Visit guidance, Exercises of History

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Visit guidance

Version 11.

Contents

Visit visa applications: parental consent and responsibility for care in home country

About this guidance

This guidance tells you about applications for visas, permission to enter and permission to stay in the UK for visitors.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Visit and Visa Policy team. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 11.
• published for Home Office staff on 06 October 2021

Changes from last version of this guidance

• Updated hyperlinks to the Immigration Rules
• Clarification of the provisions for au-pairs in the Visitor Rules
• Clarification of the provisions for jobseekers in the Visitor Rules
• Clarification of the provisions for business visitors coming to the UK to manufacture and supply goods
• Clarification of the scope of activities permitted under the Permitted Paid Engagement visitor route
• Consolidation of the guidance on medical treatment into one section
• Updated guidance on considering applications for long term validity visas Related content Contents

Quick guide: visit visa

This section is a quick reference guide to the process for making a decision on a visit visa application, made outside the UK. This does not apply in respect of applications for Transit visitor visas (see: Transit guidance) but note that Standard and Marriage/Civil Partnership visitors can transit the UK. When considering a visit visa application you need to consider:

• if the applicant meets the validity requirements
• all the mandatory identity checks
• if the applicant falls to be refused under suitability grounds of Part 9: grounds for refusal – see Part 9 guidance for more information
• is a third party providing support - do they have a genuine relationship- is the third party in the UK in breach of immigration laws - can and will the third party provide support for the duration of the applicant’s stay
• if there are additional eligibility requirements for their type or purpose of visit, does the applicant meet them, see: o children (Complex if unaccompanied) o Approved Destination Status (ADS) o private medical treatment (Complex) o organ donor (Complex) o study (for up to 6 months) o academics (more than 6 months) (Complex regardless of duration) o work related training o marriage and civil partnership (Complex) o permitted paid engagements (PPE) (Complex)
• is the visitor intending to undertake activities for which they are required to provide specific supporting documents, for example: o private medical treatment o Professional and Linguistic Assessment Board (PLAB) Test and Objective Structured Clinical Examination (OSCE)
• do you need to make a referral, for example: o is there a mandatory referral requirement (Complex) o if the applicant fails to meet the Visitor Rules, but there are genuinely exceptional or compelling circumstances to consider leave outside the rules
• what duration of visa to grant, for example: o is there a specific duration of grant (ADS, private medical, academic, PPE) o have they applied for a multiple entry long term visit visa o is there reason to grant a short duration or single entry visa
• having considered the above do you assess that the applicant is a genuine visitor– that is, are you satisfied that they: o intend only to undertake permitted activities and to leave at the end of their stay o will not be living in the UK or making the UK their home through frequent and successive visits o will not be doing any prohibited activities o have sufficient funds, maintenance and accommodation for duration of stay

People who are British citizens or who have right of abode

A person who is a British citizen, or who has right of abode in the UK cannot be given permission to enter or stay under the Immigration Rules. This is because under section 1(1) of the Immigration Act 1971 a person with right of abode is not subject to immigration control. If a person who has right of abode applies for a visit visa and you are satisfied that they have right of abode, you should advise them that their application cannot be considered, the application will be withdrawn, and they may want to apply for a certificate of entitlement to right of abode or a British passport instead. The application fee will not be refunded. If you believe the person may have right of abode in the UK, but they have applied for a certificate of entitlement to right of abode or a British passport and have been refused on the basis that they have not established their entitlement, you can issue a visit visa provided the applicant meets the Immigration Rules. Where you are not satisfied that they meet the Visitor Rules, they can be refused a visa in line with the Rules (for example, that they are not a genuine visitor).

