Guidance

Visit caseworker guidance (accessible)

Updated 31 January 2024

Version 14.0

About this guidance

This guidance tells you about applications for Entry Clearance, permission to enter and permission to stay in the UK on the visitor route.

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 Visitor Route Policy.

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 14.0

  • published for Home Office staff on 31 January 2024

Changes from last version of this guidance

  • updated content on scientists and researchers, remote working, and intra-corporate activities to reflect changes to the Immigration Rules
  • new content about wet leasing as a permitted activity
  • changed content around Permitted Paid Engagements now that this is a part of the Standard visitor route
  • removed a reference to the Electronic Visa Waiver, which is closing on 22 February 2024

Quick guide: visit visa

This section is a quick reference guide to the process for making a decision on visit visa applications lodged outside the UK. This does not apply in respect of applications for Transit visit 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:

Visa decision making: complex and non-complex cases

Visa, Status & Information Services operate a workflow routing tool (Complexity Application Routing Solution) which all Decision Making Centres (DMCs) must follow. This is set out in the Revised interim workflow routing solution for visitor applications process guidance. This process is to be used when routing and assessing applications from those customers who are applying from overseas as a visitor under the relevant Immigration Rules. The process guidance should be read in conjunction with this guidance about the visitor route.

Applications will be allocated to decision makers based on complexity, which is determined by applying various person-centric (applicant specific) attributes. Some endorsement types are excluded from the attribute process as they involve greater complexity due to additional requirements of the rules which need a more detailed assessment, and these are marked with a complex indicator in the Quick guide.

Where the attributes supporting a non-complex routing outcome have been demonstrated, normally by validating the statements made in the application by checking the supporting evidence or information provided, a decision maker may be satisfied under the balance of probabilities that the requirements of the Visitor rules are met. This would, amongst other factors, ordinarily enable a decision-maker to assess an application more quickly.

In addition to the above, you must also identify as complex any application where:

  • no additional evidence, or information, other than the application form is presented with the application

  • you are unable to assess the application in full because, while some evidence has been submitted to enable a consideration to take place, some information is missing

  • the application includes evidence which, following consideration, indicates irregularities, and you consider that further analysis or checks are required to confirm the veracity of the evidence

  • a previous application has been refused on suitability grounds (Part 9)

  • you have any other doubts about the evidence presented

  • you have any concerns about modern slavery

  • you have any other reason for thinking that the requirements of the rules might not be met

You should then follow the Quick guide. The positive attributes and the absence of any negative indicators should mean relevant factors are more readily apparent enabling you to assess a non-complex application rapidly.

Visa endorsement codes

For further information on visa endorsement codes see: Visit endorsement guidance.

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 in each other’s countries.

After 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 any reason including to visit, except for in a limited number of circumstances.

An Irish Citizen will need permission to enter or stay if 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

Those who fall within one of the exemptions above do require permission to enter or stay. 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.

Quick guide: visitors at the border

This section is a quick reference guide to the process for making a decision on an application for entry at the UK border as a visitor. Please see separate Transit guidance on visitors transiting the UK, but note that Standard and Marriage/Civil Partnership visitors can transit the UK. Please see separate guidance on the Common Travel Area for visitors arriving in the UK via Ireland.

When considering an application for entry as a visitor at the border, you need to consider:

Permission to enter endorsement codes

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

For further information on permission to enter endorsement codes see: Visit endorsement guidance.

On entry refusal codes at the border

The on entry refusal codes at border are:

  • A1 - insufficient funds for proposed visit

  • A2 - not satisfied genuine visitor

  • A4 - unsatisfactory or unacceptable arrangements for proposed study

  • E4 - lack of required visa or entry clearance

Irish citizens

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.

EEA, Swiss and B5JSSK nationals

Nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea, the United States of America (B5JSSK), EEA states and Switzerland are able to use ePassport gates to enter the UK. If they do so without holding a valid entry clearance they will automatically receive 6 months permission to enter as a Standard visitor and will not receive an endorsement in their passport.

If granting permission to enter as a Standard visitor to a B5JSSK, EEA or Swiss national at the staffed primary control point, you should not endorse the passenger’s

travel document with a code 5N stamp but should instead grant permission to enter verbally, in line with the guidance on ePassport gate eligible nationalities.

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:

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

In the event that an Irish citizen falls within one of the above exceptions, 3ZA of the Immigration Act 1971 states that they require permission to enter or stay. They may have been granted permission as a visitor and may therefore be eligible to make an extension application under the Visitor rules in country. You should consider their application in line with the Visitor rules in the same way as any other applicant.

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 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.

Visit: evidence

This section gives information on how to make a decision on a visitor application.

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 the customer guidance on supporting documents for visitors) – 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.

Mandatory documents

The Visitor rules require specific mandatory evidence from certain types of visitors and for certain activities. The supporting documents guidance sets out the additional evidence required for the different types of visits.

Other documents

You must be satisfied that the applicant is a genuine visitor. Look at their personal circumstances, their stated purpose of visit, their travel history and record of compliance and whether they have adequate funds to cover the costs of their trip or, if they are applying to extend their stay, of the additional time they are seeking to stay in the UK as a visitor. Supporting documents should back up statements made on the application form.

The supporting documents guidance for applicants includes:

  • a list of documents that applicants might want to send in to support the statements on their application form (these are not mandatory - if an applicant does not send one of the recommended documents this failure is not of itself a ground for refusal)

  • a list of documents we ask applicants not to send in. If:

    • an applicant does submit a document on that list you should not consider it

    • you exceptionally want to see one of the documents on the list you should contact the applicant to request it

For visa applications, locally held information will help determine what types of supporting evidence is available in different countries.

You must not ask for or accept a written guarantee or undertaking from the applicant concerning the length of their stay.

At the border, whether you ask for supporting evidence will depend on the questions you ask and the answers the applicant gives.

For applications for permission to stay, the applicant will be asked to provide supporting evidence based on the information given in the application form. If you require additional evidence, you should contact the applicant to ask for it.

If you have concerns about the genuineness of a document, you should try to verify it at source; see guidance on document verification.

Refusals

You should refuse if the applicant has not provided sufficient evidence to satisfy you, on the balance of probabilities, that they meet the requirements of the Visitor rules. See also the guidance on burden of proof and evidence and genuineness and credibility and guidance on Part 9: ground for refusal.

The reasons for refusal must be factual, clear, and relevant to the application. On whatever ground you are refusing or cancelling entry clearance or permission to 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 no right of appeal refusal letter template for all visit visa refusals that do not have a right of appeal

  • Visit right of appeal refusal letter template 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.

Visit: genuineness and credibility

This section gives information on what being a genuine visitor means.

