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Senior Partner
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Category: UK Immigration Law
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Experience:  Solicitor
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I have an american lady friend who would like to extend the

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I have an american lady friend who would like to extend the 6months normally allowed on a visitors visa. As she has family in the states she has no wish to become resident in uk. Time spent in uk max 3 months per visit, returning to the usa for 2/3 months, these times are approx. She is a senior as am I, we are both widowed, and marriage would be problematic regarding pensions etc.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
sorry but can you explain a little more? If she does not plan to stay more than 3 months at a time why does she need to extend the normal visitors leave? Is she a US passport holder?
Customer: replied 3 years ago.

Thanks for your reply. Yes she is US passport holder. It understood that she can vist for 6months in any 12 months, then return to US at the end of the 6month period. She is allowed to split the 6 month period, but as long as she doesn't exceed 6 months, she is fine. However she then has to stay in US for 6months before returning toUK. Is there a way round this, and is the 6 month stay in US absolute, and rigidly applied.

Regards XXXXX XXXXX

Expert:  Senior Partner replied 3 years ago.
i am not aware of any rule that there has to be a 6month gap between visits what is that based upon?
Customer: replied 3 years ago.
Its my understanding from British Border Agency directives on visitors visas, that this 6 month gap is mandatory.
Expert:  Senior Partner replied 3 years ago.
Two points

First a US citizen does not need a visa to come as a visitor

Secondly there are no absolute rules on the duration or frequency of visits. Clearly if someone is spending 6 months or more here in any year then there is a legitimate suspicion that they are not actually a visitor but resident here.

The exact wording of the UX+KBA guideline is :
"There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.
It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country (but see guidance relating to visitors for private medical treatment)."

If she spends 3 months here then goes home for 3 months for example she could probably do that indefinitely. There is no provision for more than 6 months as a visitor- if you want ot stay more you need to seek residence on some basis . If you are a couple for example you could seek a visa on that basis but other wise there is not obvious category
Senior Partner, Solicitor
Satisfied Customers: 13250
Experience: Solicitor
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