UK 10 yr visit visa - stay 6 months out of 12?

[Marvo]

Mrs Marvo has just been granted a 10 yr visit visa to the UK. I see it stated that it is valid for A) "6 months stay maximum in any one visit/period" and also  "6 months stay in a 12 month period".

 

I can't find the concise info on the UK website. Could someone in-the-know clarify exactly what the UK rules are (and where to find them) please:

 

1. If she stays for 6 months, then leaves, when can she go to the UK again?
2. If she stays for 3 months, leaves the UK for 2 months, how long can she stay for her next visit?
3. If she stays for 3 months, leaves the UK for 4 months, how long can she stay for her next visit?
4. If she stays for 3 months, leaves the UK for 8 months, how long can she stay for her next visit?
5. If she stays for 3 months and then leaves the UK, when can she go back again for 6 months?

 

Maybe one day in the future we will apply to "settle" in the UK, but not yet.

Many thanks in advance.

 

[theoldgit]

The rules are actually that you can stay six months in the UK in any twelve month period.
Don't forget that at every entry the visa holder will need to satisfy the Border Force Officer that they are still a genuine visitor and are not using a visit visa to live in UK on a permanent or semi permanent basis.
The rule is not set in law but she would have a hard time attempting to enter if she constantly exceeded the convention.
It is detailed somewhere, I'll have a look later.


Sent from my iPhone using Thaivisa Connect

[7by7]

The only actual rule is that a standard visitor cannot spend more than 6 months in the UK on any one visit; no matter how long the term of their visa, 6 months, 10 years or any term in between.

 

The "6 months out of 12" is, as theoldgit says, a convention, not a rule. The actual rule is Para V 4.2( b ) of the immigration rules

Quote

( b ) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home

The visitor not only has to satisfy the ECO of this when applying for the visa, which your wife obviously has, but also UK Border Force officers each and every time they enter the UK as a visitor.

 

From the Home Office guidance to staff

Quote

 Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work

 

See paragraph V 4.2(b) of the visitor rules. 

You should check the applicant’s travel history: how long are they spending in the UK and how frequently are they returning? You must assess if they are, in effect, making the UK their main home........

 

There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application.

That guidance is for ECOs assessing an application; but Border Force Officers have similar guidance for assessing individuals seeking entry to the UK at the border; the only real difference being that instead of saying "you should refuse their application" it says "you should refuse them entry to the UK."

 

Remember that holding a valid visa does not guarantee entry to the UK. If UK border Force officers at the port of entry have reason to believe the person seeking entry does not, for any reason, qualify for entry or their circumstances have changed significantly since the visa was issued such that they no longer qualify for that visa then they could refuse entry.

Edited October 9, 2016 by 7by7

[theoldgit]

If you've got time to spare most of the instruction are based in the UKVI's operating manual Visitor guidance it's 52 pages long mind.

The Border Force Officer will need to be satisfied that she's not using her visit visa to live in the UK for extended periods.

 

Edit: I see 7by7 has already posted the link to the guidance, I'll  still leave it here though.