+ All Categories
Home > Documents > IDI C2 Visit General Visitor

IDI C2 Visit General Visitor

Date post: 08-Aug-2018
Category:
Upload: klf1995
View: 214 times
Download: 0 times
Share this document with a friend

of 40

Transcript
  • 8/22/2019 IDI C2 Visit General Visitor

    1/40

    Page 1 of 33 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitorsThis guidance is based on the Immigration Rules

  • 8/22/2019 IDI C2 Visit General Visitor

    2/40

    This guidance is based on the Immigration Rules

    Page 2 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    About this guidanceAbout this guidance

    Key facts

    Entry or extension

    requirements

    Other categories

    covered by general

    visitors

    Granting or refusing

    Dependants

    This guidance tells you how to consider applications for leave in the general visitor categoryunder paragraphs 41-46 of the Immigration Rules.

    General visitors are those who are coming for tourism, a holiday or to visit family.

    There are no provisions within the Immigration Rules to grant:

    Indefinite leave to remain (settlement) in any of the visitor categories.

    Someone entry to the UK as a dependant of a visitor. A dependant or family memberwill need to qualify in their own right in one of the visitor categories.

    For more information on the Immigration Rules, see related link: Immigration Rulesparagraph 40-56Z.

    Changes to this guidance This page tells you what has changed since the previous versionof this guidance.

    Contact This page tells you who to contact for help if your senior caseworker or linemanager cant answer your question.

    Information owner This page tells you about this version of the guidance and who owns it.

    In this section

    Changes to this

    guidance

    Contacts

    Information owner

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    3/40

    This guidance is based on the Immigration Rules

    Page 3 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Changes to this guidance

    About this guidance

    Key facts

    Entry or extension

    requirements

    General visitorrequirements

    Other categories

    covered by general

    visitors

    Granting or refusing

    Dependants

    This page lists the changes to the general visitor guidance, with the most recent at the top.

    Date of change Details of change25 June 2013 Change request:

    Visiting family in the UK family visitors:o sub-heading Application made on or after 9 July

    2012 has been changed to Application madebetween 9 July 2012 25 June 2013

    o first paragraph, first sentence For appeal purposeshas been inserted at the beginning of the sentence

    o sub-heading Applications made on or after 25 June2013 and three paragraphs new

    Grant or refuse entry clearance:o last paragraph sub-heading Right of appeal and

    content has been deleted

    Minor housekeeping changes.

    6 April 2013 Change request:

    Key facts:o Eligibility requirements fifth bullet point has been

    amendedo Entry Clearance endorsements, C:VIST: 12

    MONTHS:CODE 3 (only used for Archaeologicalexcavations) has been added

    Entry or extension requirements:o sub-heading Requirements of a grant of leave, fifth

    bullet point has been amendedo sub-heading Requirements for extension of stay, last

    Related links

    Visiting family in the UK

    family visitors

    Grant or refuse entry

    clearance

    See also

    Contacts

    Information owner

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    4/40

    This guidance is based on the Immigration Rules

    Page 4 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    paragraph has been re-written

    Credibility and intensions:o sub-heading Establishing credibility and intensions,

    third paragraph, first sentence after account thevisitor has been added

    o second, and third bullet points are new

    o fourth bullet point has been amendedo sub-heading Grounds for doubting credibility and

    intentions, first bullet point after a friend or relativehas been added

    Undertakings and guarantees:o first and second bullet points have been amended

    Frequency and duration of visits:o this page has been re-written

    Multi-entry visas:o fifth paragraph has been re-writteno sub-heading UK Border Agency officers at port of

    entry, new third sentence

    Maintenance and accommodation:o this page has been re-written

    Grant or refuse entry clearance:o sub-heading Length of leave, second paragraph,

    new second bullet point

    Contacts:o third paragraph, third bullet point has been amended

    Minor housekeeping changes.

    For previous changes to this guidance you will find all earlierversions in the archive. See related link: Visitors archive.

  • 8/22/2019 IDI C2 Visit General Visitor

    5/40

    This guidance is based on the Immigration Rules

    General visitors

    Key facts

    This page lists key facts on general visitors.

    Category: General visitors

    Eligibility requirements The applicant must:

    be genuinely seeking entry as a general visitor for aperiod not exceeding six months; or 12 months for avisitor coming to an archaeological excavation in the UK

    leave the UK at the end of the period of the visit

    maintain and accommodate themselves and anydependants without using public funds

    meet the cost of the return or onward journey.

    The applicant must not:

    intend to live in the UK for extended periods throughfrequent or successive visits

    intend to take employment in the UK

    intend to produce goods or provide services within theUK

    intend to ndertake a co rse of st d

  • 8/22/2019 IDI C2 Visit General Visitor

    6/40

    This guidance is based on the Immigration Rules

    normally granted for? 12 months for visitors coming to archaeological excavations

    Are dependants allowed? No dependants must qualify as a visitor in their own right.

