UK Standard visitor visa

A person can enter the UK temporarily as a visitor for many different reasons, for instance, holiday, to get medical treatment, to wed, for business or to visit friends and family. This post will focus on the standard visa.

An Entry Clearance Officer will decide whether an applicant meets the suitability and eligibility requirements.

Suitability

A person may have their entry clearance or permission cancelled on suitability grounds.

Applicants who might be considered unsuitable are those:

1. with a criminal record, and
2. those who have previously breached UK immigration law.
3. who have unpaid bills totalling more than £500 from the NHS,
4. who have engaged in litigation with the Home Office and failed to pay the costs of that litigation where a cost award was made against them.

Genuineness and credibility

To pass the genuine test the Home Office will look at the applicant’s intention. The applicant must prove that they:

1. will leave the UK at the end of their visit; and
2. will not live in the UK for extended periods through frequent visits or make the UK as their main home.
3. is genuinely seeking entry for a purpose permitted by Appendix V
4. will not undertake any prohibited activities.
5. must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds. This includes the cost of the return or onward journey, any costs relating to dependants, and the cost of planned activities.

The following factors might be considered:

• The applicant’s previous immigration history, including visits to the UK and other countries.
• The duration of previous visits, and whether the applicant overstayed.
• The applicant’s financial circumstances including their family social and economic background.
• The applicant’s personal and economic ties to their country of residence.
• The cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12 months period and whether it amounts to residence in the UK.
• Whether the information and reasons for the visit provided by the applicant are credible and correspond to his personal, family, social and economic background.
• The applicant’s country residence and/or country of nationality, including information on immigration non-compliance by individuals who applied for a visit visa from the same geographical region as the applicant.

Maintenance and accommodation

An applicant must have sufficient funds to cover all reasonable costs in relation to his visit without working or accessing public funds. This includes airfares, costs relating to dependants and any planned activities.

The key question to be answered

• Where the applicant will be staying
• The costs likely to be incurred, including any ongoing financial commitments the applicant might have in their country of residence such as rent, mortgage payments any dependants whom the applicant supports financially, including those who are not travelling with him.
• The sources of revenue that are available to the applicant.

Home Office guidance is that an applicant’s income or savings, minus his financial commitments, must be sufficient to meet the likely costs he will incur in the UK and be reasonable spending in light of their financial situation.

Funds, maintenance and accommodation provided by a third party

A visitor’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that they:

(a) have a genuine professional or personal relationship with the visitor; and

(b) are not, or will not be, in breach of UK immigration laws at the time of decision or the visitor’s entry to the UK; and

(c) can and will provide support to the visitor for the intended duration of their stay.

When assessing whether the relation between the applicant and third-party sponsor is genuine, the Home Office will consider the appropriateness, where they met, and how often and what method they communicate and the third party’s history of sponsoring visitors.

If the third-party sponsor is a friend or family members, they must demonstrate that they have enough funds available to support themselves, and anyone normally dependant on them as well as the applicant.

If the visa application is granted the applicant is given leave to enter the UK for a period not exceeding six months, subject to a condition prohibiting employment and not to have recourse to public funds.