What is a Standard Visitor Visa and When Does it Apply?
This article looks at the Standard Visitor visa and provides a concise view of this Immigration category.
The Immigration Rules provide that there are four different types of Visitor visa categories. These categories include the Standard Visitor, the Marriage and Civil Partnership Visitor, the Permitted Paid Engagement Visitor and the Transit Visitor.
Standard Visitors may visit the UK for a variety of purposes permitted under Appendix V: Permitted Activities,of the Immigration Rules. Some of the activities permitted under this appendix are listed as including: Tourism and Leisure, Volunteering, General Business Activities, Worker Related Training, Legal and Religion.
It is important to state that not all Visitors required visas before entering the UK. Citizens of certain countries (non – visas nationals) do not generally require visas before arriving at a UK port of entry. Such persons may apply for permission to enter the UK at any UK border (including an airport, seaport or train station) and this usually involves a brief interview conducted by a UK Border Force Official.
The Immigration Rules state that Standard Visitors may apply for visas that are valid for a period of 6 months, 2, 5, or 10 years from outside the UK.
Visit visas allow for multiple visits to the UK within the validity of the visa issued, unless the visa is endorsed as being a single or dual entry only.
Any period of stay in the UK must not exceed the stated period endorsed on the visa (usually 6 months).
A summary of the rules for Standard Visit Visa applications
Appendix Visitorof the Immigration Rulesset out therequirement that Standard Visitors need to be aware of when they are applying for a visit visa.
The appendix is sub – divided into the following categories:
- The Validity requirements
- The Suitability requirements
- The Eligibility requirements
- The Genuine Visitor requirements
- Prohibited Activities and Payment requirements
Validity requirements
Applicants must comply with the Validity requirements by making an online application on the gov.uk website.
For a visa application to be valid, the Home Office fees for the application needs to be paid.
Suitability requirements
The Suitability requirements state that applications will be refused any reason specifically noted under Part 9 of the Grounds for Refusal of the Immigration Rules or where the applicant is considered to be in breach of other parts of the Immigration Rules.
Reasons why an application would be refused under the Suitability requirements include the following:
- The Applicant is subject to an Exclusion or Deportation Order
- The Applicant’s presence in the UK is deemed not to be conducive to the public good
- Criminality, including where an Applicant has been convicted of a criminal offence either in the UK or abroad
- Involvement in a sham marriage or civil partnership
- Providing false representation, false information or failing to disclose relevant facts in an Immigration application
- Being in breach of the Immigration Rules. A few examples include: Overstaying, Illegal working and Acting in a significant way to frustrate the intention of the Immigration rules.
- Owing money due to the NHS, where its total value is at least £500.
- Failing to pay litigation costs due to the Home Office.
Eligibility requirements
The Eligibility requirements provide that all visitors coming to the UK, who are not Standard Adult Visitors, must satisfy additional requirements. These additional requirements will depend on the visit visa sub – category that applies to their visa application.
Genuine Visitor Requirement
The Home Office must be satisfied that a person applying for a Standard Visitor Visa satisfies the following criteria:
- That there is sufficient reason to believe that the Applicant will leave the UK at the end of their visit.
- There should be no suggestion that through frequent or successive visits the Applicant will make the UK their main home.
- The Applicant is genuinely seeking permission to enter the UK for a purpose permitted under the Visitor route.
- The Applicant will not carry out or get involved in any prohibited activities set out under Appendix Visitor.
- The Applicant must have sufficient funds to cover reasonable costs associated with their visit.
- Applicants can be supported by third parties but the Home Office will need to be satisfied that the third party has a genuine professional or personal relationship with the Applicant.
- Furthermore, that third party must not be in breach of the Immigration laws when the decision on that application is being made or upon entry of the Applicant in the UK.
- The third party can and will provide support to the Applicant for the duration of his intended stay in the UK.
Prohibited activities and payment requirement for visitors
The Applicant must not intend to engage in Prohibited Activities and/ or receive payment from a UK source, unless this is permitted under the Immigration rules.
Prohibited activities include engaging in economic activities, such as taking up employment, doing an internship, direct selling to the public and providing goods, unless where this is expressly permitted.
Other activities not allowed, expect where permitted include: studying in the UK, accessing medical treatment and getting married.
Applicants may also not receive payment from a UK source for activities undertaken, unless where Appendix Visitor expressly permits such payment.
Conclusion
This article is a summary of the requirements for a Standard Visitor Visa application but is not intended to replace the need to seek legal advice. Visit Visa Applicants are strongly advised to legal advice before submitting a visa application to UK Visas and Immigration.
Sources:
Appendix V: Visitor (Immigration Rules)
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor
Appendix Visitor: Permitted Activities (Immigration Rules)
Immigration Rules part 9: grounds for refusal
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal
Home Office Visit Guidance (Version 10.0)