Applying for a UK Visitor Visa (12 Month Rule)

[malct]

Hi All

My sister in law who was in the UK visiting her Boyfriend had to return home due to her father in Thailand been ill .

She had spent 6 weeks in the UK after arriving in the UK on the 6th Dec 2014.

My sister in law was on a 6 months visitors visa which started approx 10th November 2014 and the visa will expired approx 9th April 2015. ( She could not come to the UK after the Visa was issued on the 10th Nov due to family commitments)

She arrived in the UK on the 6th December 2014 and she left yesterday on the 17th Jan 2015.

Understanding the 6 months out of 12 month rule, When would she be able to come back to the UK. I understand that she could come before the end of this visitor visa and return before the 9th April, But we don't think that will happen.

I believe that she would not be able to apply for a 6 month visa from the 10th April saying that she would not enter the UK until 23rd May 2015 and that giving her 6 months out of 12 months.

Looking at dates , Would she be allowed to return to the UK on the 18th July 2015 meaning that she would only be in the UK 6 months out of 12 months taking into account of applying 6 months after her last Visit.

Basically, what we want to know is, When would it be possible for my Sister in Law to return to the UK.

Tank you for any help

Malc

[7by7]

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.

She has spent 6 weeks in the UK, so that means she can spend another 20 weeks in the 12 months from her first entry without any problem with the "max 6 months out of 12" restriction.

But note the sentence I have highlighted.

She should explain in her next application why she cut this visit short and why she needs to visit again so soon.