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

  • whether, on the balance of probabilities, the information and the reasons for the visit or for extending their stay provided by the applicant are credible and correspond to their personal, family, social and economic background

Travel/immigration history

You must consider the applicant’s travel history in their passport or travel document (and, for visa applications, that listed on the application form). A pattern of travel that shows the applicant has previously complied with UK immigration law may indicate the applicant is likely to be a genuine visitor, as might travel to other countries, especially the USA, Canada, Australia, New Zealand, Ireland, Schengen countries or Switzerland.

If an applicant has previously failed to comply with another country’s immigration law, for example if they have been removed from another country, or if they have been refused entry to another country, this may suggest that an applicant is not likely to be a genuine visitor (depending on the circumstances).

Travel history should not be the only consideration in deciding whether you are satisfied an applicant is a genuine visitor. There may have been a change in circumstances since previous travel. You should consider all relevant information for each application including any social and economic factors and any locally held information.

Where the applicant is a first-time traveller, you will need to rely on other evidence to satisfy you they are a genuine visitor.

Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work or study

See: paragraph V 4.2(b) of Appendix V: Visitor.

You should check the visitor’s travel history, including how long they are spending in the UK and how frequently they are returning. You must assess if they are, in effect, living in the UK through frequent or successive visits or making the UK their main home.

You should look at:

  • the stated purpose of the visit and intended length of stay

  • the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country

  • the purpose of return trips to the applicant’s home country or trips out of the Common Travel Area and if these are used only to seek re-entry to the UK

  • the links they have with their home country or ordinary country of residence - consider especially any long-term commitments and where the applicant is registered for tax purposes

  • evidence the UK is their main place of residence, for example:

    • if they have registered with a general practitioner (GP)

    • if they send their children to UK schools

  • the history of previous applications, for example if the visitor has previously been refused under the Family rules and subsequently wants to enter as a visitor you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK

There is no specified maximum period, which an individual can spend in the UK in any period, such as ‘6 months in 12 months’ (as long as each visit does not exceed the maximum period for that visit, normally 6 months). However, if it is clear from an applicant’s travel history that they are seeking to remain in the UK for extended periods or making the UK their home you should refuse their application.

Reasons for doubting whether the applicant is a genuine visitor

See: paragraph V 4.2 of Appendix V: Visitor.

This is not an exhaustive list but may help with your assessment. If:

  • the applicant has few or no family and economic ties to their country of residence, and has several family members in the UK - for example a person with most of their family in the UK and no job or studies in their own country may be considered to have few ties to their home country

  • the applicant, their sponsor (if they are visiting a friend or relative) or other immediate family member has, or has attempted to, deceive the Home Office in a previous application for entry clearance, permission to enter or stay

  • there are discrepancies between the statements made by the applicant and the statements made by the sponsor, particularly on points where the sponsor could reasonably be expected to know the facts but does not

  • 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 for the visit stated by the applicant are not credible

  • a search of the applicant’s baggage and vehicle at the border reveals items which demonstrate they intend to work or live in the UK

Credibility and intentions: borderline decisions

See: paragraphs V 4.2 of Appendix V: Visitor.

For visa applications, if you are satisfied that the applicant meets all the Visitor rules you should grant the visa, but if some aspects remain of concern, you should consider whether to grant a short duration visa.

At the border, you must use code 3 if the applicant meets all the Visitor rules, but some aspects remain of concern. You should consider granting under code 3 for the duration required for the stated purpose of visit, rather than granting permission for 6 months.

See Recording requirements for UKVI and Border Force: Credibility and intentions – borderline decisions for information you must record where you have residual doubts.

Visit: maintenance and accommodation and sponsorship

This section gives information on maintenance and accommodation requirements and sponsorship which applies to all visitors except transit.

Maintenance and accommodation

See: paragraphs V 4.2(e) and V 4.3 of Appendix V: Visitor.

Check the applicant has access to sufficient resources to maintain and accommodate themselves adequately for the whole of their planned visit to the UK or for the period of any application for permission to stay. There is no set level of funds required for an applicant to show this.

At the border you may want to ask where the applicant will be staying and ask for evidence that they have access to funds to cover the costs they are likely to incur during their visit.

For visa and permission to stay applications you should look at the application form and any financial supporting documents to assess this requirement. You should consider the likely cost of their stay and assess any sources of revenue that will continue to be available to the applicant whilst they are visiting the UK.

You must also take into account any ongoing financial commitments the applicant has in their country of residence such as rent/ mortgage payments and any dependants who they support financially, including those who are not travelling with them.

Their income or savings, minus their financial commitments, must be sufficient to meet the likely costs they will incur in the UK and be reasonable expenditure in light of their financial situation.

Where an individual provides documents which show sufficient funds for their planned stay, but either all or the majority of these funds have not been held in their account for long, you may want to make further checks to establish the origin of this money.

Any funds relied upon by the applicant to demonstrate that they have sufficient funds must be held in a financial institution permitted under Appendix Finance. See Financial requirements guidance for further information.

If the money is from a third party you must check whether the rules on maintenance and accommodation provided by a third party are met. If not, you should refuse. If the applicant has not declared the third-party support, for example on the application form, and they are unable to show that the funds are genuinely theirs, they should not be counted in any assessment.

Where a child is applying to come to the UK as a visitor or seeking to extend their stay, they are not expected to have funds in their own name. Instead, they may meet the requirement by showing they have access to funds from their parents or a third party.

At the border, if an unaccompanied child is travelling to the UK, you may want to ask for evidence about how their visit is to be funded.

Maintenance and accommodation provided by a third party

See: paragraph V 4.3 of Appendix V: Visitor.

Maintenance and accommodation support can be provided by a third party, including family members, friends and other people with whom the applicant has a genuine personal or professional relationship. If the third party is in the UK, they must not be in breach of immigration law at the time of the decision on the visitor’s application or their entry to the UK. Where that is not the case the support must be disregarded.

To assess whether the relationship with the third party is genuine and whether the third party intends to provide support consider:

  • the third party’s previous history of ‘sponsoring’ visitors - for example, previous failures to support visitors may call into question their intention and ability to do so for this application

  • the relationship between the applicant and the third party

For visa applications, you may want to check with the applicant or third party:

  • where and how they met

  • how often and by what method they communicate

If the third party is an individual such as a friend or family member providing financial support for the applicant, they must satisfy you that they have enough funds available to adequately support themselves and anyone normally dependent on them, as well as the applicant.

Where you believe it is more likely than not that the third party will be unable to provide this support, you may refuse the application.

