Clarification on UK Visitor Rules Paragraph 41 and the Schengen cooling off period
This question concerns tourists and 'visitors' only, it is not about those seeking long-term migration strategies.
The rule is Paragraph 41 concerning visitors. The clause is (ii), and in 2014 this clause was expanded to include this text...
and does not intend to live for extended periods in the United Kingdom through frequent or successive visits; and
This new text is clearly directed at something. But what? Juxtaposed to this rule, there is a Schengen rule that requires a visitor to undergo a cooling off period such that the rolling 90 days out of 180 days is not violated. Because the UK qualifies as a place where a person can spend their Schengen cooling off period and the UK is adjacent to the Schengen zone, visitors may be attracted to that strategy.
Related question US Citizen: 90/180 Schengen Stay & Bilateral Agreements w/Poland, Denmark, etc
Surely the rule is worded to cover a lot of 'grey areas' that the authorities see as borderline abuse, such as digital nomads who work on foreign-based contracts, and people who are attempting to qualify for residency under Article 8, and people who might be visiting the UK a lot because they are traffickers or drug dealers. It probably also covers people who are conducting long-distance relationships because such people are not bona fide visitors along with people who frequently come and go with no apparent reason who are also not considered to be bona fide visitors.
I'm not asking if you agree with the rule, or if you think the rule will be effective; I am happy to take it as read that the rule exists and will be enforced until Parliament or the courts change it.
Would this new rule affect people who habitually use the UK as a place to reset their Schengen clock? If so, how would they be affected, and why doesn't the rule explicitly say 'Schengen' cooling off period? Is there a possibility that they would be refused entry? Or have their leave to enter shortened? How many times can a person make successive visits before this happens?
The rule itself is here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/381797/Immigration_Rules_-_Part_2_final.pdf
Best Answer
The text seems more targeted at people using the Schengen area to reset their UK clock rather than the other way round.
Having said that, given that many visitors can only spend 90 days out of 180 in the Schengen zone, anyone trying to alternate 90 days in Schengen and 90 in the UK long term might fall foul of the changed rule.
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Is there any cooling off period for UK visitor visa?
While there is no mandatory 'cooling off' period between visits, you should bear in mind that if you repeatedly try to spend periods of six months in the UK, to the extent that you are spending the majority of, or almost the majority of, your time here, this risks falling under point 2 above: 'living in the UK through ...Can I leave the UK after 6 months and come back?
Your new Visitor immigration permission may not be for a further six months: the Border Force Officer may give you just the time you need to complete your studies, or six months minus the length of time you recently spent in the UK as a Visitor.Is the UK 180 day rule per visit or per year?
Visit visas allow stays of no longer than 6 months (or 180 days) per visit. Visit visas can be valid for long term periods (1 year or more), facilitating multiple visits. Additionally, those using visit visas are in general more limited in the activities they are permitted to undertake while in the UK.UK VISA APPLICATION CANCELLATION | LATEST GUIDANCE FROM HOME OFFICE
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