UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law

I am a UK citizen. My wife has a Type C multi entry visitor

Customer Question
Hi, I am a UK...
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: 2 years ago.Category: UK Immigration Law
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 12 hours by:
11/6/2015
Solicitor: Irfan, Immigration Consultant replied 2 years ago
Irfan
Irfan, Immigration Consultant
Category: UK Immigration Law
Satisfied Customers: 29
Experience: Registered with the Office of the Immigration Services Commissioner (OISC)
Verified

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

Ask Your Own UK Immigration Law Question
Customer reply replied 2 years 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)
Solicitor: Irfan, Immigration Consultant replied 2 years 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

Ask Your Own UK Immigration Law Question
Solicitor: Irfan, Immigration Consultant replied 2 years ago
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Ask Your Own UK Immigration Law Question
Ask Irfan Your Own Question
Irfan
Irfan
Irfan, Immigration Consultant
Category: UK Immigration Law
Satisfied Customers: 29
29 Satisfied Customers
Experience: Registered with the Office of the Immigration Services Commissioner (OISC)

Irfan is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

1,991 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

819 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

252 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
My insane ex is trying to make some ludicrous false claims
Hi, My insane ex is trying to make some ludicrous false claims about me, he however lives in the USA and I live in London. He can't press charges on me can he an he is in the United States? I have sai… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My mother was born in the UK and I wish to go here to live
My mother was born in the UK and I wish to go here to live with my UK son-in-law and family. I wish to purchase property in which to live. What steps do I need to take to do this? … read more
frantzgregory
frantzgregory
603 satisfied customers
Im sorry i got disconnected i was inquiring about arrest
Hi im sorry i got disconnected i was inquiring about arrest records and UK tier 2 visas … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
35 satisfied customers
Can you be able to make your self legal after staying in the
Can you be able to make your self legal after staying in the uk for more than twelve years?… read more
frantzgregory
frantzgregory
603 satisfied customers
I want to marry my partner and she is Lithuanian. After we
Hi, I'm English and I want to marry my partner and she is Lithuanian. After we are married for her to become British or to get a UK passport what does she need to do. There are web sites run by the go… read more
Thomas
Thomas
Solicitor
Bachelor's Degree
1,991 satisfied customers
When I came to the UK, I applied for a spouse visa and I
Hello, when I came to the UK, I applied for a spouse visa and I used my real name, but a different date of birth to make me look older. This is because at that time, they are only giving visa to peopl… read more
frantzgregory
frantzgregory
603 satisfied customers
My US citizen business partner would like to move to the UK
my US citizen business partner would like to move to the UK to further grow our business. Her spouse is Spanish, and her children have dual EU/US citizenship. Her husband has just moved back to the US to take a job, but she wants to live in the UK. What is the best way for us to get her a visa? … read more
Thomas
Thomas
Solicitor
Bachelor's Degree
1,991 satisfied customers
I'm a Canadian citizen and would like to move to work and
I'm a Canadian citizen and would like to move to work and live in UK … read more
Thomas
Thomas
Solicitor
Bachelor's Degree
1,991 satisfied customers
I was born French and acquired British citizenship via my
I was born French and acquired British citizenship via my British mother around 1985. I reside in France and have dual nationality. Are my French wife and children eligible to acquire British national… read more
Clare
Clare
Solicitor
Bachelor's Degree
252 satisfied customers
I would like to bring across/sponsor someone from Pakistan
I would like to bring across/sponsor someone from Pakistan to come and be a live in housekeeper for me and my familyIs this possible If it is what do we need to do… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
I have question. I live in UK and was doing Engineering from
hello, I have question. I live in UK and was doing Engineering from University. I stopped my Studying on 8 May 2009 and Took a Gab year. I have plan to start my Studies on Sep 2010. The question is, T… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I obtained ILR as an Australian citizen living in the UK in
I obtained ILR as an Australian citizen living in the UK in 1982 and have the original letter from the home office and passport stamps in my Australian passport. After living in the UK for 13 years I … read more
frantzgregory
frantzgregory
603 satisfied customers
I have lost my passport which had the ILR stamped in it.
I have lost my passport which had the ILR stamped in it. Applied to Subject Access request department but were unable to find anything. The ILR was granted around 1982-83 which is long time ago. Appli… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
My boyfriend lives in Tunisia and I would like to marry him
My boyfriend lives in Tunisia and I would like to marry him in Scotland how do i get him here so that we can get married … read more
frantzgregory
frantzgregory
603 satisfied customers
Re: Work visa UAE from UK. I hold a British passport (uk
Re: Work visa UAE from UK. I hold a British passport (uk citizen). I have a criminal record from two years ago, commited in the uk (common assault and criminal damage under £5,000). I got offered a jo… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I am a British citizen and am getting married to a Chinese
Hello,I am a British citizen and am getting married to a Chinese national in December. She has been in the UK for over 4 years, firstly as a student, then has spent 3 years working for a Tier 2 sponso… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a British passport which I got through my mum who
Hello! I have a British passport which I got through my mum who came to the country using a high skilled migrant programme. However she is at university at the moment and therefore doesn't earn enough… read more
frantzgregory
frantzgregory
603 satisfied customers
I am a US citizen settled in the UK on the ILR, and have
I am a US citizen settled in the UK on the ILR, and have unfortunately misplaced my passport. My ILR is based on the stamp in said passport. I don't have a BRP, but at the time of my ILR application I… read more
frantzgregory
frantzgregory
603 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x