Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 5 of 5 Posts

·
Registered
Joined
·
21 Posts
Discussion Starter · #1 ·
I accidentally stayed in the UK as a visitor by 3 weeks...:behindsofa:

I was in the UK staying my husband/sponsor 5 months from Jan-June 2017, then came back home to the US for a month.
Went back to the UK August-Sept 2016 for 7 weeks thinking they would give me another 6 months but was notified by the Border Agency that I was only allowed 6 months in a calendar year - not 6 months AT A TIME. Oops.

They let me in but said I needed to return with a visa - which I had already intended to do.

My questions is....Do I mention it in my Letter of Introduction?

Here's the potential paragraph from my letter:
"After he got settled into the rented house, I returned to the US after five months for work as I was aware I could only visit the UK for 6 months at a time. I made plans to return to the UK to further support my husband for another seven weeks with a ticket to return to the US on September 16, 2017 for work and to apply for a Settlement Visa. I was informed by the border agency upon my arrival in Edinburgh July 25, 2017 that the rule states that a visitor may only visit 6 months in a calendar year so I went over the six month limit by three weeks. I am extremely sorry for this error and absolutely did not mean to do so."

Should my husband speak to it in his Letter of Sponsorship?

Thanks for your time~

e
 

·
Registered
Joined
·
5,534 Posts
I think your proposed explanation is fine and appropriate, it would probably be redundant for your husband to mention it as well

Though to be honest, I was under the same impression as you - you are allowed 6 months at a time, as allowed by the stamp upon entry - Besides possible tax residency complications, I don't think there is an official immigration rule about 6 months in a calendar year; if there is, I haven't seen it (and am willing to stand corrected). Whether or not the BFO still admits you less than 6 months after a 6-month stay is at their discretion, and they will warn you if you are approaching 6 months in a calendar year, but if they gave you permission to enter again shortly after the maximum visit then that error is really on them, UNLESS you stayed longer than you stated you would to the BFO.
 

·
Registered
Joined
·
21 Posts
Discussion Starter · #3 ·
I think your proposed explanation is fine and appropriate, it would probably be redundant for your husband to mention it as well
Thank you!

Though to be honest, I was under the same impression as you - you are allowed 6 months at a time, as allowed by the stamp upon entry - Besides possible tax residency complications, I don't think there is an official immigration rule about 6 months in a calendar year; if there is, I haven't seen it (and am willing to stand corrected).
I never saw anything about staying 6 months "in a calendar year" the BFO stated we have to look at the whole picture Whatever that means...

Whether or not the BFO still admits you less than 6 months after a 6-month stay is at their discretion, and they will warn you if you are approaching 6 months in a calendar year, but if they gave you permission to enter again shortly after the maximum visit then that error is really on them, UNLESS you stayed longer than you stated you would to the BFO.
I agree. I showed him that I had a return ticket to the US, made a bunch of notes on his paper, and let me in.


Thanks for taking the time to answer c-o

e
 

·
Registered
Joined
·
7,358 Posts
The rule of thumb is 6 months in a 12 month calendar period.

So spending 5 months in the UK, leaving and then re-entering within a couple of months means you have 4 weeks left on your allowance.

Spending any more time would lead an official to think you are "living" in the UK on a visitor visa.
 
1 - 5 of 5 Posts
Status
Not open for further replies.
Top