Many travellers to the UK believe that they can only spend 180 days (6 months) in the UK each year (the so-called ‘180-day rule’), but this is not strictly accurate. In this article, we will explain how the UK Visitor Visa 180-day rule works for visitors to the UK, what the policy actually states, the implications ‘180-day rule’, the exemptions and exceptions, and provide guidance on managing your visits to avoid overstaying.
What is the 180 days rule for visitors to the UK?
The UK does not have a hard and fast rule that limits visitors to 180 days per year. According to the ‘Immigration Rules Appendix V: Immigration Rules for Visitors’, the Visitor visa is for:
“A person who wants to visit the UK for a temporary period (usually for up to 6 months), for purposes such as tourism, visiting friends or family, carrying out a business activity, or undertaking a short course of study”.
It also clarifies that:
“A Standard Visitor may apply for a visit visa of six months, two, five or 10 years validity, however each stay in the UK must not exceed the permitted length of stay endorsed on the visit visa (usually six months)”.
The rules confirm that while UK Visit Visas may be granted for up to 6 months (i.e. 180 days) (or 2, 5 or 10 years for long-term Visit visas), the maximum amount of time that can be spent in the UK for any one stay is 6 months. This does not mean that you cannot applably for another visitor visa and spend more time in the UK in the same year. Once you have finished your visit to the UK and left the country, there is nothing to stop you from immediately applying for a fresh Visit visa or seeking entry at the border again (depending on your nationality). What matters is that you must be a genuine visitor.
What are the implications of the ‘180-days rule’?
While you can spend more than 6 months in the UK as a visitor each year, this does not mean you should necessarily do so. This is because using a UK Visit visa to spend more time in the year may lead to suspicion and refusal of future visas by Border Force and UK Visas and Immigration (UKVI).
Frequent and prolonged visits under the Visitor visa route may raise suspicions of ‘de facto residency’ (i.e. that you are using the 180-day rule to live in the UK by leaving and re-entering). This may lead to questioning by immigration officers or even refusal of entry.
When deciding on entry under a Visitor visa, officials will take into account the following factors:
- Previous immigration history, including visits to the UK and other countries
- Duration of previous visits and whether this was significantly longer than they originally stated on the visa application or on arrival – if this is the case, officials are advised not to automatically presume that the visitor is not genuine but that this may be a reason to question their overall intentions
- Financial circumstances, as well as their family, social and economic background
- Personal and economic ties to their country of residence
- Cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12-month period, and whether this amounts to ‘de-facto’ residence in the UK, and
- Whether, on the balance of probabilities, the information and the reasons for the visit or for extending their stay provided by the applicant are credible and correspond to their personal, family, social and economic background.
As such, it is important to demonstrate that your primary residence and life are outside the UK.
Exemptions and exceptions to the 180 days rule
Under the Visitor visa immigration rules, you may be able to stay for longer than 6 months if you are a patient receiving medical treatment, an academic (and you still meet the eligibility requirements), or a graduate retaking the Professional and Linguistic Assessment Board (PLAB) test or doing a clinical attachment.
It is important to note, however, that if you need to extend your stay beyond the 6 months permitted, you will need to:
- Apply to extend your stay before your Visitor visa expires while you are still in the UK and
- Pay an application fee of £1,000 (regardless of your nationality).
Managing your visits under the 180-day rule
As we have established, there is nothing to stop you from applying for a new Visit visa once you have left the country and returned to the UK once it has been granted. Alternatively, if you are from a Visitor visa-free country (e.g. the USA), you can simply return to the UK, and as long as the border official is satisfied you are a genuine visitor, you will be granted a new Visitor visa for 6 months.
To manage your visits under the 180-day rule, we recommend:
- Putting a reminder in your calendar for the exact date that you must leave the UK.
- Keeping a detailed record of your entry and exit dates. This helps in proving that your visits comply with visa conditions and can be crucial during future visa applications.
- Avoiding frequent long stays – While the UK allows multiple entries, consistently staying for the maximum period allowed may indicate to UKVI that you are trying to live in the UK without proper permission. Space out your visits and ensure substantial periods outside the UK.
- Maintaining clear evidence of your permanent residence, employment, family ties, and other commitments outside the UK. This will reassure immigration officers that you do not intend to overstay or settle without appropriate visas, and
- If you need to stay for longer than 6 months, applying for a Visitor visa extension – this will only apply if you meet the criteria for an extension.
What are the legal consequences of overstaying?
Overstaying on your Visit visa can have serious legal consequences, including:
- Immediate removal from the UK – You may be deported from the UK and barred from re-entry for a period of time.
- Future visa refusals – Overstaying can negatively impact future visa applications to the UK or other countries.
- Legal penalties – In some more serious cases, you may face fines or even imprisonment for up to 4 years.
To avoid these consequences, always adhere to your visa conditions and seek extensions or changes to your visa status well before your current visa expires.
180-Day Rule FAQs
Is the UK 180-day rule per visit or per year?
The 180-day rule is per visit, not per year. You can stay for up to 6 months on each visit within the validity period of your visa, but there is no strict limit on the number of visits per year. However, excessive visits could lead to scrutiny and potential entry refusal.
Can I leave the UK after 6 months and come back?
Yes, you can leave the UK after a 6-month stay and re-enter. However, if you do this frequently, border officials may question your intentions and assess whether you are effectively residing in the UK without the proper visa.
How many times can you visit the UK in a year?
There is no set limit on the number of times you can visit the UK in a year. Each visit should adhere to the maximum stay allowed under your visa conditions, typically 6 months. Frequent long-term visits may lead to questioning and potential refusal of entry.
Can I leave and re-enter the UK on a visitor visa?
Yes, you can leave and re-enter the UK multiple times on a visitor visa, provided each stay does not exceed the 6-month limit. It is essential to maintain evidence of your travel patterns and demonstrate that you are not attempting to reside in the UK.
Key takeaways:
- The 180-day (6-month) rule refers to the maximum duration of stay per visit, not per year.
- Visitors to the UK on a standard Visitor visa can stay for up to six months at a time.
- UK immigration rules allow visitors to enter and leave the country multiple times within the validity period of their visa.
- There is no rule that visitors cannot spend more than 6 months in the UK within a year.
- There is nothing to stop you from leaving the UK and applying for a new Visit visa or requesting re-entry as a Visitor later in the same year – as long as you are a genuine visitor.
- It is essential that you never stay longer than your visa duration.
- You can stay for longer than 6 months if you have a valid reason to extend your stay. You must apply from within the UK and before your visa expires.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or at contact us today. We’re here to help!
