Here is Why Your Visitor’s Visa Can Be Refused or Cancelled

Sahil and Lata are Indian nationals. All their 8 children are British citizens and live in the UK permanently. Recently Sahil and Lata applied for a 5-year family visa, which was granted last month. They are excited. Due to Covid-19, they haven’t seen their children for nearly two years. They plan to travel to the UK next month. Since their visas were granted for 5 years, they intend to spend at least 8 months in the UK or maybe more. They want to live with each of their children for at least one month.

Sahil’s and Lata’s friends told them that if they do this, their visas will be cancelled, and future applications may be refused because they cannot stay in the UK for more than 180 days a year on the UK Visitors’ visa.

You can get more free information about the UK Visitors Immigration route HERE.

 

The 180-Day Rule Does Not Exist

There is no such rule. The 180-day rule for visitors is a myth, which was taken from ‘calculating continuous period in the UK for the Indefinite Leave to Remain Applications’ rule. This rule has nothing to do with the visitors’ rules.

 

General Rules

For you to succeed in UK visitors application, you need to concentrate on meeting three main requirements:

  1. The validity requirement
  2. The suitability requirement
  3. The eligibility requirement

The validity requirements are all about following the correct procedure and submitting the necessary documents.

In very simple terms, the suitability requirements are there to ensure that you are of ‘good character’. You can check the rules here.

To meet the eligibility requirements, you’ll need to prove that you are a genuine visitor.

 

The Genuine Visitor Requirement

To meet the genuine visitor requirement, you’ll need to persuade the decision-maker that you:

  1. will leave the UK at the end of their visit; and
  2. will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
  3. is genuinely seeking entry or stay for a purpose that is permitted under the visitor route; and
  4. will not undertake any of the prohibited activities; and
  5. must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities.

 

Here is Why Your Visitor’s Visa Can Be Refused or Cancelled

Yes, the 180-day rule is irrelevant. However, if you are, like Sahil and Lata, are family visitors, you should be aware that most family visit applications are refused/curtailed (cancelled) because some family visitors live in the UK for extended periods in the UK ‘through frequent or successive visits, or make the UK their main home’. In other words, they live in the UK more than they live in their country of origin.

 

How to Avoid the Refusal or Cancellation of Your Visitor’s Visa?

There is no rule, which indicates that you should be in the UK for any specific period of time (please see the clarification below).

The Home Office will have a look at a great variety of factors, such as:

  • travel history, including how long you are spending in the UK and how frequently you are returning.
  • the purpose of the visit and intended length of stay stated
  • the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to you spending more time in the UK than in your home country
  • the purpose of return trips to your home country or trips out of the CTA and if these are used only to seek re-entry to the UK

 

The 6-Month Rule

What comes as a complete surprise to many family visitors is that they can only stay in the UK for 6 months at a time. Yes, even if you have a 10-year family visa. You’ll need to leave the UK after living in the UK for no more than 6 months or before the expiry of your visa (whichever is the soonest).

You’ll restart your 6-months clock whenever you arrive in the UK again. However, do bear in mind that the Home Office is most likely to check your travel history to ensure that you will not live in the UK for extended periods through frequent or successive visits or make the UK your main home.

So, Sahil and Lata cannot live in the UK for 8 months. After living with their children for up to 6 months – they’ll need to go back home and then renter. Ideally, they should do so after spending some time in their country of origin.

You can get more free information about the UK Visitors Immigration route HERE.

Here is Why Your Visitor’s Visa Can Be Refused or Cancelled