 months in a 12 month period.

[7by7]

No, she hasn't. Whoever told you that is wrong.

'6 months out of 12' is not a rule; it's a guide.

VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.

But; anyone spending six months in the UK as a visitor, returning to Thailand and soon after applying to spend another 6 months in the UK is going to have difficulties in showing they are a genuine visitor and not using visit visas to by pass the settlement rules.