Other third party support (non-financial)

Only third parties providing maintenance and accommodation are mentioned in the Visitor rules. Sometimes third parties such as MPs may seek to provide undertakings in support of a visit application. These cannot be considered as a guarantee that the visitor will comply with the terms of their permission. You should not actively seek out such an undertaking or accept an offer to provide one.

Where a third-party undertaking in support is provided with an application, you may consider it as a factor relevant to establishing the applicant’s credibility and intentions, but it should not be accepted as evidence of maintenance and accommodation.

See ‘Recording requirements for UKVI: MP letter in support of an application’ on what to do when an MP writes to a visa application centre in support of an application.

Payment for visitors

See: Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festival List, paragraphs V 4.6 of Appendix V: Visitor.

Visitors may only receive payment from a UK source in specific circumstances as set out at V 4.6 of Appendix V: Visitor. This must not equate to a salary - where this is the case, you must refuse the application.

At the border, you may want to ask whether the applicant will be being paid in the UK for any activities. See guidance on permitted paid engagements.

Artists, entertainers, and musicians visiting the UK can receive payment for performances at one or more of the festivals listed on the Permit Free Festival list. They will usually have an invitation letter from the festival organisers, although this is not a mandatory requirement.

Visit: prohibited and permitted activities for visitors

This section gives information on visitors coming to the UK for tourism, to visit friends and family, for business, work related reasons or to transit the UK on route to another country.

Tourism and leisure

See: paragraph PA 2 (a) of Appendix Visitor: Permitted Activities and paragraph V

6.1 (for ADS) of Appendix V: Visitor.

For visa applications, visitors are not required to provide an itinerary, but you should normally expect the applicant to have some plans for their stay and provide information about this on the application form.

At the border, you should expect the applicant to be able to answer questions on what they plan to do in the UK.

Educational exchange visits

See: paragraph PA 2 (b) of Appendix Visitor: Permitted Activities

You must check that the students are in full time education in their home country and that any teachers or other adults accompanying the group are employed overseas.

Exchanges and educational visits may be with a state funded school or academy or an independent school and should be mainly about broadening horizons and deepening intercultural understanding. These visits do not have a specified time limit but you should look at the nature of the visit, and if it is for longer than 30 days make sure it does not amount to a course of study, as study is not permitted at state funded schools or academies and only at independent schools if following the rules around study as a visitor. The precise nature of the visit is for the school to decide. You may wish to see evidence of a programme of cultural visits or other activities to satisfy you that the programme is a short exchange.

For visits by those under the age of 16 (or under 18 if they have a disability) which are longer than 28 days, see guidance on private foster care.

Recreational study

See: paragraph PA 2 (c) of Appendix Visitor: Permitted Activities

Recreational study can be undertaken for up to 30 days. The 30 days do not have to be consecutive and can be split across the visitor’s permission to be in the UK. A recreational course is a course undertaken purely for leisure purposes that does not lead to a formal qualification, for example, a leisure course in pottery or horse riding, but not English language training. It can also include recreational courses undertaken as part of corporate team building. Any bona fide institution in the UK that is not a state funded school or academy can offer recreational courses. Courses that lead to formal qualifications are not considered recreational. Qualifications for this purpose do not include attendance certificates. Courses that do lead to a formal qualification should be undertaken at an accredited institution as per the requirements of V 9.1 of Appendix V: Visitor. See guidance on study for visitors.

Volunteering

See: paragraph PA 3 of Appendix Visitor: Permitted Activities

Visitors may undertake volunteering provided it is for a registered charity and will be for no longer than 30 days in total. The 30 days do not have to be consecutive and can be split across the visitor’s period of permission to be in the UK. Visitors may not undertake voluntary work; you must be clear on the difference between the two.

Voluntary workers:
  • often have a contract with their employer (this means the employer must provide the work and the voluntary worker must attend at particular times and carry out specific tasks)

  • are also usually remunerated in kind

Volunteers:
  • do not have a contract of employment

  • must not take the place of an employee

  • must not receive payment in kind but reimbursement for reasonable travel and subsistence expenses is allowed

  • support a charity or voluntary or public sector organisation, but must not be undertaking work ancillary to the organisation’s charitable purpose, for example: routine back office administrative roles, retail or other sales roles, fund-raising roles and roles involved in the maintenance of the organisation’s offices and other assets

Voluntary work is provided for in the Charity Worker route of the points-based system.

Assessing whether the applicant intends to do work or employment which is prohibited for a visitor

See: paragraphs V 4.4 to V 4.5 of Appendix V: Visitor.

For visa applications you should consider whether the information provided about the applicant’s purpose for visiting and activities to be undertaken would amount to prohibited work under V 4.4 or V 4.5. Permitted activities under Appendix Visitor: Permitted Activities must not amount to employment or filling a role even on a temporary basis. Where you consider the information provided means that this is the case, you should refuse the application and notify the sponsor management team in case the organisation holds a sponsor licence.

See ‘Recording requirements for UKVI: employers using visitors to undertake work or fill a role’ for information that you must record and details of where to send this information to.

At the border you will need to ask the applicant to explain what they are coming to do and for how long. Where you are satisfied that the information provided means the activities amount to prohibited work under V 4.4 or V 4.5, you should refuse entry.

The reasons for refusing a visa or permission to enter, or cancelling permission, must be clear and supported by evidence. For example:

  • refusal on the ground you are not satisfied that an applicant is a genuine visitor because they will be undertaking an activity that is prohibited for visitors (paragraphs V 4.4 to V 4.6) should be supported by information in the visa application form or from examination of the applicant at the border

  • it may be considered that an applicant is intending to directly sell goods or services to the public as opposed to negotiating and signing deals or contracts:

    • the former is a prohibited activity for visitors whereas the latter activity is permitted

    • the information in the visa application form or from questioning the applicant would need to support the assessment of whether or not they intend to undertake a prohibited activity

Where a family member is coming to look after a child in the UK, this is permitted provided it is for a short visit and does not amount to the relative being employed as a child-minder. You must be satisfied that the visit is of a short duration, the relative is a genuine visitor and will not live in the UK for extended periods through frequent or successive visits.

Visitors are not permitted to act as au-pairs for families in the UK, as this is considered to be providing a service, which is not permitted as per V 4.4 (a) (vi) of Appendix V: Visitor. If a visitor states that this is their intention, you should refuse their application.

See: Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festival List and paragraphs V 13.1 – V 13.3 of Appendix V: Visitor

Check that the applicant has explained their main reason for coming to the UK and that this is one of the permitted activities. For visa applicants this will be on their application form. At the border you may want to ask.

There is no provision in the Visitor route for family members, other than as the dependant of a visitor undertaking academic activities for more than 6 months, to stay with individuals for the duration of their visit. However, they can enter to visit providing that they are not making frequent or successive visits to reside in the UK for extended periods.

