Multiple entry, mult-year visit visa for UK

[Pietr S]

My wife's visa has just been issued - for 180 days. This is her third family visit visa, and she has also been in the UK on a 2 year settlement visa.

Our plan is for my wife to take a 4-5 month trip once every year (this is what we have stated in the latest application), and I noticed that there are 1 year, 2 year, 5 year and 10 year options on the application form. While I am aware that they cost more, we would like to avoid the hassle of applying every year if possible, so I am thinking to test the water, so to speak, next year, and apply for a 5 year one next year.

So I am wondering, how, if at all, are multiple entry multi-year family visit visa applications considered differently to single trip applications in terms of satisfying the authorities about reason's to leave the UK after each trip, and other criteria ? I expect it is too simplistic to think that now she has had several similar visas, if our situation remains the same, then a multi-year visa should be easy to get ?

Thanks

PS

[7by7]

From VAT1.4 Visa validity - What period for a multiple entry visit visa?

Applications for long term visit visas will be considered in the light of:

• Credible ongoing reason to visit. A successful applicant must demonstrate a frequent and sustained need to come to the UK, such as family links or an established business connection.
• Stability of personal circumstances. As far as possible applicants 'status should be unlikely to change significantly during the validity of the visa. The better able the applicant is to demonstrate stability over the long term the more it will support an application for a longer period of validity.
• Successful applicants will also need to demonstrate that they are able to support themselves in the UK without recourse to public funds, and demonstrate that they would intend to leave the UK at the end of each visit.

Having had previous UK visit visas and complied with the conditions will obviously be a factor in her favour; as will visas to other countries, if any.

Bear in mind, though,

In all instances, if an ECO decides that a shorter validity of visit visa is more appropriate than the one applied for, the ECM should approve it and notes should be added to Proviso. In such cases, no refund (full or partial) is available. The ECO should ensure that clear explanatory information for the decision is provided in a covering letter when the passport is returned.

(My emphasis)

[Pietr S]

Thanks. That's very helpful indeed.

Is there any guidance, rules-of-thumb, or other advice/comment, other than previous UK visas (4 previous ones) and visas to other countries (several for Hong Kong and Japan) to help determine when or how an ECO may decide "that a shorter validity of visit visa is more appropriate than the one applied for" ?

Edited August 31, 2013 by Pietr S

[DannyDubai]

My wife had a 10 year visa before getting properly badged up as a Brit. The 10 year or a 5 is definitely worth it. Its as easy as the 6 monther and, of course, the UKBA is trying to generate revenue.

Go for it....

[Pietr S]

My wife had a 10 year visa before getting properly badged up as a Brit. The 10 year or a 5 is definitely worth it. Its as easy as the 6 monther and, of course, the UKBA is trying to generate revenue.

Go for it....

However, the cynic in me says that your last point indicates that it is in their interest to take the money for the 10-year or 5-year one, and turn it down for some reason, since they don't give refunds.

[DannyDubai]

Why would then turn it down, you are married.........and she has a strong history.

[Pietr S]

Why would then turn it down, you are married.........and she has a strong history.

I'd like to believe that and I hope you are right, as this is probably what we will do, but just playing devil's advocate for a moment, perhaps the ECO might feel that with a single trip visa, it is unlikely she would want to jeopardise future applications by overstaying, whereas with a 10 year visa, it could be argued that there is a much greater temptation to just stay longer than the allowed 6 months per year - our kids will have finished compulsory education by then and I will be at retirement age so this could be construed as a major change to our circumstances, of the kind mentioned in the second point of the first quote of the answer by 7by7:

Stability of personal circumstances. As far as possible applicants 'status should be unlikely to change significantly during the validity of the visa. The better able the applicant is to demonstrate stability over the long term the more it will support an application for a longer period of validity.

[DannyDubai]

Good luck with whatever you choose. Were you this nervous when applying for previous visas?

[7by7]

Pietr,

From what you have said previously, especially in this topic, she does have stable circumstances in Thailand; her properties and the family business, and she does have a reason for visiting the UK regularly; her husband and children currently live there.

The ECOs have obviously accepted that she does not intend to use her current, 6 month visa to enter the UK and stay there with her children; otherwise they wouldn't have issued it..

But there is always the risk that they will view any application for a longer term visit visa as an attempt to by pass the settlement rules by making frequent visits to the UK. To help convince them otherwise you/she should, I suggest, make it clear in any application for a long term visit visa that you/she are aware that she should not normally spend more than 6 months out of 12 in the UK as a visitor (although this is not an actual rule).

