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My friend is a regular visitor to the UK from Ghana and a company director of a large business out there - so proof of means isn't an issue. His partner is also a British citizen - although they've never found it necessary to file for a settlement visa because they live primarily in Ghana coupled with the fact that he's always applied for, and granted a 5-year visa at any point in time. I think it is also worth mentioning that his partner owns a home in London which isn't rented out but kept for their sole use when they visit as they often do.

He recently travelled to the UK and the immigration officer detained him for over 10 hours asking all manner of questions after which he was allowed in for 3 weeks but not before the remainder of his 5 year visa was cancelled which in itself seemed odd.

On questioning the reason for cancellation, he was told that he had stayed for a cumulative total of over 90 days in the year under consideration which he obviously did not realise he wasn't allowed to do and that they weren't convinced he wasn't trying to settle here - a ridiculous proposition at best and why let him in if that convinced?

He wants to reapply for a new visa in Ghana but not sure what his options are. He is also not sure if he should appeal the ridiculous decision to cancel the remainder of his 5 year multiple visa, and if he decides to go down this route what his options are.

31

Your friend's leave was curtailed at port and they were issued temporary admission for three weeks. It's not unusual at all for this to happen, especially if the visitor has personal affairs that need attention and they are not a flight risk.

There is no such rule limiting a person's stay to 90 days per year or any other period per year. When a person has a 5 year visitor visa they can stay for a maximum of 6 months on any particular visit.

So why was the visa curtailed? The Immigration Officer decided that your friend was making the UK their home and centering their life on a presence in the UK. The rules allow an IO to make that determination. We cannot second guess the IO's decision here, all we can do is say his actions are within the scope of the rules.

Unless your friend can show that the IO's decision was racially motivated (or discriminatory in some other way), there is no path of appeal available to him. If he tried, it wouldn't even reach the hearing stage. He could also lodge a perversity judicial review (cost of about 20k) with the same expected result.

The remaining option is to make a fresh application that includes an explanation of why he is not making the UK his home and he is not living in the UK with a view towards settlement.


Your friend should consider instructing a UK solicitor with experience in applications where there has been a previous curtailment.

  • @Gayot Fow Thank you so much for pointing out "make a fresh application that includes an explanation". This helps me as well. I now understand that visa cancellation doesn't necessarily lead to visa banning when appropriate actions are taken. – Max Aug 2 '16 at 22:17
  • How did it go? Successful? – user 56513 Dec 23 '18 at 15:43

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