    Work and study allowed? No

    Is switching into this categoryallowed? No

    Does this category lead tosettlement (indefinite leave toremain)?

    No

    Is knowledge of language andlife required?

    No

    CID case type Visitor (general) EC

    In country case types:

    Visitors (general) - LTR

    Visitors (Special) - LTR

    Immigration Rules paragraphs paragraph 40-46

  • 8/22/2019 IDI C2 Visit General Visitor

    7/40

    This guidance is based on the Immigration Rules

    Page 7 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Entry or extension requirementsAbout this guidance

    Key facts

    Entry or extension

    requirements

    General visitorrequirements

    Other categories

    covered by general

    visitors

    Granting or refusing

    Dependants

    This page explains the requirements a person wishing to come to the UK as a general visitormust meet in order to obtain either entry clearance, leave to enter at a port of entry, orextension of stay in the UK.

    Visa nationals and anyone applying to come to the UK for more than six months will requireentry clearance.

    When considering an application you must check that:

    the application is valid

    the applicant's passport or travel document is genuine

    the applicant meets the substantive requirements of the category

    there are no general grounds for refusal.

    For more information, see related links:

    Specified application forms and procedures

    Passports and travel documents

    General grounds for refusal.

    Requirements for a grant of leaveThe applicant must:

    be genuinely seeking entry as a general visitor for a period not exceeding six months or12 months for a visitor coming to an archaeological excavation in the UK

    leave the UK at the end of the period of the visit

    maintain and accommodate themselves and any dependants without using public funds

    meet the cost of the return or onward journey.

    The applicant must not:

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    8/40

    This guidance is based on the Immigration Rules

    Page 8 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    intend to live in the UK for extended periods through frequent or successive visits

    intend to take employment in the UK

    intend to produce goods or provide services within the UK

    intend to undertake a course of study

    be a child under the age of 18. For more information on the visitor category that

    applicants under 18 must apply under, see related link: Child visitors intend to marry or form a civil partnership

    intend to give notice of marriage or civil partnership

    intend to receive private medical treatment

    be in transit to a country outside the common travel area

    Requirements for extension of stayThe applicant must:

    still meet all the requirements as stated above not have exceeded or would as the result of an extension exceed six months, or 12

    months if attending an archaeological excavation in the UK

    have been last granted entry clearance, leave to enter or leave to remain as a generalvisitor or as a child visitor

    not be in breach of immigration law, except for any period overstaying:o for 28 days or less, which will be disregarded, oro if the application was submitted before 9 July 2012

    have sufficient funds and must not be working to support themselves.

    For more information, see related link: Applications from overstayers (non family members).

    A general visitor granted less than six months leave when they entered the UK can be grantedan extension of stay to bring their total stay up to six months. You must make further enquiriesto find out why less than six months was originally given before granting an extension.

    You must only grant leave to remain for a period beyond six months if one or more of thefollowing criteria are met:

  • 8/22/2019 IDI C2 Visit General Visitor

    9/40

    This guidance is based on the Immigration Rules

    Page 9 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    The visitor falls in a category allowed a total stay of up to 12 months. Or

    There are compassionate and compelling grounds for the visitor to be in the UK beyondsix months, for example the illness of a relative. Such cases are considered on anindividual basis outside the rules. This does not include visitors who are seeking toprovide child care support. For more guidance, see related link: 02.0 Carers.

  • 8/22/2019 IDI C2 Visit General Visitor

    10/40

    This guidance is based on the Immigration Rules

    Page 10 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    General visitor requirementsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This section tells you how to establish if an application from a general visitor is genuine.

    Paragraph 41(i) of the Immigration Rules requires an applicant to be seeking entry to the UKas a genuine general visitor.

    In this section

    Credibility and intentions

    Undertakings andguarantees

    Frequency and durationof visits

    Multi-entry visas

    Employment or study

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    11/40

    This guidance is based on the Immigration Rules

    Page 11 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Credibility and intentionsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you how to establish the credibility or intentions of a general visitor applicant.

    Establishing credibility and intentionsYou must assess all documents together with any other evidence that may be relevant to thecase.

    Having a return ticket and other supporting evidence does not guarantee that a visitor intendsto comply with their conditions of stay or that they intend to leave at the end of their visit.

    You must consider if the proposed purpose of a visit to the UK is reasonable, taking intoaccount the visitors:

    financial means and their family, social and economic background

    ties to their home country previous immigration history and visits to the UK, and

    if the cumulative period of time spent in the UK amounts to genuine residence. Seerelated link: Frequency and duration of visits.

