UK Visitor Visas: How To Obtain One And What To Do When Things Go Wrong – Work Visas

The United Kingdom (UK) hosts hundreds of thousands of
visitors each year, drawn by its rich array of attractions, from
Stonehenge to the British Museum. Whether for tourism, business,
short courses, or family visits, the demand for UK visitor visas
continues to rise. In the year ending March 2023 alone, there were
2,012,116 visa
applications
—an increase from the previous year.
This guide covers everything you need to know about obtaining a UK
visitor visa, from eligibility to the application process and
potential complications.

Who Requires a Visitor Visa?

If you are a citizen of a country listed on the Visa National List,
you will need a visitor visa to enter the UK for permitted
activities. Some exceptions apply, so always check the list for
updates before applying or traveling.

Citizens not on this list can theoretically enter without a
visa, but entry is at the discretion of an Immigration Officer at
the border and can be refused for valid reasons. Seek legal advice
if you have a complex immigration and criminal history that might
affect your entry.

Purpose of Visit and Types of Visitor Visas:

To help determine the right visitor visa for your purpose,
consult the exhaustive list of activities outlined in Appendix Visitor: Permitted
Activities
. The four main types of visitor visas
are:

  • Marriage / Civil Partnership Visitor Visa: For
    those coming to the UK for marriage or civil partnership.

  • Permitted Paid Engagement Visitor Visa:
    Designed for experts in their fields with specific paid engagements
    lasting one month or less.

  • Transit Visitor Visa: For those transiting
    through the UK for 48 hours or less on their way to another country
    outside of the Common Travel Area.

  • Standard Visitor Visa: Covers all other
    reasons for visiting the UK, including tourism and visiting family
    and friends. This is the focus of this article.

Requirements for a Visitor Visa:

To be considered a ‘genuine visitor’ you must meet the
following criteria:

  • Intend to leave the UK at the end of your visit.

  • Not plan to make the UK your main home or stay for prolonged
    periods.

  • Seek entry for a purpose allowed under the visitor route i.e.
    those listed in Appendix Visitor: Permitted Activities.

  • Not engage in prohibited activities, such as working or taking
    paid employment (Work is viewed as distinctly different from
    business activities by the Home Office).

  • Have sufficient funds to cover expenses related to your visit
    without working or claiming benefits. This encompasses the cost of
    the return or onward journey, any expenses for dependents, and any
    planned activities in the UK such as private medical
    treatment.

    In addition to being a ‘genuine visitor,’ you must also
    meet Part 9: Grounds for Refusal under the Immigration
    Rules
    , meaning no recent, serious criminal convictions or
    adverse immigration and criminal history.

How and When to Apply:

The application process involves completing an online form,
submitting supporting documents, paying the relevant fee, and
attending an appointment at a Visa Application Centre. Remember
that your passport will be retained during processing, so plan
accordingly. Apply 4-6 weeks before your intended travel date, with
the earliest application window being 3 months in advance.

If the application is granted, it will be endorsed with an entry
clearance vignette i.e. the visa which you will need to show at the
border when entering the UK

Timeframes and Fees:

The Home Office processing time is currently approx. 15 working
days for a standard visitor visa application, although it can take
longer. There may be a priority service available for you depending
on which centre you are attending for your appointment as well as
other special services. The Home Office fees for a standard visitor
visa application range from £115 to £963 depending on
the length of the visa.

How long can you stay in the UK on a standard visitor
visa?

A standard visitor visa can be issued for 6 months, 2 years, 5
years, or 10 years. However, regardless of the visa’s validity,
you must not stay in the UK for more than 6 months at a time,
unless otherwise specified.

In reality, the Home Office expects you not to stay in the UK
for a full 6 months unless you have a specific reason for doing
so.

FAQs:

1. Top tips for a successful visitor visa
application:

  • Explain and evidence all your ties to your home country as the
    Home Office needs to be satisfied that you will return home at the
    end of your visit. Ties to your home country could include
    dependents and close family members, a job, regular pension
    payments or owning a property.

  • Explain and evidence how you will financially support and
    maintain yourself during your journey to and stay in the UK. For
    example, if there’s a third party sponsoring you, you need
    evidence that he/she has sufficient funds to do so by providing
    details of his/hers income or savings and housing.

  • Explain and evidence your reasons for visiting the UK.

  • Seek legal advice if you have a complex immigration and
    criminal history.



2. Do you need an immigration solicitor to make an
application for a visitor visa?

While applying for a visitor visa can seem straightforward,
overlooking crucial details can lead to a refusal. Visa refusals
are not only a problem in the short term but may also be a problem
in the long term as they will likely impact your immigration
history and make it more difficult to secure future visas. Engaging
an immigration solicitor can significantly increase your chances of
success. The grant rate for visitor visas has
decreased
, making professional guidance
invaluable.



3. What to do if your application is refused:

If your application is refused, you have two options:

I) Submit a fresh application – It is straightforward to
apply again and may be worth doing if you have new information or
evidence or if you did not previously submit a valid application.
However, if there is no change in circumstances this may not be
worth doing. It is also important to note that previous immigration
refusals are likely to impact your chances of success.

II) Lodge a Judicial Review application – This option should
be pursued after receiving legal advice as it can be complex. If
you believe the Home Office’s decision to be unlawful or unfair
you can apply to the court for this decision to be reviewed by a
judge. The first step in doing so is to adhere to the Judicial
Review Pre-Action Protocol and send the Home Office a letter before
action. Cases are often resolved at the pre-action stage meaning
there is no longer any need to go to court.

4. Can you extend your visitor visa or switch to another
type of visa from within the UK?

Generally, you are allowed to stay a maximum of 6 months
during each visit to the UK and are not permitted to extend your
visitor visa. However, in some very specific circumstances such as
if you are due to marry or are receiving urgent medical treatment
you may be able to apply to extend your visitor visa from within
the UK.

You are also not normally able to switch to another type of visa
from within the UK. A visitor visa is designed for temporary visits
rather than long-term stays. However, if you are in fear of your
life if you return to your country of origin, you should seek legal
advice on the options available to you.



5. What happens if you overstay beyond the expiry of your
visa?

Overstaying the expiry of your visitor visa is a breach of UK
immigration law and can have serious consequences. You will become
an overstayer and this can lead to any of the following things
happening.

  • You may be detained and subsequently administratively removed
    from the UK;

  • You may face a re-entry ban preventing you from returning to
    the UK for a specific period of time;

  • It may have an adverse impact on your ability to obtain future
    UK visas as future applications may be refused or subjected to
    increased scrutiny; and

  • It may have an adverse impact on your general immigration
    history affecting your ability to obtain visas for and travel to,
    other countries.


If you find yourself in a situation where you’ve overstayed
your visa, it’s crucial to seek legal advice from an
immigration solicitor. Understanding the process and seeking
professional guidance can greatly improve your chances of a
successful visitor visa application.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

Source link

Visited 1 times, 1 visit(s) today

Leave a Reply

Your email address will not be published. Required fields are marked *