Under Appendix V of the Immigration Rules (‘IR’) there are a number of different categories of visitors; the standard visitor; visitor for marriage or civil partner; visitor for permitted paid engagements and transit visitors. We will be dealing primarily with the standard visitor category.
Appendix V was introduced to the IR in April 2015 (replacing the old Part 2 of the IR), and amended on 1 December 2020. All references in this section are to the current Appendix V. The structure of Appendix V is similar to the structure of Appendix FM, IR; you will consider Appendix FM in Chapter 5.
For a standard visitor, the following are relevant to whether an application is successful:
- General requirements (‘entry requirements’ and ‘validity requirements’ – Parts V1 & V2).
- Suitability Requirements (Part V3).
- Eligibility requirements (Part V4), which can be further divided into:
- General eligibility requirements (V4.1);
- Genuine visitor requirement (V4.2 and V4.3);
- Prohibited activities and payment requirements (V4.4).
General Requirements
Entry requirements for visitors (Part V1)
Many visitors can apply for leave to enter at the port of their arrival. Their application can be considered by an Immigration Officer then and there.
Other visitors, however, must apply for entry clearance before arriving in the UK. They are:
- Visa nationals. (This simply means ‘nationals of countries listed in Appendix VN’ – it includes 111 countries, though there are some exceptions, e.g. for diplomats.)
- Persons seeking a visit visa in order to marry in the UK. (NB this means marrying in the UK and then leaving the UK; persons wishing to marry in the UK and then remain in the UK should seek a fiancé visa.)
- Persons seeking to visit for longer than 6 months (e.g. some academic visitors).
All of these types of visitor must obtain entry clearance (often called a ‘visa’ – though the term is frequently used for any type of leave to remain) before they arrive in the UK. If they do not, and simply apply at the port or arrival, their application will be refused (V1.2).
A non visa national may apply for a visit visa, but is not required to unless they are visiting the UK to marry or to stay in excess of 6 months.
Application Procedure (Part V2)
A non visa national, who does not require a visa, simply needs to apply for leave to enter at the UK border. An immigration officer will assess the application and determine if the suitability and eligibility requirements are satisfied.
Where a visit visa/entry clearance is required is must be obtained prior to travelling to the UK, an on-line application is usually required, with a fee, supporting evidence, a valid travel document and biometric data.
Suitability Requirements (Part V3)
Generally all visitors are subject to the suitability requirements. Essentially the applicant must not fall foul of the suitability requirements as this will lead to the application being refused. Part V3 cross-refers to Part 9 IR, which sets out the types of behaviour which can lead to refusal. These are quite wide-ranging. Some are mandatory – that is, the officer must refuse an application if they apply. Others are discretionary – that is, the officer may refuse an application if they apply.
Examples of grounds for mandatory refusal include:
- Where the applicant is subject to an exclusion order or deportation order (9.2);
- Where the applicant’s presence in the UK is ‘not conducive to the public good’ (9.3);
- Where the applicant has relevant criminal convictions (9.4).
Examples of grounds for mandatory refusal include:
- Where the applicant has been involved in a sham marriage (9.6);
- Where false representations have been made (9.7);
- Where the applicant fails to provide information when reasonably required to do so (9.9);
- Where the applicant has unpaid debts to the NHS (9.11) or unpaid litigation costs awarded to the Home Office (9.12).
Eligibility requirements (Part V4)
A standard visitor must satisfy all of the following requirements:
- A genuine intention to visit (V4.2). This requires that the applicant will leave the UK at the end of their visit, does not intend to live for extended periods in the UK through frequent or successive visits and is genuinely seeking entry for a purpose permitted by the visitor route. The permitted purposes are set out in Appendix Visitor: Permitted Activities. For example for a standard visitor this will include coming to visit family or for a holiday.
- The applicant must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the costs of the return or onward journey. There is no set level of funds required for an applicant to show this. A visitor’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that there is a genuine personal or professional relationship between the visitor and third party. Further the third party must not be in breach of the immigration laws at the time of the decision or when the visitor enters the UK. The third party may be asked to provide a writing undertaking confirming this (V4.3).
- The applicant must not intend to work in the UK (V4.4). There are some limited exceptions, set out in Appendix Visitor: Permitted Activities. For example a visitor may undertake incidental volunteering for no more than 30 days for a charity registered with the Charity Commission, or an expert witness may visit the UK to give evidence in a UK court.
- The applicant must not receive payment from a UK source for any activities undertaken in the UK. Again, there are some limited exceptions, set out in Appendix Visitor: Permitted Activities.
- The applicant must not intend to study in the UK, except where permitted by Appendix Visitor: Permitted Activities. Requirements include that the institution must be accredited, and that it must not be a state funded school or academy.
- The applicant must not intend to receive medical treatment other than private medical treatment or to donate an organ (the visitor must satisfy the additional requirements for these categories of visit, under V7 or V8).
- The applicant must not intend to marry or form a civil partnership except where they have a visit visa endorsed for marriage or civil partnership (V12).
If the application is successful the applicant will be granted a period of leave of up to 6 months (for most standard visitors), with conditions of no recourse to public funds, no study and no work (subject to the permitted activities set out in Appendix PA etc).
Extension of stay as a visitor (Part V15)
The maximum period allowed for a standard visitor is six months (V17). If a person is granted a visitor visa of less than six months they may be able to apply to extend that period up to the six-month maximum. A standard visitor for private medical treatment may be granted a further extension of stay as a visitor for 6 months, provided it is for private medical treatment.
Cancellation & curtailment (Part 9)
Leave granted to a person can be cancelled, or curtailed, in certain circumstances, set out in Part 9 IR. Examples includes where false representations or false documents were provided (whether or not material to the application, and whether or not to the applicant’s knowledge); or material facts were not disclosed in relation to the application. Leave can also be cancelled or curtailed where the visitor ceases to satisfy the requirements of the visitor rules or has breached any conditions of their leave.
The interpretation of the Immigration Rules and the evidence required
The UK Visas and Immigration (‘UKVI’) on-line guidance sets out the kind of documents that should be produced in respect of an application seeking leaving to enter as a visitor. The decision maker must
- if you are employed, a letter from your employer granting leave of absence from your job for a specified period – the letter should also say how long you have been employed by that employer, in what job(s), and when you are expected back at work;
- if you are self-employed, evidence of your business activities and financial standing;
- evidence of any property you own in your home country;
- if you are a student, a letter from your school or college stating the course you are on, its start and finish dates, and the dates of the holiday period when you intend to visit the UK;
- evidence of any family or social ties and responsibilities to return to;
- evidence of any firm travel plans you have made;
- bank statements going back over a period of several months; and
- evidence of savings available to you.