    Keeping a recordIf you doubt the intentions of a visitor but lack sufficient evidence to refuse them leave to enteror remain, you must record full details of their stated intentions, especially those given verbally.You must record these details either on:

    Proviso

    the landing card CID, or

    on a written account of the interview.

    Grounds for doubting credibility and intentionsThe credibility and intentions of a passenger could be doubted if:

    In this section

    Undertakings andguarantees

    Frequency and durationof visits

    Multi-entry visas

    Employment or study

    Links to staff intranet

    removed

  • 8/22/2019 IDI C2 Visit General Visitor

    12/40

    This guidance is based on the Immigration Rules

    Page 12 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    They or their sponsor (if they are visiting a friend or relative) have clearly attempted todeceive a Home Office officer.

    There are clear discrepancies between the statement made by the visitor and thestatement made by the sponsor. Particularly on points where the sponsor couldreasonably be expected to know the facts but does not.

  • 8/22/2019 IDI C2 Visit General Visitor

    13/40

    This guidance is based on the Immigration Rules

    Page 13 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Undertakings and guaranteesAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you about undertakings and guarantees needed from general visitors abouttheir visit.

    A visitor must satisfy the Home Office:

    they genuinely intend to stay temporarily in the UK for a specific period and will leave atthe end of it, and

    they do not intend to live in the UK for extensive periods because of frequent,successive visits.

    An application for leave to remain must be refused if an applicant has failed to honour anyundertakings as to the duration and purpose of their stay.

    Where a visitor's intentions are in doubt but there is insufficient evidence to refuse leave toenter, full details of the passenger's stated intentions, including any undertakings given orally,must be recorded on the landing card or any other written account of the interview.

    Undertakings from sponsorsApplications for leave to enter are sometimes supported by undertakings or guarantees fromsponsors, for example, Members of Parliament, community leaders or other third parties.

    It may be appropriate and acceptable to take into account promises of maintenance and/oraccommodation made by a sponsor. There is a provision under the Immigration Rules,paragraph 35, to ask a sponsor to sign an undertaking in writing that they will be responsible

    for the applicants maintenance and accommodation for the duration of their stay. There is alsoprovision under paragraph 320(14) for a person to be refused entry on the grounds that theirsponsor has refused to give such an undertaking when requested to do so.

    For more information on sponsors (family or relative) providing maintenance andaccommodation, see related link.

    In this section

    Credibility and intentions

    Frequency and durationof visits

    Multi-entry visas

    Employment or study

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    14/40

    This guidance is based on the Immigration Rules

    Page 14 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    Length of stayYou must not seek or accept a written guarantee or undertaking concerning length of stay.It is not currently possible to enforce guarantees by third parties that a visitor will comply withtheir conditions of stay, or to leave the UK at the end of a specific period.

  • 8/22/2019 IDI C2 Visit General Visitor

    15/40

    This guidance is based on the Immigration Rules

    Page 15 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Frequency and duration of visitsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page gives guidance on the frequency and duration of visits when deciding general visitorapplications.

    Frequency and duration of visitsVisitors cannot live in the UK on a continuous basis even if this is punctuated by shortabsences from the UK to avoid overstaying.

    There is no specific limit on the number of visits an individual can make to the UK, such as adefinitive rule which states that a visitor can only remain in the UK for 6 months in 12 monthperiod rule. But visitors must not be living in the UK for extended periods because of frequent,successive visits. For example:

    where an individual spends five or six months in the UK during a visit and returns after a

    short break in their home country for a further five or six months, or if they are living in the UK for successive short periods and breaking this by leaving for a

    couple of days, for example, someone living in the UK during the week and breakingthis by leaving the UK at the weekends.

    This could amount to genuine residence. However this is not a hard and fast rule and thecircumstances of each case needs to be considered on an individual basis.

    Assessing residence through successive visitsYou must consider the following factors when forming an overall assessment as to whether thevisitor is residing in the UK because of frequent, successive visits:

    Purpose of visit and intended length of stay as stated on the visitors visa applicationform or to the Border Force officer.

    Number of visits made over the past year (rolling 12 month period), length of stay oneach occasion, time that has elapsed since last visit and if this amounts to the individualspending more time in the UK than in their home country.

    Purpose of return trips to visitors home country if this is used only to gain readmission

    In this section

    Credibility and intentions

    Undertakings andguarantees

    Multi-entry visas

    Employment or study

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    16/40

    This guidance is based on the Immigration Rules

    Page 16 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    to the UK.

    What links they have with their home country such as:o main residenceo employmento family or other long term commitmentso where they are registered for tax purposes.

    Evidence that the UK is their main place of residence:o have they registered with a general practitioner (GP)o are their children in UK schools.

