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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, My wife is in UK on a visit visa (2014-2016). Our circumstances

Resolved Question:

Hi,

My wife is in UK on a visit visa (2014-2016). Our circumstances have changed and she now needs to apply for spouse settlement visa. To apply for spouse visa, she'll need to fulfill the 'financial requirement' part which requires past 6 months bank statements etc. We will need to work towards that from now onwards and with kids at school, apply for the visa during summer 2015 school holidays.

If wife stays in UK until summer 2015 with the above in mind, then travel to her home country and apply for spouse settlement visa, would the long stay in UK (Sep 2014-July 2015) count against her? Or would the relevant authority understand that we did this (a) because of kids at school (b) fulfill financial requirements details?

Thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

She is only allowed to stay for a maximum of 6 months during each visit to the UK. If she stays for more than 6 months, she will be deemed an overstayer and liable to detention and removal from the UK.

The Home Office will not understand the overstay on the grounds mentioned.

Hope this helps
Customer: replied 3 years ago.

I know about the six months rule, I meant she'll stay here for 5months then travel outside UK, then come back and stay for another 5 months, would this count against her when she applies for the spouse settlement visa?


 


Won't immigration control understand why she stayed 5 months at a time bearing in mind the reasons mentioned above?

Expert:  UKSolicitorJA replied 3 years ago.
The general "unwritten" rule is that she should not spend more than 6 months in every 12 months period in the UK, if she stays here for 5 months goes away and comes back again for 5 months, she will be seen as residing in the UK, not visiting, and may be denied entry to the UK and find her visitor visa being revoked as she will not be a genuine visitor.

Hope this helps
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

It helps a lot. It is this 'unwritten' rule that I was looking for.


 


Many thanks

Expert:  UKSolicitorJA replied 3 years ago.
Welcome. Please leave feedback

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