How many times a year.....?

[Epic]

I have a friend who met someone in the states and has been going over to see him as much as possible...now she went earlier this year for the full 90 days then came home for only 3 weeks and then went back again for another full 90 days(which surprised me that she was allowed in) and she has come home again for 4 weeks and plans to go back this weekend AGAIN for another full 90 days!!!

Now im really shocked that this is being allowed...i was under the impression this wouldnt be allowed cause i thought they limited you very strictly but she just seems to be able to keep walking back in as a tourist....surely it wont be this easy again to go back for 90 days with such a short break in between???..

If it was that easy everyone would be doing it and ive been telling her surely they wont let her just walk back in but she is confident they will

Anone know anything about this?
Thanks

[steph_goodrum]

The more your friend does this the more chance there is she will be stopped and taken for secondary questioning before they decide if she will be allowed to enter.

The Immigration officer will want proof that

a) she does intend to return to UK so may ask for proof of residency , mortgage etc. job commitments, family ties to UK etc.

b)she has sufficient funds to support herself and does not intend to work.

I know someone who went for 3 months and was denied entry because he had rented his flat to a friend for the 3 months and been made redundant so they thought he might intend working or disappearing into the unknown.

I'm not saying it will happen but she should prepare herself that by coming and going so frequently she could be considered to be establishing a "significant presence" in the US and they may start to ask the questions.

The other thing your friend needs to be very careful of is that if she is staying the full 90 days allowed on VIsa waiver, she her flight be delayed any time to leave she runs the risk of being classed as an "overstayer" and refused entry the next time she tries to come into the country. This happened to someone and although she was only 15 mins into the 91st was denied entry the next time and had to apply for a Visa.

[Epic]

See this is where im confused as to why she keeps being allowed in as she does not have a mortgage or even her name on any property, has no job over here and is basically planning on doing this as often as possible.

Cant really believe that this is allowed and if she manages to walk straight in this time then something must be up cause she cant prove how see is supporting herself because the people she stays with support her and she doesnt even work whilst here waiting to go back

confusing really

Thanx for the info anyway[msnsmile]

[florida4sun]

She is also falling into the 180 day tax rule, if you sepdn 180 days or more (in the last 3 years) inside the usa then there are tax implications.

<blockquote id="quote" class="ffs">quote:Originally posted by Epic
I have a friend who met someone in the states and has been going over to see him as much as possible...now she went earlier this year for the full 90 days then came home for only 3 weeks and then went back again for another full 90 days(which surprised me that she was allowed in) and she has come home again for 4 weeks and plans to go back this weekend AGAIN for another full 90 days!!!

Now im really shocked that this is being allowed...i was under the impression this wouldnt be allowed cause i thought they limited you very strictly but she just seems to be able to keep walking back in as a tourist....surely it wont be this easy again to go back for 90 days with such a short break in between???..

If it was that easy everyone would be doing it and ive been telling her surely they wont let her just walk back in but she is confident they will

Anone know anything about this?
Thanks
[/quote]

[Robert5988]

There is nothing to stop you entering on a Visa Waiver as often as you wish - the regulations specifically state this. In theory you could enter for 90 days, return to UK for a day and then go back for another 90 days.(you can't now go to Canada, Mexico etc)

HOWEVER

Every time you have to convince the Immigration officer that you do intend to return to UK and comply with all of the regulations whilst in the USA; mainly I suspect not working.

Provided you can convince the Immigration Officer of this, why would he wish to stop you?

However as said above in your friends case I suspect that she might soon run into problems.