    Previous applications made, are they are using the visitor route to avoid the rules inplace for family migrants joining British or settled persons in the UK. For example, if thevisitor has previously been refused under the family rules and subsequently wants toenter as a visitor.

    If a general visitor is in the UK to participate in an archaeological excavation you can grant anextension of stay beyond six months as a concession outside the rules provided:

    they produce evidence that an extension of stay is necessary, and the total period of their stay in the UK does not exceed 12 months.

  • 8/22/2019 IDI C2 Visit General Visitor

    17/40

    This guidance is based on the Immigration Rules

    Page 17 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Multi-entry visasAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you about multi-entry visas for general visitor applications.

    Multi-entry visit visas are normally valid for either:

    six months

    12 months

    two years

    five years, or

    10 years.

    Visas are valid for an unlimited number of journeys within the validity period of the visa.

    People holding visit visas can only remain in the UK for a maximum of six months on any one

    visit, or until the visa expires if less than six months. This restriction is indicated on the visa bythe entry 180 days after the Duration of stay section.

    Holders of long-term visit visas must still meet the requirements of the Immigration Rules eachtime they enter the UK. They must not be using the route to live in the UK for extendedperiods. If it is apparent this is the case Border Force officers must refuse entry to the UK.

    Unless granted permission by the Home Office, the holder cannot remain in the UK beyond thevalid until date shown on the visit visa, even when this means their stay in UK will be lessthan six months.

    Border Force officers at port of entryYou must check the endorsement Number ofEntries on the visa. A multi-entry visa shouldcarry the endorsement MULT. A single entry visa should be endorsed1. A double entry visamust be endorsed 2.

    In this section

    Credibility and intentions

    Undertakings andguarantees

    Frequency and durationof visits

    Employment or study

    Links to staff intranet

    removed

  • 8/22/2019 IDI C2 Visit General Visitor

    18/40

    This guidance is based on the Immigration Rules

    Page 18 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Employment or studyAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you how to establish the employment or studying intentions for a generalvisitor.

    You must be satisfied that the applicant has demonstrated that they do not intend to:

    take employment

    produce goods

    provide a service whilst in the UK, or

    study in the UK.

    The exception to this is visitors undertaking archaeological excavations. For more information,see the related link: Archaeological excavations.

    If a Border Force officer has doubts about the intentions of an applicant, they can examinethem further under schedule 2, paragraph 2A of the 1971 Immigration Act, see related l ink:1971 Immigration Act: schedule 2.

    Paragraph 4 of schedule 2 of the 1971 Immigration Act also allows a Border Force officer tosearch an applicant and their baggage. This may reveal items which demonstrate that aperson intends to work in the UK.

    A visitor who wishes to undertake a course of study whilst in the UK must do so in the correctcategory of visitor, for example student visitor. A search may reveal items which woulddemonstrate that a person intends to study whilst in the UK, for example, an enrolment letter.

    In this section

    Credibility and intentions

    Undertakings andguarantees

    Frequency and durationof visits

    Multi entry visas

    Archaeologicalexcavations

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    19/40

    This guidance is based on the Immigration Rules

    Page 19 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Maintenance and accommodationAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you how to consider the maintenance and accommodation for a general visitor.

    Visitors coming to the UK must show they have enough funds to maintain and accommodate

    themselves and any family members accompanying them during their stay in the UK.

    In considering this you must look at:

    the level of funds available to them and anyone accompanying them and if this isenough to cover their expenses for the duration of the visit

    what their plans are in the UK and duration of stay

    what arrangements have already been made for their accommodation.

    Maintenance and accommodation provided by a sponsor (family or friend)

    If a visitor is dependant on a sponsor (family or friend) to provide accommodation or financialsupport during their visit, you must be satisfied the sponsor is:

    Legally present in the UK, or legally present at the time of their visit (if they are a visitorthemselves).

    Able and intends to provide this support for the duration of the visitors stay. Inparticular you must consider if the sponsor and visitor:

    o have a genuine relationshipo where they meto how they maintain communication and what is the frequency of the communication,

    ando the sponsors previous history of sponsoring visitors previous failures to support

    visitors may call into question their intention and ability to do so for this application.

    If the sponsor is providing accommodation to the visitor you must consider if there is enoughroom to adequately house the visitor(s) and any normal residents. If this is not the case, theapplication may fall for refusal.

