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Irfan
Irfan, Immigration Consultant
Category: UK Immigration Law
Satisfied Customers: 29
Experience:  Registered with the Office of the Immigration Services Commissioner (OISC)
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I am a UK citizen. My wife has a Type C multi entry visitor

Customer Question

Hi, I am a UK citizen.
My wife has a Type C multi entry visitor Visa. 2 years. With 180 day duration of stay.
Due to my work rota we currently spend 1 month in UK then 1 month outside.
I always thought the 180 day was per 1 trip, but recently read it is 180 days in a 12 month period. and this 12 months should be counted backwards from day of exit. Is this correct?
Due to me taking 1 month off work we had planned to spend 3 months in uk (my usual month, plus 1 month off work, followed by usual month again)
We thought this wouldn't be a problem as it is less than 180 days but now see that this would be more than 180 days in a 12 month period.
After this 3 month period we had planned to return to 1 month in 1 month out.
Is it possible for us to do it on current visa?
Is it possible to cancel this visa and change to different type which would allow us to achieve the 3 months stay? if so which visa?
Thankyou
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Irfan replied 1 year ago.

Hi,

Thank you for your question.

In short, your wife's multi entry visa will allow her to remain in the UK for a continuous period of 3 months. 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 visits.

The officers on entry will consider (if questioned) the reason for a series of visits with only brief intervals outside the UK between each visit; this can be explained by demonstrating your work commitments.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months but a pattern and frequency of long visits may conclude that the visits/time spent in the UK amounts to residence rather than a visit.

I hope this helps and look forward to your feedback.

Kind regards,

Irfan

Customer: replied 1 year ago.
Was there ever a rule stating 180 days in 12 months? As I have seen it on other websites yet I cannot find it in the official gov.uk rules.All I can see is a single visit must not exceed 180 days. It says on visa "duration of stay 180 days"We were also told this 12 months part from immigration department in my country of work (not uk based)
Expert:  Irfan replied 1 year ago.

Hi,

You are correct in that a single visit must not exceed 180 days but there is no rule to say that a person will be refused entry within six months of his/her visit to the UK. In your application for your wife's visit visa you may have already addressed the purpose for requesting this visa i.e. your intended travel plans. Therefore the visa will have been granted knowing that you are likely to stay in the UK due to your time off and it is also acceptable that your wife can utilise her visit visa during any annaul leave.

The general advice is to not to exceed 6 months stay in 12 months as entry can be refused at the discretion of the Immigration Officer on the day but if you are questioned at the airport you should demonstrate your wife's stability over the long term as it will support her case for successive visits. Naturally an Immigration Officer will expect your wife to have a Spouse visa but due to your current lifestyle it is perphaps not appropriate for her to apply for this; this is also a point you can raise if questioned.

Kind regards,

Irfan

Expert:  Irfan replied 1 year ago.

Hi,

Just a quick follow up on your question; if you do have any further queries or are satisfied with my answer please do provide me with your feedback.

I look forward to hearing from you.

Kind regards,

Irfan

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