UK Immigration Law
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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?
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.
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:
Please see the following link for any further questions you may have:
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.
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