Business activities will normally be linked to the person’s employment overseas and activities for visitors are mostly incidental to their employment. Some activities require a visitor to do a part of their overseas role from the UK, for example a driver on an international route delivering or collecting goods or passengers between the UK and another country. In all cases the duration of activities must be less than 6 months and prearranged where possible. Where they are not, you should check who will be covering the applicant’s role whilst they are in the UK and assess whether the activities in fact amount to work that must be carried out under the work routes.

General business activities

See: paragraph PA 4 of Appendix Visitor: Permitted Activities.

You should assess whether the amount of time the applicant intends to spend in the UK is credible in view of the activities the applicant is seeking to do and be satisfied that they are not coming to work or make the UK their main place of work. For visa applications this evidence might be included in a letter from an employer.

A visitor can attend conferences or seminars. Whilst most will be formal speaker-led events usually lasting for a couple of days and focussed on a specific topic or sector, they can also include familiarisation programmes for people coming to learn about UK practices on law or finance for example. However, you must ensure this does not amount to the person undertaking recreational study for more than 30 days or work experience.

There is no restriction on the duration of a conference, but it would be reasonable to expect the activity to last no more than a couple of weeks. Where a conference is longer, you should check that it does not amount to work.

Coming to the UK for general discussions to secure funding for a project is permitted under the Visitor rules. However, since 1 December 2020 it is not possible for visitors undertaking these activities to switch into the Start-up and Innovator routes in line with the wider switching principles of the points-based immigration system.

Jobseeking

See: paragraph PA 4 of Appendix Visitor: Permitted Activities.

Visitors are permitted to come to the UK to seek employment and attend job interviews. However, you must be satisfied that should the applicant be successful in obtaining employment they will leave the UK and seek the appropriate entry clearance prior to commencing work. In assessing whether they are a genuine visitor, you should consider the nature of the employment that they are seeking and whether there is an entry clearance route available for such employment.

Remote working

See: paragraph PA 4 of Appendix Visitor: Permitted Activities.

Visitors are permitted to undertake activities relating to their employment overseas remotely whilst they are in the UK, such as responding to emails, answering phone calls or participating in remote meetings. However, you should check that the applicant’s primary purpose for coming to the UK is to undertake another permitted activity, rather than specifically to work remotely from the UK.

When assessing whether a visitor’s primary purpose is to undertake remote work you should consider the proposed length of their stay and whether a stay of such a length would be financially viable without remote working on an ongoing basis. Where you believe that the viability of a visit substantially relies on an individual supporting themselves financially through remote work, you should consider that work to be the primary purpose of their visit.

Visitors are likely to stay for less than one month whilst undertaking remote work as a secondary activity because they will be in employment overseas. If they request longer you should look carefully at what they will be doing in the UK and be content that their primary purpose is not remote working. Activities lasting more than 90 days are not an automatic ground for refusal but may lead to questions about the nature of their remote work.

Where a visitor is coming to the UK to undertake permitted business activities, such as attending meetings or conferences, they can also work remotely as part of their overseas employment, however you should also ensure that this does not amount to the applicant being seconded to a UK company or organisation, or to the UK branch of their overseas employer.

Where the applicant indicates that they intend to spend a large proportion of their time in the UK and will be doing some remote working, you should ensure that they are genuinely employed overseas and are not seeking to work in the UK.

You must be satisfied that the applicant will not live in the UK for extended periods through frequent or successive visits. See guidance on frequent and successive visits.

Intra-corporate activities

See: paragraphs PA 5.1 to PA 5.2 and PA 6 of Appendix Visitor: Permitted Activities.

Intra-corporate activities should be of a short duration, linked to a specific project, and where the visitor will be directly working with or for clients, this should not be the primary purpose of their visit to the UK.

When assessing whether an applicant’s primary purpose is to work with or for clients you should consider the role of the UK branch of the corporate group. If the applicant is travelling to the UK to support their UK based colleagues on a project being led from the UK branch, and this naturally leads to the applicant working directly with clients, this is acceptable. However, if the applicant is travelling to the UK to undertake activities under PA.5 directly with clients, independently of a project led from the UK branch, then you should refuse the application, as the client facing work will not be incidental to the applicant’s employment overseas.

You must be satisfied that the applicant is not coming to fill a role in the company which must be done under the Global Business Mobility route or routes. If that is the case, the application must be refused.

There are no restrictions on the nature of regulatory audits providing they are internal to the group of companies (including branch and subsidiary). You may want to check company records online to confirm if the companies are part of the same group.

An example of an audit is inspecting the quality of car productions at a manufacturing plant.

Manufacturing and supply of goods

See: paragraph PA 7 of Appendix Visitor: Permitted Activities.

This activity is in place to provide for the commitments the UK has taken in trade agreements.

This activity could arise in the following circumstances:

  • if the overseas company is the manufacturer, or manufactured a component of the machinery, equipment, computer software or hardware

  • if the overseas company supplied the machinery, equipment, computer software or hardware

  • if the machinery, equipment, computer software or hardware has been supplied or manufactured by a larger corporate group and the service, installation or repair function is undertaken by employees of a different company within the same corporate group and this arrangement was clear at the time when the contract of purchase, supply or lease was concluded

  • if the manufacturer or supplier subcontracts the installation or maintenance of the machinery, equipment, computer software or hardware to another separate overseas company and this arrangement was clear at the time when the contract of purchase, supply or lease was concluded

  • if the employee of the overseas company is required, for safety reasons, to operate equipment, machinery, or hardware that is being provided under contract of purchase, supply or lease to a UK company or organisation

You may wish to see evidence of the contract between the overseas and UK based company which should specify the arrangements in place for the after sales service. If you have doubts or concerns, then you should contact the UK based company to verify the arrangement.

If the contract of sale was between EU and UK based companies and predates the UK’s exit from the EU, the contract may not include details of the after sales service. In these cases, you may consider other evidence such as a letter from the UK based company setting out the nature of the service contract in place and the date the EU based company began providing this service.

Visitors are likely to stay for less than one month to carry out this activity because they will be in employment overseas. If they request longer, you should look carefully at what they will be doing in the UK and be sure they are not filling a role in the UK company. Activities lasting more than 90 days are not an automatic ground for refusal but may lead to questions about their intention to be in the UK for a short visit and how they will be able to continue their overseas role.

Clients of UK export companies

See: paragraph PA 8 of Appendix Visitor: Permitted Activities.