    In this section

    Credibility and intentions

    Undertakings andguarantees

    Frequency and durationof visits

    Multi entry visas

    Archaeologicalexcavations

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    20/40

    This guidance is based on the Immigration Rules

    Page 20 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    If the sponsor is providing financial support for the visitor, the sponsor must show they haveenough funds available to adequately support themselves and anyone normally dependant onthem, as well as the visitor. In assessing this you must take into account the level of regularoutgoings and make sure there are enough surplus funds

  • 8/22/2019 IDI C2 Visit General Visitor

    21/40

    This guidance is based on the Immigration Rules

    Page 21 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Other categories covered by general visitorsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This section tells you about other categories covered by general visitors. In this section

    Archaeological

    excavations

    Arrivals at UK ports withan appeal outstanding

    Visiting family in the UK family visitors

    Child minder for relatives

    Visitors seeking visas forother countries

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    22/40

    This guidance is based on the Immigration Rules

    Page 22 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Archaeological excavationsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page gives guidance on general visitors who come to the UK to take part inarchaeological excavations.

    Applicants seeking entry as visitors may take part in archaeological excavations if they areworking as volunteers, and provided they receive no payment apart from subsistence andtravelling expenses.

    Applicants are required to produce a letter from the director or organiser of the excavationstating the length of their visit. They must also state, when appropriate, what arrangementshave been made for their accommodation and maintenance.

    The maximum length of stay permitted under the rules is six months. You can grant a stay ofup to 12 months, if the director or organiser of the excavation provides evidence that anextension of stay is necessary. This is granted as a concession outside the rules.

    There is no further extension of stay beyond 12 months.

    Visa nationals require entry clearance. If entry clearance is issued it must be endorsed VISIT.

    A visitor must register with the police if they are coming to the UK for longer than six months,and are either:

    a national or citizen of a country or territory listed in Appendix 2 of the Immigration Rules

    a stateless person, or a person holding a non-national travel document.

    For more information about police registration and who is required to register, see related link:Police registration.

    In this section

    Arrivals at UK ports with

    an appeal outstanding

    Visiting family in the UK family visitors

    Child minder for relatives

    Visitors seeking visas forother countries

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    23/40

    This guidance is based on the Immigration Rules

    Page 23 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Arrivals at UK ports with an appeal outstandingAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you when to grant or refuse entry at a UK port to a person seeking entry withan outstanding appeal.

    You must not grant leave to enter at a UK port for the sole purpose of attending their hearing ifthey are:

    appealing against refusal of entry clearance, or

    appealing from abroad against a previous refusal of leave to enter at a UK port.

    A person arriving at a UK port, who is seeking leave to enter, as a visitor with an outstandingappeal must satisfy you they:

    will limit their length of stay in line with the requirements for visitors

    will leave the UK regardless of the outcome of their appeal meet all of the requirements of the rules for entry as a visitor.

    A person arriving at a UK port with an outstanding appeal still has the right to seek entry as avisitor.

    You must consider the following when deciding if an applicant is genuinely seeking entry as avisitor:

    Does the person still wish for their appeal to go ahead? This may clarify the true purposefor their visit.

    Does the person intend to leave the UK? Is the person credible and what are their intentions?

    Has the person given any undertakings or guarantees?

    Is the duration of their stay in line with the visitor requirements?

    For more information, see related links:

    In this section

    Archaeological

    excavations

    Visiting family in the UK family visitors

    Child minder for relatives

    Visitors seeking visas forother countries

    Related links

    Credibility and intentions

    Undertakings andguarantees

    Frequency and durationof visits

    Links to staff intranet

    removed

  • 8/22/2019 IDI C2 Visit General Visitor

    24/40

    This guidance is based on the Immigration Rules

    Page 24 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    Credibility or intentions

    Undertaking or guarantee

    Frequency and duration of visits.

    If the person has previously been refused leave to enter and was removed from the UK, you

    must notify the outcome of the application to one of the following:

    the port that refused leave to enter

    the appropriate appeals section.

    A person arriving at a UK port with an outstanding appeal must be considered against theImmigration Rules and the requirements of those rules, as appropriate to the purpose of theirvisit. For example:

    a student

    a worker, or

    a visitor.

  • 8/22/2019 IDI C2 Visit General Visitor

    25/40

    This guidance is based on the Immigration Rules

    Page 25 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Visiting family in the UK family visitorsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you about applicants who wish to come to the UK to visit family already in theUK.

    The Immigration Rules do not include specific reference to visitors coming to the UK to visitfamily members. A person applying to come to the UK in order to visit family is regarded as a:

    general visitor, if they are aged 18 or over, or

    child visitor, if they are aged under 18.

    For more information on child visitors, see related link.

    Application made between 9 July 2012- 25 June 2013For appeal purposes, these come under the Immigration Appeals (Family Visitor) Regulations

    2012, see related link.

    These regulations restrict the full right of appeal (FRA) to those visitors refused who:

    are specified family members of the person being visited

    the person being visited has:o settled statuso asylum status, oro humanitarian protection status in the UK.

