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Question about staying in the UK 6+ months

Discussion in 'BBS Hangout' started by bobrek, Feb 10, 2016.

  1. bobrek

    bobrek Politics belong in the D & D

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    The UK Government web site is not as much help as I need and the UK embassies we have tried do not answer questions about Visas.

    My 30+ year old non-student daughter wants to essentially go to the UK to live with a friend for an unspecified period of time - for example purposes, let's say 12 months. Work, 'family' and 'marriage/partnership' visas are not in play at this time.

    As a U.S. citizen, she does not need a visa to travel to the UK, but as I understand things, she can only stay 180 days in a 12 month period. So, essentially if she stays 180 consecutive days, she needs to leave for the remainder of the year.

    However, what if she stays for 60 days and then heads back to the USA for 10 days? When she goes back to the UK, is she still in her 12 month cycle or does it start over? There is nothing that I can find that is clear on this matter. Some of the comments I have seen indicate it is essentially up to the UK immigration official as to how your passport is stamped on that second visit.

    Does anyone have any experience or clear knowledge on this?

    Thanks!
     
  2. geeimsobored

    geeimsobored Contributing Member

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    I'm not 100% sure if this is true anymore but technically by the letter of the law, if you leave the UK and come back your 6 months do in fact reset entirely. The UK is not part of the Schengen Area which has a different set of rules regarding the length of your visa stay and how it accrues.

    However, it is at the discretion of the immigration officer. So if they aren't convinced that you are a tourist on your return (and not trying to just work for 6 months illegally), they can deny you entry.

    With that said, I know people who just bought a plane ticket to an EU country, spend a few days, and then return to the UK without issue.

    Most likely your daughter will be fine as long as she doesn't try and work.
     
  3. bobrek

    bobrek Politics belong in the D & D

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    Thanks. You are saying what I think I understand. The problem is if you catch an immigration official on a bad day. :)
     
  4. geeimsobored

    geeimsobored Contributing Member

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    I've never had an issue with UK immigration. They're so caught up trying to weed out people trying to sneak into the EU that they dont even bother with you once they find out you're an american. Just look presentable and personable and you'll get through in 30 seconds.
     
    1 person likes this.
  5. bobrek

    bobrek Politics belong in the D & D

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    She'll have to keep the myriad tattoos covered.
     
  6. Supermac34

    Supermac34 President, Von Wafer Fan Club

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    I thought it was a limit of 180 days in any rolling 365 day period...or maybe by calendar year.

    I know when I worked for a big company we'd have people that couldn't take business trips to London because they were near their limit in a year period. I do think it is cumulative too, so coming back for a week and going back doesn't reset it...I think.

    EDIT: Actually I think you are correct. If you she is staying and is not working, and can support herself (by staying with friends) without public assistance, I think you can stay up to six months, return home, and go back. Everything I've read though is that it raises suspicions that she might be working. Might have to get proof that she has a place to stay and can support herself. Also they can check to see if the people she's staying with receive public assistance too after repeated visits. My example was around work above.
     
    #6 Supermac34, Feb 10, 2016
    Last edited: Feb 10, 2016
  7. geeimsobored

    geeimsobored Contributing Member

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    Assuming you live in Houston, go call or visit the British Consulate in Downtown. I'm sure they can give you a straight answer.
     
  8. bobrek

    bobrek Politics belong in the D & D

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    I called the UK consulate in Houston (even though I am in Minnesota). You get to sit through a number of recorded prompts. Eventually one prompt tells you that the people here cannot answer Visa questions. I punched all sorts of numbers and symbols on my phone to try and get directed to a real person to no avail.

    My daughter (who lives in Austin) experienced the same.

    It seems to be such a straight forward easy question for a consulate representative to answer.

    She can probably get the best answer once she gets over to the UK.
     
  9. geeimsobored

    geeimsobored Contributing Member

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    Just make sure she has a return ticket and the address information of her friend where she is staying. (maybe a bank statement with proof of funds). Its all probably unnecesasry but in case they question her, she'll have proof that she's truly a tourist.

    Or (and I'm not suggesting anyone do this) you can enter via Ireland the second time around and just skip the border control entirely.
     
  10. bobrek

    bobrek Politics belong in the D & D

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    I suspect she has already found all the back roads in. :)
     

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