You should check if there is a contract of service between the two companies for the UK company to provide goods or services to the overseas company. An example would be a UK company contracting defence services to an overseas company (companies must not be part of the same corporate group). Employees of the overseas company can work with the UK company to oversee delivery of the contract. Repeat visits are possible if the duration of the contract is for more than 6 months but there should be a clear end date for the work.

Overseas roles requiring specific activities in the UK

See: paragraph PA 9 of Appendix Visitor: Permitted Activities.

It is possible for certain types of people who are employed abroad and remain so to visit the UK to carry out their work. You must check the visitor continues to be employed and paid overseas. Personal assistants and bodyguards who are supporting an overseas businessperson on their visit must not be providing personal care or doing domestic work for them in the UK – they must use the Overseas Domestic Worker route for this.

Wet lease agreements

Pilots or members of cabin crew who are coming to the UK to work on an aircraft that is being leased to a UK airline as part of a Civil Aviation Authority wet lease agreement will often be based in the UK for long periods (in some cases for up to 6 months). This is acceptable however you should ensure that they will remain employed and paid by the overseas employer for the duration of their stay and are not being employed in the UK.

Work related training

See: paragraph PA 10.2 of Appendix Visitor: Permitted Activities.

Training should be in work practices and techniques that are not available in the visitor’s home country. It should typically be classroom based or involve familiarisation or observation. Practical training is allowed provided it does not amount to ‘training on the job’ or the person filling a role. It is acceptable for a visitor to learn how to use a piece of equipment in the UK, but you must carefully assess how long they intend to do this for and make sure there is no risk that they will be working for the host company in the UK.

Where you think the training is available in their home country, you may want to question why the visitor needs to come to the UK.

If the visitor states that they will be being trained for longer than one month, you should consider who will be covering their work overseas and whether their training activities amount to taking employment in the UK.

Graduates of medical, dental or nursing schools

See: paragraph PA 10.1 of Appendix Visitor: Permitted Activities and paragraphs V 11.1 to V 11.13 and V 15.3 to V 15.4 of Appendix V: Visitor.

Whilst visitors who are undertaking an unpaid clinical attachment cannot be responsible for the treatment of patients, they can undertake ancillary tasks whilst under supervision.

Where a person is undertaking the PLAB (Professional and Linguistic Assessments Board) or OSCE (Objective Structured Clinical Examination) tests this will not usually include any study in the UK. The applicant must provide confirmation of their test from the General Medical Council or Nursing and Midwifery Council.

Where an individual successfully passes the PLAB test and wishes to remain in the UK they can only do so if it is for an unpaid clinical attachment as specified in the Visitor rules.

Individuals can enter as visitors to sit a test or an exam in the UK, such as those for entry into one of the Royal Colleges.

Science, research and academia

See: paragraph PA 11.1 of Appendix Visitor: Permitted Activities, and V 10.1 of Appendix V: Visitor.

When determining whether a senior doctor or dentist is eminent you should consider whether they have been working for a number of years in their profession. They may come to the UK to take part in research, teaching, or clinical practice as long as this does not amount to taking employment in the UK.

Academics who are applying for a 12 month visit visa, or an extension to complete 12 months as an academic carrying out the activities referred to in V 10.1 of Appendix V: Visitor, must be highly qualified within their field of expertise and working in that field at an academic or higher education institution overseas before entering the UK. This will generally be people with PhDs or higher. If the applicant does not provide evidence of this, you can usually find a biography on the relevant institution’s website.

Academics who want to come to the UK for 6 months or less do not need to meet the additional requirements at V 10.1 of Appendix V: Visitor.

See: paragraph PA 12.1 to PA 12.2 of Appendix Visitor: Permitted Activities.

Where a person is summoned to the UK to attend a court hearing and there are reasons to doubt their intentions, you should check whether their evidence could be given by video-link by contacting the court. Any person summoned by a UK court would need to provide evidence to confirm why their attendance in person is necessary.

Religion

See: paragraph PA 13 of Appendix Visitor: Permitted Activities.

You should check that the person is not seeking to take up an office, post or appointment in the UK.

Religious workers can undertake pastoral duties which can include one-off engagements such as conducting wedding ceremonies or funerals, provided these are one-off engagements for which they are not receiving payment and they continue to be in employment overseas. If they want to work in the UK, they should consider applying under Appendix Temporary Work - Religious Worker or Appendix T2 Minister of Religion.

Creative

See: paragraphs PA 14.1 to PA 14.3 of Appendix Visitor: Permitted Activities.

An artist can include anyone coming to the UK to undertake an activity that is connected to the arts, such as literature, performing arts, visual arts or culinary arts.

There is no restriction on amateur or professional artists doing permitted activities. Examples include:

  • poets

  • film crew (including crew for online media content, for example YouTube)

  • photographers

  • designers

  • artists

  • musicians

  • writers

  • conductors

Entertainers can include anyone coming to the UK to undertake an activity that is connected to the performing arts, for example dancers, comedians, members of circus acts, members of film crew or those participating in e-sport competitions.

Personal or technical staff who are attending the same event can accompany the artist, entertainer, or musician to the UK, provided they are employed to work for them overseas. Examples include, but are not restricted to:

  • choreographers

  • stage managers

  • make-up artists

  • personal bodyguards

  • press officers

Sport

See: paragraphs PA 15.1 to PA 15.2 of Appendix Visitor: Permitted Activities.

You must consider whether the individual is being employed as a professional sportsperson by a team based in the UK. If that is the case, you should refuse and inform the applicant to consider applying under the work routes.

Sportspersons are able to take part in tournaments or events, however if the applicant intends to participate in a professional domestic championship or league, including where one or more of the fixtures or rounds takes place outside the UK, this is classed as employment (paid or unpaid).

Amateur sportspersons are able to join an amateur team or club to gain experience in a particular sport, provided they are an amateur in that sport. You must consider whether the individual is actually an amateur or not, as well as the amateur status of the team or club. An individual is not permitted to join an amateur team or club as a visitor if they are a professional sportsperson or the team or club is not an amateur one and you must refuse the application.

It should be possible to confirm the team or club’s status on their website or on the website of the sport’s governing body. For example, the England and Wales Cricket Board for cricket, or for football on the websites of the relevant leagues, for example the English, Scottish, Welsh, and Northern Irish football leagues.

“Amateur” means a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.

