How long can US family visit us in the UK as standard?

Hi there,

Confusingly written stuff on the UKBA website.  It appears that US parents could visit us in the UK for 6 months as standard. However, there is a bit about 'extensions' on the website which says 'if your initial stay was 3 months you can extend it to 6' and you have to pay a ridiculously expensive fee. I am assuming that the UKBA perhaps decide on the time when you get to Heathrow depending what 'risk' category you are. The parents will be retired soon so may like to stay for much longer in future. 

Many thanks

Six months out of any twelve month period.

The standard visitor visa is valid for 6 months, and the majority of visitors to the UK will be granted 6 months of leave.

However, 6 months is the maximum amount of time a visitor can legally stay in the UK, but in most cases, people will not try to stay a full 6 months (i.e. someone coming to the UK for a 2-week vacation will normally be granted a 6-month visitor visa, even though they will leave the UK after 2 weeks).

But every individual's situation is different and the immigration officer does not have to let anyone into the UK at all, let alone for 6 months, if they feel that they are not a genuine visitor. The 3 common scenarios that could happen at the airport are:

1) The visitor is let into the UK for a maximum of 6 months
2) The visitor is considered high-risk of overstaying in the UK and is only let into the UK for a short period of time (i.e. until the return date on their plane ticket, or possibly even for as little as a few days).
3) The visitor is deemed not genuine (i.e. they are trying to live in the UK illegally on a visitor visa) and is refused entry to the UK. They will be sent back to the US on the first plane available (usually at their own expense).

A visitor should not spend more than 6 months out of any 12-month period in the UK...and because of this, it is extremely rare for anyone to successfully be granted an extension to a visitor visa (in the 6 years I've been posting on this forum, I've never even heard of a visitor visa extension being granted).

If the US parents wish to come to the UK for 6 months, they will need to have a great deal of very solid evidence that they are genuine visitors, that they have enough money to live off for the whole 6 months without receiving any income or trying to work in the UK, that they have ties to the US and lives to return to that will prevent them from attempting to stay in the UK for longer than 6 months.

It is very important to show strong ties to the US, and the longer they try to stay in the UK, the stronger the ties must be, and more likely that they will not be considered genuine visitors and will be refused entry to the UK.

The normal documents used to show ties to the US are:

- A return ticket for a specific date
- Evidence of a home to return to (evidence of homeownership or a rental agreement showing you are continuing to pay rent/mortgage in the US while visiting the UK)
- Evidence of a job or studies that you must return to by a specific date (i.e. a letter from the employer stating you have been given time off to visit the UK, and what date you will be expected to return to work)
- Any other ties to the US that you must get back for (family members that need care, important appointments/meetings/events that you have to be back for etc.)
- Enough money in your bank account to support yourself without working for the duration of the visit

Have the US parents visited the UK before? Do they have a positive immigration history with the UK?

The best course of action would probably be for them first to come over to visit for a shorter amount of time than 6 months (i.e. just a few weeks), as it will be easier for them to show ties to the US and the shorter their visit, the more likely it is that they will be viewed as genuine visitors and not refused entry (if they are refused, they will need to apply for a visa to visit the UK in future).

Then they should return to the US for at least as long as they stayed in the UK and if they want to come back again for a short visit a few months later, they can, as long as they haven't/won't have been in the UK for a total of more than 6 months in the past 12 months.

This would be a safer approach than them trying to stay for 6 months straight out. For a start they wouldn't need as much strong evidence of ties and of being genuine visitors, and also they can start to build up a positive immigration history in the UK.

Thanks for the response. 

Yes they have been many times here on short trips and they own property in the US etc etc.   To be honest with you I doubt either of them would want to stay for 6 months total but I was interested in the prospect of how long they could in theory. They are retiring and if we decide to have a child it would be nice if they could come and spend some quality time and emotional support.

I appreciate the detail in your response and being 'prepared' is never a bad thing but can't help thinking it is slightly alarmist in these circumstances. I would hope UKBA are not on the look out for retired couples in their 60s from the USA who want to visit their grandchildren. Would be an awful waste of limited resources when there are much bigger problems afoot.