Be aware, too, that even with a long term visit visa she could still be refused entry by immigration at her port of entry to the UK if they felt she was using it to by pass the settlement rules and essentially live in the UK with only short periods outside.

I'm not saying all this to put you off; but you do need to be fully aware of all eventualities.

[DannyDubai]

Be aware, too, that even with a long term visit visa she could still be refused entry by immigration at her port of entry to the UK if they felt she was using it to by pass the settlement rules and essentially live in the UK with only short periods outside.

yeh......like that's going to happen.

A friend of mine sent me a link to the Bahrain Daily news a little while ago. The Brit embassy had issues a press release suggesting Bahrainis all apply for 5 or 10 year visas instead of 6 moths as that would remove the need to keep applying a clogging up the systems!!!! I have seen the same, a couple of years ago, in Qatar.

[7by7]

I'm not saying it will happen, just saying it could happen.

I know of people who have been refused entry on those grounds via forums like this one.

Such a situation has even featured in the TV program "UK Border Force!"

Whatever length of visit visa held, frequent and regular trips to the UK without an acceptable reason will be viewed with suspicion and could result in a refusal of entry.

Reports in Middle East newspapers saying that embassies are encouraging people to apply for long term visit visas, even if true, doesn't change that.

[7by7]

Immigration rules, Para 41(ii)

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and does not intend to live for extended periods in the United Kingdom through frequent or successive visits
(My emphasis)

Entry Clearance Guidance; 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.
(My emphasis)

Immigration Directorate Instructions, page 5

The applicant must not:
 intend to live in the UK for extended periods through frequent or successive visits

Pietr, as you state in the OP that your wife only intends to make a 4 to 5 month visit once a year, she is not going to fall foul of this.

As the UK does not check passports on departure there are almost certainly people who have made regular, frequent visits and may even be using a long term visit visa to by pass the settlement rules. But it would only take one check by an Immigration Officer to catch them out.

If, more likely when, that happened, if they could not convince immigration that they were a genuine visitor with a genuine reason for making so many frequent and regular visits (visiting family would not be considered such in most circumstances) then they would be refused entry and the visa cancelled.

To imply that a visitor can regulalrly come and go to and from the UK as often as they wish without a problem is incorrect.

Edited September 1, 2013 by 7by7

[theoldgit]

A number of off topic posts removed, and a response, this forum is to offer advice, it's not for general discussion, other members often rely on the advice given.

[DannyDubai]

.

Such a situation has even featured in the TV program "UK Border Force!"

I would take that pro government propaganda with a bucket of salt, OP.......that's my advice!

[DannyDubai]

Im

Immigration Directorate Instructions, page 5

The applicant must not:

 intend to live in the UK for extended periods through frequent or successive visits

Pietr, as you state in the OP that your wife only intends to make a 4 to 5 month visit once a year, she is not going to fall foul of this.

(Danny's emphasis)

So why mention it then? Why are you so intent on putting the OP of the idea when clearly his wife has a good case. Pietr, email the poste known as Bancockney, he knows his stuff and worked for the UKBA. My advice is forget all the doom and gloom being pushed here.

[7by7]

What is it about the Immigration Rules that you fail to understand. The Immigration Rules are not an opinion; they are the rules!

What is it about the Entry Clearance Guidance and the Immigration Directorate Instructions that you fail to understand?

Those are official Home Office publications; not some report in a foreign newspaper which may or may not have any basis in fact; and even if true does not say that visitors have no restrictions on how often they visit the UK!

The OP's wife, if she sticks to the stated intentions, wont fall foul of this, but as theoldgit says

other members often rely on the advice given.

so it is important to post accurate information.

The Rules are as quoted, that is not my opinion, that is a fact.

[BIGJIMMY]

We just got a 5 year family visit, we had a 2 year vv before and also the 6 monther's, we just submitted the same folder with all the usual gumph, I just added in the letter that it was easier to get a 5 year than a new one each year etc, other than Mrs E failing to opt for the priority service (so we had to wait more than 3 days for the visa to be returned) it was all the same - bloody woman, now in the UK with the new Jnr Ellis and everyone wants us to move back to Mother England - bloody family!!!

All the best.

Big brassic Jimmy

[DannyDubai]

We just got a 5 year family visit,

Well done. Its a no brainer really.

[theoldgit]

A number of threads from a "new member", who seems determined to derail this thread, removed.