Irish citizens

The Common Travel Area (CTA) is a long-standing arrangement between the UK, the Crown Dependencies (Bailiwick of Jersey, Bailiwick of Guernsey and the Isle of Man) and Ireland. Under the CTA, British and Irish citizens can move freely and reside in either jurisdiction. British and Irish citizens enjoy associated reciprocal rights and privileges, including the right to work, study and vote in certain elections, as well as to access social welfare benefits and health services. Free movement ended on 1 January 2021. Irish citizens’ status continues to be protected. This is provided for under section 3ZA of the Immigration Act 1971, which means that they do not require permission to enter or stay in the UK for reasons including to visit, except for in a limited number of circumstances outlined below. As a result, Irish citizens are not eligible to apply for a visit visa or permission (leave) to enter or stay under the Visitor Rules. This is set out in Paragraph 5C of the Immigration Rules. You must therefore void any application for a visitor visa from an Irish citizen when made at or after 11pm GMT on 31 December 2020 , except where they are subject to any of the following:

• a deportation order made under section 5(1) of the Immigration Act 1971
• an exclusion decision, or an exclusion order made under regulation 23(5) of the Immigration (European Economic Area) Regulations 2016
• a travel ban implemented under section 8B of the Immigration Act 1971

In the event that an Irish citizen falls within one of the above categories, section 3ZA of the Immigration Act 1971 states that they require permission to enter or stay. Whilst they are not required to obtain a visit visa they may choose to apply for one. You should therefore consider their application in line with the relevant Immigration Rules in the same way as any other applicant, noting that Part 9: grounds for refusal may apply. If you are unsure about how you should proceed with an application from an Irish citizen then please contact the CTA Policy Team for further information. Related content Contents Related external links ECB22: extant leave ECB 0 5: where to apply

• have you completed all the relevant recording requirements, including giving the correct stamp for PPE visitors – noting the process for EEA, Swiss and B5JSSK nationals

Permission to enter endorsement codes

For further information on leave to enter endorsement codes see: Visit: endorsements and LTE/ LTR codes.

Irish citizens

As set out above, Irish citizens are not eligible to apply for permission (leave) to enter or stay under the Visitor Rules, except where they are subject to any of the following:

• a deportation order made under section 5(1) of the Immigration Act 1971
• an exclusion decision, or an exclusion order made under regulation 23(5) of the Immigration (European Economic Area) Regulations 2016
• a travel ban implemented under section 8B of the Immigration Act 1971 If an Irish citizen applies for permission under the Visitor Rules at the border, they cannot be granted that permission unless they fall under one of the above exceptions, but instead will be allowed to enter on the basis of proof of their status as an Irish Citizen. If they fall under one of the above exceptions, then they require permission and should be considered in the same way as any other passenger, noting that Part 9: grounds for refusal may apply. If you are unsure about how you should proceed with an application from an Irish citizen then please contact the CTA Policy Team for further information. Related content Contents

Quick guide: permission to stay as a

visitor

This section is a quick reference guide to the process for making a decision on an application to extend stay in the UK as a visitor. When assessing an application you should consider:

• if the applicant meets the validity requirements
• all the mandatory identity checks
• can the applicant extend – paragraph V 15.1 – V 15. 4 of Appendix V: Visitor
• the suitability requirements under Part 9: grounds for refusal
• is the applicant a genuine visitor, and: o do they intend to undertake only permitted activities and leave at the end of their stay o are you satisfied they will not be living in the UK or making the UK their home through frequent and successive visits o will they be doing any prohibited activities o do they have sufficient funds, maintenance and accommodation for the duration of their stay o is a third party providing support - do they have a genuine relationship - is the third party in the UK in breach of immigration laws – can and will the third party provide support for the duration of the applicant’s stay
• does the applicant meet the additional eligibility requirements for their permission to stay: o for private medical treatment o as an academic o as a visitor doing a PLAB test and clinical attachments
• have you completed all the relevant recording requirements

Permission to stay endorsement codes

For further information on permission to stay endorsement codes see: Visit: endorsements and LTE/ LTR codes.

Irish citizens

As set out above, Irish citizens are not eligible to apply for permission (leave) to enter or stay under the Visitor Rules, except where they are subject to any of the following:

• a deportation order made under section 5(1) of the Immigration Act 1971
• an exclusion decision, or an exclusion order made under regulation 23(5) of the Immigration (European Economic Area) Regulations 2016
• a travel ban implemented under section 8B of the Immigration Act 1971