    To lodge a FRA an applicant must be a qualifying family member of the person being visited.

    This means one of the following relations listed below:

    spouse, civil partner, father, mother, son, daughter, brother or sister

    grandfather, grandmother, grandson or granddaughter

    spouse or civil partners father, mother, brother or sister

    son or daughters spouse or civil partner

    In this section

    Archaeological

    excavations

    Arrivals at UK ports withan appeal outstanding

    Child minder for relatives

    Visitors seeking visas forother countries

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    26/40

    This guidance is based on the Immigration Rules

    Page 26 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    stepfather, stepmother, stepson, stepdaughter, stepbrother, or stepsister

    partner, where the couple have been in a relationship similar to a marriage or civilpartnership for at least the two years before the day the application is made and therelationship is genuine and subsisting.

    Under these regulations a FRA will only apply where the applicant is applying to visit a

    qualifying family member and the person being visited also has:

    settled status in the UK (as defined in paragraph 6 of the Immigration Rules)

    been granted asylum (under paragraph 334 of the Immigration Rules), or

    been granted humanitarian protection status (under paragraph 339C of the ImmigrationRules).

    Those applicants who are not visiting a qualifying family member who has the relevant statusmust be refused on a limited right of appeal (LRA) refusal notice.

    Also, children adopted under an adoption order recognised in UK law are treated as if they are

    the natural children of the adoptive parents.

    Appealing against refusalOnly applicants whose main purpose is to visit a qualifying family member as defined above,have a full right of appeal if they are refused entry clearance.

    If there is strong evidence to show that the applicant is visiting a non-qualifying familymember, the application must be refused. In this case, the applicant will have a limited right ofappeal.

    You must give clear reasons in the refusal notice why you were not satisfied that the personbeing visited was not a qualifying family member. For example, You have applied to visit xxxxbut they do not qualify as a family member under the Immigration Appeals (Family Visitor)Regulations 2012.

    You must not seek documentary evidence of a claimed relationship unless there are stronggrounds to doubt it, for example, a disparity in age that makes the relationship biologically

  • 8/22/2019 IDI C2 Visit General Visitor

    27/40

    This guidance is based on the Immigration Rules

    Page 27 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    unlikely.

    Refusing group applicationsAll applicants must be served with individual refusal notices, except child visitors whose noticemust be served on the parent or guardian.

    Sometimes members of the same family group who have been refused visit entry clearancewill have different rights of appeal under The Immigration Appeals (Family Visitor) Regulations2012. For example, if a family, consisting of a mother, father and two children, are visiting themothers sister, the mother and father will have a full right of appeal but not the children, who,as the nieces or nephews of the person being visited will have only a limited right of appeal.

    The individual refusal notices must reflect the correct rights of appeal for each individual. Anyappeal must reflect the fact that all applicants were refused and if the appeal of the mainapplicant is allowed then it follows that all the applicants must be issued entry clearance in linewith the main applicant.

    For more information see related links:

    Immigration Appeals (Family Visitor) Regulations 2012.

    Appeals (IDI Chapter 12).

    Applications made on or after 25 June 2013There will be no right of appeal against the refusal of a visa application to visit a familymember if that application was made on or after the 25 June 2013. This is unless the appeal ison human rights or race discrimination grounds. This is in line with other visitor categories.You must use the limited right of appeal (LRA) template for all refusals of a visa application tovisit a family member if the application was made on or after 25 June 2013.

    Applicants who have been refused would need to re-apply. If an applicant chooses to re-applythey must submit a fresh application, and the entry clearance officer (ECO) must treat thefresh application on its merits. The ECO can cross- reference to information held on previousapplication(s) and note them but a full assessment of the new application must be madeagainst the Immigration Rules.

  • 8/22/2019 IDI C2 Visit General Visitor

    28/40

    This guidance is based on the Immigration Rules

    Page 28 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    A family member who wants to enter the UK for longer than six months (the maximum entrygranted to visitors) on the basis of their family life must apply for entry clearance under therelevant family route, rather than as a visitor.

  • 8/22/2019 IDI C2 Visit General Visitor

    29/40

    This guidance is based on the Immigration Rules

    Page 29 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Child minder for relativesAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page gives guidance on general visitors visiting the UK to act as a child minder for arelative.

    The Home Office does not consider a visitor coming to the UK to assist relatives with childcare as employed, if all the following are true:

    neither parent is in a category leading to settlement

    neither parent is able to supervise the daytime care of the child

    the situation or position is temporary

    they are a close relative of the parent, for example a parent, sibling or in-law, or they area distant relative that has formed part of the family unit, or they are the closest survivingrelatives of the parents

    it is not simply an arrangement to enable both parents to take gainful employment or to

    study they will not receive any payment, other than for board, accommodation and pocket

    money

    they intend to remain in the UK for no longer than six months.