If you have an open ended ticket because you are not sure when you will come back, does that suddenly mean you are never going home? I would like to think the UKBA have more intelligence and I am sure they do. The real criminals don't get open ended tickets.

Also if you are saying everyone gets 6 months in ‘theory’ even if someone initially intend to stay for 2 weeks it would surely mean that the length of your stay (assuming it is intended to be below 6 months max) isn’t as important as other factors. If you decided you suddenly wanted to stay for 3 months after telling UKBA ‘two weeks’ there is no one to ask you any questions at that point and the people who 'vanish' in the country are likely not going to say they are staying a long time at the gates. Those that are honest and say ‘actually I am staying for 2-4 months with my family’ you would like to think get credit for that. But maybe not.

Thanks again.

I appreciate the detail in your response and being 'prepared' is never a bad thing but can't help thinking it is slightly alarmist in these circumstances. I would hope UKBA are not on the look out for retired couples in their 60s from the USA who want to visit their grandchildren. Would be an awful waste of limited resources when there are much bigger problems afoot.

Perhaps it might be a little alarmist, but then you can never predict who will get bounced and who will be allowed into the UK. It's always risky for anyone to try to visit for a long period of time (i.e. more than a few weeks), regardless of their age or circumstances, so I think it's something they will need to consider.

In the case of a retired couple in their 60s from the US, the IOs may be on the look out for people who might try to retire in the UK without a valid visa in order to get free healthcare on the NHS as opposed to having to pay for medical care in the US... especially if they have children and potential/young grandchildren already in the UK, which would be all the more reason for them to wish to retire in the UK.

As there have been a few members of the forum who have asked if they can bring elderly US parents to live with them in the UK and due to the fact that elderly dependent relative visa is extremely difficult to qualify for, I suppose it's not an unreasonable assumption for an IO to make.

If you have an open ended ticket because you are not sure when you will come back, does that suddenly mean you are never going home? I would like to think the UKBA have more intelligence and I am sure they do. The real criminals don't get open ended tickets.

An open-ended ticket with no definite return date booked is going to be a big red flag to the IO. The most important piece of evidence they will need to show is a return ticket for a specified date and it is usually the first thing the IO will ask for, before any other evidence. If you don't have one, it's unlikely they will let you in. (I have a visitor visa for the US and the last 3 times I have entered (each trip was only 2 weeks), I have been asked for evidence of my return ticket to the UK).

Also if you are saying everyone gets 6 months in ‘theory’ even if someone initially intend to stay for 2 weeks it would surely mean that the length of your stay (assuming it is intended to be below 6 months max) isn’t as important as other factors. If you decided you suddenly wanted to stay for 3 months after telling UKBA ‘two weeks’ there is no one to ask you any questions at that point and the people who 'vanish' in the country are likely not going to say they are staying a long time at the gates. Those that are honest and say ‘actually I am staying for 2-4 months with my family’ you would like to think get credit for that. But maybe not.

Well, it's all about intention at the time you enter the UK.

If you intend to stay for 2 weeks when you enter the UK and you tell the IO that (and have a return ticket), but then the day before you are due to fly home, you decide to stay a bit longer, that is not a problem (as long as you don't stay more than 6 months), because you were honest with immigration when you entered the UK and your plans genuinely changed at the last minute.

However, if you tell the IO that you are going to stay for 2 weeks, but you fully intend to change your ticket and stay for 6 months instead, then that is considered using deception to enter the UK and if the IO discovers this (through further questioning), then they can and will refuse you entry and you can be banned from entering the UK for 10 years.

So, you need to be honest with the IO - if you intend to stay for 2-4 months, then you need to tell them that (although you will need to have a definite planned return date and a ticket stating this date).

However, because 2-4 months is much longer than the regular tourist normally stays (especially considering that US workers generally don't get much annual vacation time), you will need to be prepared to show extra evidence that you are in fact a genuine visitor and that you really do intend to leave after those 3-4 months... the return ticket with a specific date is the most important, then your finances and ties to the US to show you must return home after those 3-4 months.