“Professional Sportsperson” means a person who is one or more of the following:

a. currently providing services as a sportsperson, or is playing or coaching in any capacity, at a professional or semi-professional level of sport (whether paid or unpaid); or

b. currently receiving payment, including payment in kind, for playing or coaching, and that payment covers all, or the majority of, their costs for travelling to, and living in, the UK, or has received such payment within the previous four years; or

c. currently registered to a professional or semi-professional sports team, or has been so registered within the previous four years (this includes all academy and development team age groups); or

d. has represented their nation or national team within the previous two years, including all youth and development age groups from under 17s upwards; or

e. has represented their state or regional team within the previous two years, including all youth and development age groups from under 17s upwards; or

f. has an established international reputation in their chosen field of sport; or

g. engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months; or

h. is providing services as a sportsperson or coach, unless they are doing so as an “Amateur” in a charity event; or

i. is providing services as a sportsperson or coach, unless they are doing so as a Student who is studying a course at a degree level or above at a higher education provider and playing or coaching sport as an “Amateur” or as part of a work placement that is undertaken as an integral and assessed part of their course.

Some examples of those likely to be included in the definition of ‘professional sportsperson’ are:

  • players who have played for professional or semi-professional clubs at junior levels, which may include under 17s and under 19s teams, whether they were paid or not

  • coaches of junior teams of professional or semi-professional clubs, whether they were paid or not

  • former professional sportspeople who have formally reverted to amateur status according to the rules of their sport

  • players who have played representative sport for their state, country, or territory, whether they were paid or not

  • those who have engaged agents to find opportunities to provide their services as a sportsperson or a coach

  • those travelling solely to play or coach sport who have their expenses wholly or largely paid for them

Technical or support staff for sportspersons must be attending the same event as the sportsperson and be employed to work for them overseas. Examples include:

  • physiotherapists

  • coaches

  • dieticians

  • bodyguards

  • press officers

  • polo grooms, but only when they are accompanying a polo player and not intending to base themselves in the UK for the sporting season to take up employment in the stables

Sports officials are permitted to support a sports tournament or event, providing they have been invited by either: a UK based sports organisation, agent, or broadcaster; or a sportsperson who is attending the same tournament or event (although there is no requirement for the sports official to be employed by that sportsperson overseas). Examples of sports officials may include:

  • lines people

  • referees

  • umpires

Permitted Paid Engagements

See: paragraph PA 19 of Appendix Visitor: Permitted Activities, paragraphs V 13.1 to V 13.3 of Appendix V: Visitor.

Visiting academic examiners or assessors

Experts will normally be employed outside the UK and therefore intend to return to this employment on completion of their engagement.

Where an academic is fully retired and carries out one-off examination work, this would not count as their full-time occupation, and you must refuse their application. However, an individual who is semi-retired, carrying out regular examination work and earning income from this, will qualify under this route.

Where the proposed activities include examining at a further education establishment, their application must be refused, as they must apply under the work routes to do this.

UK Higher Education Institution (HEI) means a body that receives public funding as a UK Higher Education Institution from either:

  • The Department for Employment and Learning in Northern Ireland
  • The Office for Students
  • The Higher Education Funding Council for Wales
  • The Scottish Funding Council
  • Richmond, the American International University in London
Evidence

You must consider their employment overseas, which must be in a field relevant to their engagement here.

The invitation should show why the individual has been chosen to carry out the engagement (because of their skills or expertise) and set out how the engagement links to the venue and how long the engagement is for.

Other evidence could include publications by the applicant in their particular field of expertise or a letter from their employer confirming where they work and area of expertise.

Visiting lecturers

Experts must be employed outside the UK (this does not have to be as a full-time lecturer) and intend to return to this employment on completion of their engagement.

Where an expert is fully retired and carries out a one-off lecture, this will not count as their full-time occupation, and you must refuse their application. However, an individual who is semi-retired, carrying out regular lectures and earning income from this, will qualify under this route.

If an individual is invited to give a lecture at a Higher Education Institution as part of a course, then this is acceptable, providing they are not replacing the formal role of the course teacher at the HEI (this would come under the points-based system).

The subject of their lecture will, in the majority of cases, directly relate to the area in which they are employed overseas. In cases where they are coming to the UK to lecture on an unrelated area you must take care to verify the applicant’s qualifications in this area, such as:

  • any previous employment or posts held in this area
  • publications on the subject
  • other recognised qualifications
Evidence

Consider their employment overseas which must be in a field relevant to their engagement in the UK.

Other evidence can include:

  • publications by the applicant in a particular field
  • evidence of previous lectures given in that field of expertise
  • a letter from their employer confirming where they work and area of expertise

Other recognised organisations who may invite visiting examiners or assessors or visiting lecturers for permitted paid engagements

The Home Office recognises publicly funded research institutions, such as:

  • research organisations, which could include independent research organisations and those Research Council funded institutes
  • museums (this must be the primary purpose of the venue)
  • art galleries (where the primary purpose of the venue is to exhibit art as opposed to selling it or any other activity)
  • arts centres, arts festivals, theatres, and other arts venues

Designated air pilot examiner

To make sure a training organisation is regulated by the Civil Aviation Authority (CAA) see the Civil Aviation Authority website.

If you are unsure about the training organisation’s status, you must contact the CAA to confirm they are an approved facility for providing flight training.

You must make sure the engagement relates to the applicant’s expertise or qualifications, and full-time profession overseas. Given the nature of this engagement the applicant must be employed overseas as a member of that country’s national aviation authority, for example the Federal Aviation Authority in the USA.

Qualified lawyers

Qualified lawyer covers:

  • counsel
  • advocates
  • attorneys
  • barristers
  • solicitors

In addition to advocacy and dispute resolution work, lawyers entering under these provisions are permitted to take an active role in the preparation of a hearing which may need one or more preparatory visit or visits.

Where it is clear from the invitation or other information the case is likely to last longer than one month, you must find out if the applicant’s involvement will be required for the entire duration. If it is, you must refuse the application on the basis that they are intending to undertake a permitted paid engagement for longer than 30 days.

If the qualified lawyer is representing a client based overseas, the engagement must still relate to a UK-based hearing. Rights of audience are not required for:

  • arbitration
  • other alternative dispute resolution hearings
  • certain tribunal hearings
Evidence

They must provide confirmation of the lawyer’s right of audience (or ‘temporary call’), where required, which would allow an overseas lawyer to represent a client in a UK court.

Lawyers can be expected to demonstrate their qualifications. It is common to show a practising certificate or certificate of good standing. This document will vary depending on the regulatory body involved.

Arts, entertainment or sporting professionals

A creative organisation includes all organisations involved in artistic and entertainment activities. Examples include galleries, arts faculties or departments in universities and schools, and venues involved in producing or staging of events. Embassies putting on cultural events related to the country concerned are also in scope. UK based agents and broadcasters can also invite individuals to undertake a permitted paid engagement in the UK. You must be satisfied that the inviting organisation is legitimate.

A sports organisation includes any organisation involved in organising or staging sporting events or matches.

