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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2138
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello my mother is a Russian citizen and has 2 years visitor

Resolved Question:

Hello my mother is a Russian citizen and has 2 years visitor visa. She wants to visit me in August but we are wondering about the immigration rules that apply for visitors within a 12 month period.

When she visits me she never stays more than 1 1/2 months at a time. I read somewhere that although she has 2 years valid visa there is a limitation for the overall time she is staying here. What does the LAW state in this case and at which point (in stay duration) does she 'violate' the rules of her visitor visa? Also, if there is a risk that she may violate next time she visits how do we get around this problem, can we extend stay? She is currently 55 years old
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question.

 

Before I am able to give you a full answer, please can you reply to the following:

 

Is your mother currently dependent on you for financial help?

Does your mother have any medical conditions?

Does she have any family members in Russia?

 

Kind regards

Customer: replied 2 years ago.
Mother only takes some support whilst staying here but I wouldnt classify this as 'dependent' on me for financial help.

She does have some heart related problems (although not sure how acute condition this is) and high blood pressure.

She recently lost her mother and has no father. She is retired and lives with my father in Russia.

Also, to be more specific on the question I raised, I would like to know also what could be the consequences of overstaying a few days beyond the potential 12-month 'limit' even though her visit isnt expired.

Expert:  UK_Lawyer replied 2 years ago.

Although your mother is on a visitor visa for 2 years the general rule is that you may not stay longer then 6 months in any 12 month period. If she does make frequent revisits to the UK without an adequate gap then the UKBA will assume she is using her visitor visa to reside in the UKBA and it may cause her problem upon entering the UK.

 

In relation to he overstaying, any form of overstaying is a criminal offense and if she does overstay she is committing a criminal offence. She should not overstay if she wishes to avoid any problem when she re-applies for another visitor visa. The amount she has overstayed would be taken into account when refusing entry clearance to the UK, she would need to have a genuine reason to have overstayed.

 

 

Kind regards,

 

 

 

 

 

Customer: replied 2 years ago.
Ok thanks that makes sense. So to confirm , you are saying it is the LAW that she can only stay for a period of up to 6 months, it is not at 'discretion' necessarily of the immigration officer when she enters the UK to make a judgement.

I also read something about a 28 day overstay rule is that anything relevant to this? Once I get this I will also accept your answer thank you so much !
Expert:  UK_Lawyer replied 2 years ago.

Overstaying is referred to as follows:

 

'Overstaying' means the applicant has overstayed their leave to enter / remain, not just stayed longer than they said they would. The rule requires that the applicant has overstayed for more than 28 days (or for any period if, after overstaying, he went home at public expense including AVR or similar program).

 

Paragraph 320 are the general grounds for refusal.

 

Paragraph 320 states if an applicant falls to be refused under 320(7B), applications must be refused for the following periods:

  • 12 months if they left the UK voluntarily after overstaying, not at the expense (directly or indirectly) of the Secretary of State;
  • 2 years if they left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later
  • 5 years if they left UK voluntarily, at public expense;
  • 10 years if they were removed or deported from the UK;
  • 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

Please see the following link for any further questions you may have:

 

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/rfl/rfl5/#header2

 

The UKBA allow 28 days for the overstayer to leave the country voluntarily. I would recommend that she does not overstay as it is a criminal offence, and it would be better for her to return before her leave expires.

 

 

Kind regards,

UK_Lawyer, Solicitor
Satisfied Customers: 2138
Experience: I am a qualified solicitor and an expert in UK law.
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