    If you suspect that a child minding arrangement amounts to employment, paid or unpaid, youmust refuse the application using one or more of the reasons given above.

    Restricted not for disclosure start of section

    The information in this page has been removed as it is restricted for internal Home Officeuse only.

    Restricted not for disclosure end of section

    In this section

    Archaeological

    excavations

    Arrivals at UK ports withan appeal outstanding

    Visiting family in the UK family visitors

    Visitors seeking visas forother countries

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    30/40

    This guidance is based on the Immigration Rules

    Page 30 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Visitors seeking visas for other countriesAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page gives guidance on general visitors seeking entry to the UK to obtain visas for travelto other countries.

    You must treat people who are seeking leave to obtain visas for travel to other countries asvisitors and apply all the provisions of the rules.

    You must be satisfied that the applicant is genuinely seeking leave for the reason given, andthat the length of the visit will not exceed six months. A return ticket alone is not sufficientevidence of their intention to leave the UK.

    A person seeking a visa for settlementin a third country must show that: their application for that country will be decided in a short and clearly defined period

    they will be able to return without difficulty to another country without exceeding theperiod they are entitled to be in the UK.

    In this section

    Archaeological

    excavations

    Arrivals at UK ports withan appeal outstanding

    Visiting family in the UK family visitors

    Child minder for relatives

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    31/40

    This guidance is based on the Immigration Rules

    Page 31 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Granting or refusingAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This section tells you about granting or refusing an application for visitors to the UK. In this section

    Grant or refuse entry

    clearance

    Grant or refuse entry atUK port

    Grant or refuseextension of stay in theUK

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    32/40

    This guidance is based on the Immigration Rules

    Page 32 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Grant or refuse entry clearanceAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you about granting or refusing an application made overseas to come to the UKas a visitor.

    Grant entry clearanceYou must grant entry clearance if the applicant:

    meets all the requirements of paragraph 40 56Z of the Immigration Rules, and

    none of the general grounds for refusal in paragraph 320 apply.

    Length of leaveUp to six months general visitorUp to 12 months visitors coming to archaeological excavations or accompanying academicvisitors

    The endorsement is one of the following:

    C:VISIT: 6 MONTHS: CODE 3

    C:VISIT: 12 MONTHS: CODE 3 (for Archaeological excavations only)

    C: FAMILY VISIT: 6 MONTHS: CODE 3.

    The endorsement must be valid from the date the applicant intends to travel to the UK.

    The GCID case type will be one of the following:

    Visitor LTE.

    Refusing entry clearanceWhen the applicant has not provided the required evidence that they meet all the requirementsof the relevant paragraph, or if any of the general grounds for refusal in paragraphs 320 to 324apply you must refuse the application. Guidance on the relevant paragraphs in the Immigration

    In this section

    Grant or refuse entry at

    UK port

    Grant or refuseextension of stay in theUK

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    33/40

    This guidance is based on the Immigration Rules

    Page 33 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    Rules to refer to when refusing visitors can be found using the related link: Refusal wording -entry clearance paragraph 320.

  • 8/22/2019 IDI C2 Visit General Visitor

    34/40

    This guidance is based on the Immigration Rules

    Page 34 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Grant or refuse entry at UK portAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you when to grant or refuse entry at a UK port to a person seeking to enter theUK as a visitor.

    Granting leave to enterBefore you grant leave to enter, you must be satisfied that:

    the applicant has valid entry clearance

    there are no reasons to believe the applicant gave false information to obtain the entryclearance nor that circumstances have changed since it was issued

    none of the general grounds for refusal in paragraphs 320 to 321 of the ImmigrationRules apply.

    A visitor must register with the police if they are:

    coming to the UK for longer than six months

    are aged 16 or over, ando are either a national or citizen of a country or territory listed in Appendix 2 of the

    Immigration Ruleso a stateless person, oro a person holding a non-national travel document.

    For more information about police registration and who is required to register, see related link:Police registration.

    Non visa nationalsIf you are satisfied that the person meets all the requirements you must grant leave to enter forup to six months with employment prohibited using 5N. Use code 3 only where there aredoubts about the person but not enough evidence to refuse leave to enter.

    Visa nationalsIf you are satisfied that the person meets all the requirements, endorse the entry clearance

    In this section

    Grant or refuse entry

    clearance

    Grant or refuseextension of stay in theUK

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    35/40

    This guidance is based on the Immigration Rules

    Page 35 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    with an open date stamp and record on the landing card with the appropriate code from the listof statistical codes given below.

    Statistical codesV is for those persons who have been given leave to enter for six months or less as visitors.