To qualify, applicants must be able to demonstrate that this is their full-time profession. In assessing this you must consider factors such as:

  • standing
  • reputation
  • earnings, recognising that some artists may earn lower salaries in certain countries
  • existing work commitments outside of the UK

An arts professional can work in fields across the performing and creative arts such as a poet, make-up artist, stylist, set designer, photographer, or a traditional artist (this is not an exhaustive list).

Fashion models who are coming to the UK to undertake a specific engagement can use this route, providing they do not intend to make the UK their home.

Artists may be taking part in activities such as:

  • judging panels
  • giving lectures
  • talking about, presenting, or launching their work to other professionals or the public
  • performances
  • panel debates
  • professional conferences
Evidence

They must also provide documents to show they are an established professional artist, entertainer, or sports professional, such as:

  • publications they have produced
  • publicity material for performances, screenings, concerts, talks, readings, or exhibitions
  • evidence of awards
  • media coverage and reviews
  • proof of recent performances

Speakers at conferences

Speakers may be invited to a wide range of events, such as business events, or one- off or a series of lectures in an academic setting. If the speaker is being invited to a trade fair you should ensure that they are not going to be directly selling to the public.

Offshore worker notification requirements

The Immigration (Offshore Worker Notification and Exemption from Control (Amendment) Regulations 2023 set out that from 12 April 2023, an offshore worker must report when they arrive in, and leave, UK waters. An offshore worker is a person who arrive in UK waters (the territorial sea and inland waters) for the purpose of undertaking work in those waters and where they do not first enter the UK landmass.

If a visitor arrives directly into UK waters to undertake permitted activities in those waters during their stay, they will be classified as an offshore worker and if they do not have a sponsor will be required to notify the Home Office each time they arrive in and leave UK waters by emailing the offshore worker notification inbox.

The email should include the following information:

  • name, date of birth, nationality

  • date they arrived in, or left, UK waters (as appropriate)

  • activity being undertaken in UK waters

  • immigration route which they are arriving in/leaving from UK waters on

  • vessel name

The relevant notification must be made:

  • no earlier than the date they arrived in or left (whichever is relevant) UK waters

  • no later than 10 working days after the date they arrived in or left (whichever is relevant) UK waters

Alternatively, notifications can be made by post to:

Economic Migration Unit
PO Box 3468
Sheffield
S3 8WA

Study for visitors

See: paragraph PA 17 of Appendix Visitor: Permitted Activities, paragraphs V 9.1 to V 9.5 of Appendix V: Visitor.

A visitor can come to the UK to:

  • study a course at an accredited institution (meaning one or more consecutive or concurrent programmes of study that will be completed within the validity period of the visitor permission)

  • undertake research or research tuition (for example, to learn about research)

  • complete one or more (unpaid) elective courses linked to their overseas study, where they are studying medicine, nursing, midwifery, veterinary medicine and science, or dentistry as their principal course of study equivalent to at least degree level study in the UK

  • complete a study-abroad programme in the UK as part of an overseas course, where the programme is less than 6 months in length

  • sit an entrance exam

  • re-sit an examination or retake a module

  • take an oral (viva) examination for part of a PhD qualification at a UK institution

If a visitor is coming to the UK to study, other than up to 30 days recreational study, you must check they have been accepted for a course of study at an accredited institution. All English language training must be undertaken at an accredited institution even if it will last less than 30 days.

If a visitor is coming to the UK to complete a short period of research, to learn how to conduct research or to complete an elective or electives, you must check that the applicant meets the requirements. They must:

Applicants who apply for a visit visa or permission to enter to complete research or research tuition as a visitor must meet the requirements of paragraphs V 9.4 – V 9.5 of Appendix V: Visitor.

Where the higher education provider has entered into a partnership with a research institute to teach courses to master’s and/or PhD students, the research institute must either be:

A visitor cannot be employed as a sponsored researcher - to do so they must apply under the work routes.

Visitors are not allowed to enrol on a course of study that includes a work placement or work experience, with the exception of an elective course of study which meets the requirements set out in paragraph V 9.3 of Appendix V: Visitor.

Whilst visitors who are undertaking a medical, nursing, midwifery, veterinary or dentistry elective cannot be responsible for the treatment of patients, they can undertake supervised ancillary tasks.

Genuine study

As well as the considerations under Genuineness and credibility, decision makers should also consider whether the proposed course of study is credible. The following factors may help you assess whether the study is credible:

  • the length of time the applicant intends to study in the UK and how this might impact on their personal circumstances in their home country

  • why the applicant is intending to undertake this course and how it relates to their personal circumstances in their home country

  • whether the course is available elsewhere, including online

  • whether the applicant intends to study at an accredited institution

  • whether the applicant genuinely intends to study here on a course or courses that will be completed during their stay (except in the case of distance learning)

  • whether the applicant has sufficient funds to undertake the course of study

You must be satisfied that they do not intend to use frequent and successive visits to circumvent the requirements of the Student or Child Student routes, that is, to pursue a longer course.

Studying at a UK Institution by distance learning

Students undertaking a course of study at a UK academic institution via distance learning should be studying for the majority of their time outside of the UK and only intend to come to the UK for short periods of time for certain activities, such as induction weeks, intensive face-to-face learning, one-to-one progress checks or to sit exams or assessments.

Due to the types of activities that might require a distance learner to be in the UK, you would not expect them to be in the UK for a long period of time and you should check to ensure that they are not using frequent or repeat visits to pursue a longer course that should be undertaken on the Student or Child Student routes.

Part-time study on a course exceeding 6 months in the UK

A student cannot study a course exceeding 6 months which is designated as part- time using the visitor route unless they are studying at a UK institution by distance learning.

Students wishing to undertake a part-time course at a UK higher education institution of Regulation Qualifications Framework (RQF) level 7 (Scottish Credit Qualifications Framework (SCQF) Level 11) or higher may do so through the Student route.

Accredited institutions

A visitor who intends to study, other than recreational study of up to 30 days, must be accepted on a course of study provided by an accredited institution.

An accredited institution is one that falls into one of the following categories. It must:

To check that an overseas higher education institution offers programmes equivalent to UK degrees, you should check the Ecctis website.

Long-term visit visa holders

A visitor who holds a long-term, multiple entry visit visa may wish occasionally to come to the UK to study for up to 6 months. This can include, but is not limited to, people who are pursuing a course of study overseas, including a UK course by distance learning, who are required to study in the UK as part of this.

It may be apparent that the visitor is making repeat visits in order to complete a longer course of study (they may have confirmation of acceptance on such a course). Such study, if it is not a distance learning course, should be carried out under the Student or Child Student routes. A visitor must not intend to study in the UK for extended periods through frequent or successive visits in order to complete a course of study of more than 6 months.

