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Transpondia Immigration FAQ © |
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Transpondia Immigration FAQ © |
| What is the 'spent-leave', and how does it work? | |
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To begin, let's have a look at the IDIs...
"...There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal. It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country (but see Section 3 of this chapter in the case of visitors for private medical treatment)..." Commentary: The so-called 'spent-leave' rule is not mentioned in the official UK immigration rules, but rather it is a constructive rule that can be used by an Immigration Officer in determining whether or not to allow a visitor to enter the UK. The rule states that a visitor should normally spend a maximum of six months out of any twelve months in the UK, and attempting to stay for a longer period is a signal that the applicant is not a genuine visitor. | |
| I entered the UK in July and it is now January. Does my six months automatically renew because it is a new calendar year? | |
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No. Calendar years have nothing to do with it. It is a rolling year which begins on the date you last left the UK.
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| I entered the UK in July, then in December I went to France. When I returned to the UK, the IO stamped my passport with a visitor visa expiring in June, and this will make more than six months in a twelve month period. Am I in breach? | |
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No. If your current visa has not expired, then you are not in breach. The 'spent-leave rule' only works upon admission or application, and if you were "stamped in" for another six months, then you may stay without violating the 'spent-leave rule'.
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