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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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My wife's application UK settlement visa was very recently

Resolved Question:

My wife's application for a UK settlement visa was very recently refused, she met the eligibility requirements but not the financial criteria. This was a fault on our part as we mistakenly thought that we just needed to show a cash saving of £62,500 not realising the saving must be held for at least six months prior to application.
We intend to reapply in Bangkok in January 2016, when we can then show that the required saving has been held for six months.
My wife holds a ten year multiply entry visa to the UK and the government entry clearance office in the settlement refusal letter stated she could still enter the UK under the conditions of this visa. This is required as my son will start school in the UK in September and naturally my wife wants to see he settle, he is a UK passport holder. With this information we travelled to the UK on the 14th August and my wife was then stopped and questioned by the Border officer, as the computer was showing she was refused a settlement visa. We explained that she has a multiply entry visitors visa and that our understanding was she can stay in the UK for a max of 180 in a twelve month period. We also told the officer that my wife intended to use up her six months during this visit and then return to Thailand and apply again for resettlement.
Now comes the question; the offer allowed my wife to enter the UK, which I believe is her right under her current visa, but he did say that she should not stay very long as this may effect her settlement application ! Do you know why he would say this, as I believe as long as she stays no longer than her visa allows she can decide how many days she stays? I am confused by the Border officers comments and need to understand my wife's rights and if staying to near her maximum allotted time before leaving will effect her new settlement application?
Thank you.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
The reason for the border official's comments is that a long stay in the UK under her visitor visa may imply that she is using it to reside in the UK rather than simply visit the UK.
However, as long as she returns back to Thailand before 6 months as permitted by her visa, it should not affect her reapplication for settlement once the funds have been in the bank account for 6 months.
All the best
Customer: replied 2 years ago.

Thank you.

Can you please clarify the rule of her permitted number of days she is allowed in the UK on her current visa. I assume it is maximum 180 days in the last 12 months, rather than 180 days in a calendar year. How is this calculated?

I also wonder how the UK Border force know when my wife leaves the UK, as on most occasions her passport is not scanned by immigration of leaving the UK?

Thank you.

Expert:  UKSolicitorJA replied 2 years ago.
The general rule is that she should not spend more than 6 months in a consecutive 12 months period as a visitor in the UK.

Exit checks came into force earlier this year whereby carriers (airlines etc.) pass on all information of passengers leaving the UK to the Home Office.

All the best
Customer: replied 2 years ago.
Thank you.
Last question; if I understand correctly Immigration would need to count back the previous 12 months from your departure date to make sure that you have not spent a combined number of days in the UK that exceeds 180 days?
In my wife's case we she has a ticket to return to Thailand on 26th January 2016 and if I count back to 27th January 2015, she will have spent the following days in the UK, May 2015 - 10 days and this visit, 14th Aug to 26th Jan - 166 days. Total: 176 days. Is my understanding correct?
Many thanks
Expert:  UKSolicitorJA replied 2 years ago.
Yes, that is correct.

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