Visit: validity requirements for

applications for visit visas and

permission to stay as a visitor

This section tells caseworkers how to consider whether the validity requirements are met for applications for a visit visa (entry clearance) or permission to stay as a Visitor. See: paragraphs V 2.1 to V 2.6 of Appendix V: Visitor The validity requirements do not apply to those seeking permission to enter at the border. Before considering any application, you must check that the application is valid by referring to the validity requirements for the Visitor route: the applicant must have applied on the specified form; paid any fees required; provided any required biometrics; provided a valid passport or other identity document. An application for a visit visa must also be made while the applicant is outside the UK and to a post designated to accept visit visa applications. An applicant for permission to stay must also be in the UK and have permission as a Standard visitor or Marriage/Civil Partnership visitor. For guidance on how to consider the validity requirements see: Valid applications guidance. Related content Contents

Visit: evidence

This section gives information on how to make a decision on a visitor application. Contents: Burden of proof and evidence Supporting documents Refusals Refusal wording

Standard and burden of proof and evidence

When assessing whether the applicant meets the requirements of the Visitor Rules the burden of proof is on the applicant to show they meet the validity and eligibility requirements, but when considering suitability the burden of proof may shift to the Home Office. The standard of proof you must apply is the balance of probabilities (which means it is more likely than not). You must assess the applicant’s credibility and intentions to visit the UK or to extend their stay as a visitor and decide whether they meet the requirements in the Visitor Rules. You must be satisfied that the applicant is a genuine visitor. Visitors can undertake multiple permitted activities whilst they are in the UK, but the applicant should be able to explain what their main reason for coming to the UK is at the visa application stage, on entry and when applying to extend their stay. It is the applicant’s responsibility to ensure they provide sufficient evidence to satisfy you that they meet the Visitor Rules. You must assess all the information provided by the applicant (unless it is a document that should not be sent with the application – see supporting documents) and any other evidence that may be relevant to the application. This should include any locally held information, but see guidance on suitability (Part 9) for when that information needs to be put to the applicant before a decision is made. Make an assessment considering all factors relevant to the application. See also guidance on visit: genuineness and credibility.

Supporting documents

For more information on supporting documents see the customer guidance on supporting documents for visits.

Mandatory documents

enter/stay, you must have evidence to support the reasons why you are not satisfied that the applicant meets the requirements.

Refusal wording

For visa applications, you should use the following refusal templates:

• Visit_NRA_refusal_letter_template_v1.0 for all visit visa refusals that do not have a right of appeal
• Visit_ROA_refusal_letter_template_v1.0 for all visit visa refusals that attract a right of appeal on human rights grounds For further information about refusal notices for visit visa applications, including relevant refusal paragraphs, see Visit: refusal notice guidance. For refusals at the border or refusals of extensions of stay you should use the template and paragraphs on the caseworking system, refusing in line with the Visitor Rules at Appendix V: Visitor. For suitability refusals under Part 9: grounds for refusal, see Part 9 guidance. Related content Contents

Visit: genuineness and credibility

This section gives information on what being a genuine visitor means. Contents: Assessing an applicant’s genuine intentions to visit Assessing an applicant’s personal circumstances Travel/ immigration history Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work or study Grounds for doubting the applicant’s intentions to visit the UK Credibility and intentions: borderline decisions

Assessing an applicant’s genuine intentions to visit

See: paragraph V 4.2 of Appendix V: Visitor. You must be satisfied that the applicant meets all the requirements of V 4.2 to V 4. 6 of the Visitor Rules and is a genuine visitor. If you are not satisfied, you must refuse their application. A visitor can enter, or extend their stay, to do different permitted activities but they should be expected to have a main reason or reasons for visiting, for example for business or a holiday, and be able to provide details. However, particularly where a visitor holds a long-term, multiple entry visit visa valid for 2, 5 or 10 years, it is likely that their reason for visiting will differ over time. This is permissible, provided they continue to intend to undertake one or more of the permitted visitor activities. See also burden of proof and evidence.

Assessing an applicant’s personal circumstances

See: paragraph V 4.2 of Appendix V: Visitor. The following factors will help you assess if an applicant is a genuine visitor:

• their previous immigration history, including visits to the UK and other countries
• the duration of previous visits and whether this was significantly longer than they originally stated on their visa application or on arrival - if this is the case, you should not automatically presume that the visitor is not genuine, but this may be a reason to question the applicant’s overall intentions
• their financial circumstances as well as their family, social and economic background
• their 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-month period, and whether this amounts to ‘de-facto’ residence in the UK