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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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If a foreigner enters Britain as a visitor for 16 weeks (March

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If a foreigner enters Britain as a visitor for 16 weeks (March to mid June) and then 3 months Sept to December, both visits in 2012. Returns to the U.K. again from Mid February 2013, returns home mid May 2013 and has now returned to the U.K. July 9th 2013. The party who is doing this is I think looking to apply for a fiancée visa but is not yet divorced.
Is it a condition president that her new partner, a UK. citizen and resident, has to have met her family?, This is a requirement stated as part of proving a Genuine and sustaining relationship but can that be waived?. Also if the last visit is misrepresented on entry, i.e. previous visits are not declared (new passport was issued July 2013 thus no previous visits recorded). Would this have an impact upon the fiancée visa application?
An application is unlikely to be refused solely on the basis of not having met both families but each of the stated requirements that cannot be met reduces the chances of approval.

If the caseworker is aware that a previous application contained statements that were false then this could have a negative impact upon the application.

It is usually best to be honest in applications.
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Customer: replied 4 years ago.


I was advised that it is discretionary how long a visitor can stay, up to a maximum of 6 months but no 'within period' is stated, however if a person is visiting for 3 month periods adding up to more than 6 months for the past two years, is this thought by immigration to be'a person using the visitors period as a method of residency?

There is no firm rule about this. Visit visas are intended for short, irregular trips, so if trips are regular and for long periods then this can count against the applicant but 6 months in 2 years would not be a definite issue. It is also worth remembering that the rules relating to a person's right to a family life mean that this is less likely to be an issue when applying for a family visa.