Perhaps it might be a little alarmist, but then you can never predict who will get bounced and who will be allowed into the UK. It's always risky for anyone to try to visit for a long period of time (i.e. more than a few weeks), regardless of their age or circumstances, so I think it's something they will need to consider.

In the case of a retired couple in their 60s from the US, the IOs may be on the look out for people who might try to retire in the UK without a valid visa in order to get free healthcare on the NHS as opposed to having to pay for medical care in the US... especially if they have children and potential/young grandchildren already in the UK, which would be all the more reason for them to wish to retire in the UK.

As there have been a few members of the forum who have asked if they can bring elderly US parents to live with them in the UK and due to the fact that elderly dependent relative visa is extremely difficult to qualify for, I suppose it's not an unreasonable assumption for an IO to make.

Yes I do see your point here.  However I do think that they are a low risk category  compared to a 'tourist' from a developing country who has no definate place of abode and can easily move around. Let's face it the USA has a high standard of living in general and you probably get few economic migrants. Plus Florida is much warmer for those retiring    I would like to think that UKBA are sensible and if you give them your relatives address etc they will know where to find you. If you try and get free NHS there are safeguards in place for that now (so I understand). Also you won't be able to run very fast  

An open-ended ticket with no definite return date booked is going to be a big red flag to the IO. The most important piece of evidence they will need to show is a return ticket for a specified date and it is usually the first thing the IO will ask for, before any other evidence. If you don't have one, it's unlikely they will let you in. (I have a visitor visa for the US and the last 3 times I have entered (each trip was only 2 weeks), I have been asked for evidence of my return ticket to the UK).

Yes I agree. I am a UK citizen and have had a lot of questions when visiting my in laws focusing on my return trip etc. But my point is that because it is such a red flag most people up to no good would not fall foul of it, hence I don't think people should always apply blanket assumptions.  There are legitimate reasons for having an open ended ticket, including visiting a sick relative, a business deal etc. I think that the UKBA are a lot more sophisticated and can see genuine cases.

 

So, you need to be honest with the IO - if you intend to stay for 2-4 months, then you need to tell them that (although you will need to have a definite planned return date and a ticket stating this date).

Absolutely, my point is that I would have thought that those people who were honest and said '3 months' as opposed to '2 weeks' would not be treated badly because the fact is that '2 week' person can always change their mind with no one to question them after the fact. If you wanted to 'get in and stay' you wouldn't say 'i'm here for 3 months' would you?


I think my problem is this fear that everyone has and the automatic 'evidence gathering' and checklists. This is not to say I don't think people should be prepared but I do think something as simple as visiting family for a while shouldn't have to be a military operation. Everything to do with livingappeal expat appears to have this 'fear' element when people are doing completely lawful things.

I think essentially it annoys me that people take advantage of the system and those doing things properly have to suffer and be made paranoid that they won't be able to visit. I appreciate the advice though. Don't know if we could have the folks put up with us for too long in one to thinking more about it, haha  

As an aside, I know you mentioned a record of prior trips making it easier at border control. I have found going to the USA to visit the exact opposite to be the case. Been travelling in and out for years about twice a year to visit my wife's family and only recently have I had problems at the airport with lots of questions about my intention to go back etc. Last two times in fact I have had that even though I have a long history of short vacation trips in the USA.

I'm a little confused reading this. Do you need a visa to visit the UK for a short period? Thinking about my wife who is a US citizen.

As for being in the UK over 6 months, I think you could be liable for UK income tax from your income in the US??? I don't know. Just sayin'

I have been traveling to the UK for 60 years and I'm a UK/US citizen but things change so fast. i.e. the question, are you a UK citizen visiting for free medical care? ( I actually have free care in the US because of Medicare. Well almost free)

I'm a little confused reading this. Do you need a visa to visit the UK for a short period? Thinking about my wife who is a US citizen.

Technically, you do need a "visa", but its one that is granted at the border and is really just entry clearance.  You can also apply for a visitors visa in advance which some people choose to do for various reasons.