    Refusal of entryYou must refuse entry as a visitor if:

    a visa national does not have an entry clearance

    the applicant has not provided the required evidence that they meet all the requirementsof the relevant paragraph of the Immigration Rules, or

    any of the general grounds for refusal in paragraphs 320 to 321 apply. You must read theguidance on general grounds for refusal and on what paragraphs to use, by using therelated link: General grounds for refusal

    On entry refusal codes

    A1 Insufficient funds for proposed visitA2 Not satisfied genuine visitorA4 Unsatisfactory or unacceptable arrangements for proposed studyE4 Lack of required visa or entry clearance

    More guidance on refusal decisions is available in the border force manual. See related link:Refusal of leave to enter.

    Restricted not for disclosure - start of section

    The information in this page has been removed as it is restricted for internal Home Office

    use only.

  • 8/22/2019 IDI C2 Visit General Visitor

    36/40

    This guidance is based on the Immigration Rules

    Page 36 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    The information in this page has been removed as it is restricted for internal Home Officeuse only.

    Restricted not for disclosure end of section

  • 8/22/2019 IDI C2 Visit General Visitor

    37/40

    This guidance is based on the Immigration Rules

    Page 37 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Grant or refuse extension of stay in UKAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you when to grant or refuse an extension of stay to a person seeking anextension of stay as a general visitor.

    Grant extensionYou must grant leave to remain to complete a total of six months on code 3, prohibitingemployment if all the following requirements are met:

    The person meets all the requirements of the relevant paragraph of the ImmigrationRules.

    You are satisfied that none of the general grounds for refusal in paragraphs 322 to 324applies, see related link: Immigration Rules paragraph 320-324.

    The reasons why less than six months was given on entry no longer apply.

    A visitor for an archaeological excavation can be granted an extension to take the period oftheir stay in the UK up to a maximum of 12 months. This is granted as a concession.

    Refuse extensionIf you are considering refusing an extension of stay on grounds that are not specific to visitors,you must refer to the following guidance using the related links:

    General grounds for refusal

    Immigration Rules - paragraph 320-324.

    You must refuse an extension of stay as a visitor if the applicant does not meet all of the

    requirements of the relevant paragraphs of the Immigration Rules.

    In this section

    Grant or refuse entry

    clearance

    Grant or refuse entry atUK port

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    38/40

    This guidance is based on the Immigration Rules

    Page 38 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Dependants

    About this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you which dependants can be granted leave to join a person with leave toenter as a general visitor.

    Family members of people with leave to enter as a general visitor who wish to join them inthe UK must themselves meet the requirements of the general visitor or child visitor rules. Iftheir application is successful, they will be granted leave that expires on the same day as theperson with leave as a visitor.

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    39/40

    This guidance is based on the Immigration Rules

    Page 39 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    ContactsAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page tells you who to contact for more help with a specific case in the general visitorcategory.

    If you have read paragraphs 40-56M (visitors) of the Immigration Rules as well as thisguidance and still need more help, you must first ask your senior caseworker or linemanager.

    If the question cannot be answered at that level, you may email:

    Study and visit operational policy team (see related link) for guidance on the policy.

    Entry clearance officers can email EC Guidance Queries, see related link.

    UK Border Force officers can email BF Operations Advice and Support , see relatedlink: Email: BF OAS Enquiries.

    Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending, you must contact the study and visitoperational policy team, who will ask the MGT to update the guidance, if appropriate.

    The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the link: Email: Modernisedguidance team.

    Related links

    Changes to this

    guidance

    Information owner

    Links to staff intranetremoved

  • 8/22/2019 IDI C2 Visit General Visitor

    40/40

    This guidance is based on the Immigration Rules

    Page 40 of 40 Guidance - General visitor version 9.0 Valid from 25 June 2013

    General visitors

    Information ownerAbout this guidance

    Key facts

    Entry or extensionrequirements

    General visitorrequirements

    Other categoriescovered by generalvisitors

    Granting or refusing

    Dependants

    This page provides the details of the information owners for guidance relating to generalvisitors.

    Version 9.0Valid from date 25 June 2013Policy owner Study and visit operational policy team

    Cleared by director Sonia DowerDirectors role Director, operational policy and rules

    Clearance date 3 April 2013This version approved forpublication by

    Lynne Spiers

    Approvers role Acting director, operational policy and rules

    Approval date 20 June 2013

    Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending, you must contact the study and visitoperational policy team (see related link), who will ask the MGT to update the guidance, ifappropriate.

    The MGT will accept feedback on broken links, missing information or the format, style andnavigability of this guidance. You can send these using the link: Email: Modernised guidanceteam.

    Related links

    Changes to this

    guidance

    Contacts

    Links to staff intranetremoved


Recommended