On 5th January 2017, the Home Office made further changes to their guidance in relation to visit visa applications. We have highlighted the most important changes below.
1. Visit visa applications from persons with a Right of Abode to be Refused
If you have a right of abode in the United Kingdom then you are not subject to immigration control (under section 1(1) of the Immigration Act 1971).
If you have a right of abode and you apply for a visit visa then your application will not be considered and it will lapse. You should apply for a certificate of entitlement to the right of abode instead.
2. It has now been clarified that evidence is required when refusing on mandatory grounds
If UKVI refuse an application on a mandatory ground, for example, because the applicant is not conducive to the public good then they must provide evidence to support that refusal.
3. The new guidance now provides examples of when an Applicant may be considered to have few or no ties to their Home Country
UKVI will consider the following grounds if they have doubts about the applicant returning to their Home Country. An application will normally be refused if:
- The applicant has few or no family and economic ties to their country of residence, and has several family members in the UK;
- The applicant’s country of residence is politically or economically unstable, a conflict zone or at risk of becoming one;
- The applicant, their sponsor or other immediate family member has, or has attempted to, deceive the Home Office in a previous application for entry clearance, leave to enter or leave to remain;
- There are discrepancies between the statements made by the applicant and the statements made by the sponsor;
- It has not been possible to verify information provided by the applicant despite attempts to do so;
- The information that has been provided or the reasons stated by the applicant are not credible;
- A search of the applicant’s baggage and vehicle at the border may reveal items which demonstrate a person intends to work or live in the UK.
4. There is now an exception on study as a visitor for long-term visa holders
- As an individual cannot hold two forms of leave at a time, a long-term visit visa holder cannot be granted a visa or leave to study as a short-term student without their long term visit visa being cancelled, if the validity of the long-term visit visa and the short term study leave are concurrent. A long-term visit visa holder may therefore be permitted occasionally to enter solely to take a course or period of study.
- The course or period of study must meet the requirements of paragraph 25 of Appendix V, and therefore must not exceed 30 days at any one time and, unless it is a recreational course, take place at an accredited institution.
- However, the main purpose of holding the long-term visit visa must continue to be to undertake visitor activities as set out in the Immigration Rules.
- For example, the time spent studying in the UK should not exceed the time spent carrying out other activities.
- It is important to note that if it comes to UKVI’s attention that the individual’s visits are not mainly for other permitted visitor activities, the visitor visa can be cancelled and the visitor refused entry.
5. It has now been clarified by the Home Office that arranging private medical treatment is not a permitted visitor activity
- The new guidance now states that visitors entering the UK for medical treatment are unlikely to demonstrate that they have a credible ongoing reason to visit the UK.
6. The 2 year China visit visa scheme pilot has been removed from the guidance
- A pilot scheme that was introduced by the Home Office on 11th January 2016 allowing Chinese nationals to make multiple visits to the UK for a longer period (and allowing British visitors to China to benefit from the same visa arrangement) has now been removed from the visit visa guidance.
7. Cancelling and curtailing visitor visas and leave
- A visitor to the United Kingdom must satisfy the decision maker that they continue to meet the suitability and eligibility requirements set out in Appendix V. The Home Office may consider cancelling a visa or curtailing leave to enter or remain if there is evidence to show that the visitor’s circumstances or purpose in coming to or seeking to remain in the UK have undergone such a change to their claim to be a genuine visitor is no longer relevant.
- This may happen in the follow situations:
- The applicant is not intending to undertake any permitted visitor activity
- The applicant intends to marry or form a civil partnership and they do not have a marriage or civil partnership visit visa;
- The applicant intends to work, study or volunteer other than as a permitted visitor;
- The applicant intends to settle here as the spouse/partner of a British citizen or settled person
- There may also have been a change in the situation of the applicant’s country of residence, e.g. that it is in conflict – which means that it is no longer likely that they will leave at the end of their visit.
- Other circumstances where a visa or leave may be cancelled or curtailed include where it is considered that false documents have been submitted or false representations have been made or material facts have not been disclosed.
- However, the Home Office must be able to show that documents/information were false and that they played a part (or in the case of non-disclosure would have played a part) in the decision-maker’s decision to grant a visa or leave to enter or remain.
- In all circumstances where any of the above applies, the visa or leave to enter or remain must be cancelled or curtailed in addition to refusing any application for leave.
This post simply seeks to highlight some of the main changes. Should you require any advice on this then please do contact a member of our Immigration team, a member of which will be able to advise you further.