If you identify someone making repeat visits in order to complete a longer course of study using a long validity visit visa it may be appropriate to consider cancelling it under Part 9: grounds for refusal.

State education: children of visiting academics in UK for 12 months

The requirement that a visitor must not intend to study at a state funded school or academy may be waived in the case of a person who is accompanying their parent who is a visiting academic undertaking research for up to 12 months in the UK.

Admission to state funded schools or academies is not an immigration matter. The Department for Education has policy responsibility for admissions to schools in England. Admissions policy elsewhere in the UK is a matter for the devolved administrations of Scotland, Wales, and Northern Ireland. Responsibility for deciding whether to admit a child to a school rests with the school’s admission authority, which is the local authority in the case of a community or voluntary controlled school, and the school’s governing body in the case of voluntary aided or foundation school.

Transiting the UK as a ‘Standard’ or ‘Marriage/Civil Partnership’ visitor

See: paragraph PA 18 of Appendix Visitor: Permitted Activities and V 14.1 to V 14.2 of Appendix V: Visitor.

A Transit visitor is a person seeking to travel through the UK on their way to another destination country outside the Common Travel Area (UK, Ireland, the Channel Islands and Isle of Man).

There are 4 ways an individual can transit the UK. These are explained in detail in the Transit guidance.

A person who holds a Transit, Standard or Marriage/Civil Partnership visit visa or permission can use that to enter the UK to transit the UK landside (that is, to cross UK border control while transiting and enter the UK for a maximum of 48 hours). The differences are that a person who holds a Transit visit visa or permission cannot use that to enter the UK for any other reason, they can only transit the UK.

A person who holds a Standard or Marriage/Civil Partnership visit visa or permission can transit the UK as well as undertake any of the other permitted activities in Appendix Visitor: Permitted Activities, with the exception of permitted study under paragraph PA 17, which can only be undertaken by Standard visitors.

For example, a visitor who holds a long-term Standard visit visa valid for 10 years can come to the UK to transit using that visa, without the need to obtain a separate Transit visit visa. Or a visitor who holds a Marriage/Civil Partnership visit visa valid for 6 months can come to the UK to get married or form a civil partnership, leave the UK to honeymoon in a third country and transit the UK on their way to returning to their home country using the same visa.

Full details of considerations and processes can be found in the Transit guidance. Standard and Marriage/Civil Partnership visitors intending to transit must meet the requirements under paragraphs V 4.1 to V 4.6, V 14.1 to V 14.2 and (where applicable) V 12.1 to V 12.2.

Visit: period of stay granted

This section gives information on what length and type of entry should be granted in different circumstances.

Long-term visit visas (multiple entry)

Applicants for a Standard visit visa may apply for a visa that allows multiple visits of up to 6 months at a time over a period of:

  • 2 years

  • 5 years

  • 10 years

You can issue a shorter duration visa if the applicant meets the Visitor rules relevant to their visit, but you have concerns about issuing a long-term visit visa. Entry Clearance officers must obtain the authority of the Entry Clearance Manager before issuing a visit visa of shorter duration than that applied for.

You must provide clear reasons for the decision to grant a visa for a shorter period than that applied for in a covering letter when the passport is returned.

In such cases no refund (full or partial) is available.

See: Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work.

Extensions for long-term multiple-entry visit visas

If a visitor holds a long-term multiple-entry visa and they want to stay for longer than the visa expiry date, it is possible for them to apply to extend their permission for up to the maximum 6 months permitted for Standard visitors. For example, a visitor arrives in January and their long-term visit visa is due to expire in February. Provided the visitor meets the rules, they can extend for up to 6 months, until June, as a Standard visitor. A single entry or 6-month visa can also be extended to complete 6 months in the UK as a visitor. Applications must be made before the original permission expires.

Single entry visit visa: when and how to grant

Most visit visas allow the person to enter the UK multiple times during its period of validity (except for Approved Destination Status (ADS) Agreement visas).

For other visitors, you must only issue a single-entry visit visa in certain cases, such as:

  • children whose visit is sponsored by charities

  • in residual doubt cases where the applicant meets the rules, but you have a residual doubt and there is a clearly established, verifiable and compelling reason to visit the UK (see examples below)

A non-exhaustive list of examples of where it may be appropriate to issue a single- entry visit visa includes:

  • a key witness (non-expert) at a criminal, civil or family court appearance

  • a visit at the request of the police or other agency to assist enquiries

  • to attend the funeral of an immediate family member

  • to attend a specific one-off genuine event the applicant has been invited to, for example a religious convention

  • to conduct a specific business transaction in the UK where the person’s attendance is essential

  • to visit an immediate family member who is pregnant or who is seriously ill

Entry Clearance Officers must obtain the authority of an Entry Clearance Manager before issuing a single-entry visit visa (except for ADS visas).

Short duration visa: when and how to grant

Unless there are grounds for not issuing a multi-entry or long-term visit visa, you should issue the visa applied for.

You can limit the duration of a visa:

  • for children, who should only be granted a long-term visa which is valid to 6 months past their 18th birthday, for example for a 14 year old applying for a 5 or 10 year long term visit visa, the visa expiry date should be limited to the date that is 6 months after the applicant’s 18th birthday

  • when it is appropriate to issue a single entry visa

  • when the applicant holds a travel document:

    • with permission to enter another country that must be exercised before a given date

    • that restricts how long they may be outside their country of normal residence

See Recording requirements for UKVI: granting a short duration visa for information you must record.

Visit: suitability

This section gives information on how the suitability rules apply to all visitors.

Part 9: grounds for refusal

Where an application falls to be refused on suitability grounds, or a visit visa or permission to enter or stay as a visitor falls to be cancelled it must be done with reference to the relevant paragraph of Part 9: grounds for refusal.

See the Part 9 guidance for further information.

Change of circumstances and cancellation

Under Part 9: general grounds for refusal, visit visas and permission to enter or stay as a visitor can be cancelled in specified circumstances.

It is reasonable to expect that a person who is applying for a visit visa or permission to enter or stay will have and be able to articulate a main purpose or purposes for visiting the UK. However, since a visitor can undertake any permitted activity or permitted paid engagement, it is not sufficient reason to cancel a visit visa on arrival due to a change in the declared permitted activity to be undertaken, provided the visitor meets any relevant eligibility criteria for the activity, and does not propose to undertake a prohibited activity.

The primary purpose of a long-term multiple entry visit visa holder is particularly likely to change over the course of 2, 5 or 10 years. It is also possible that a visitor, having indicated on a visa application that they intended to undertake a particular permitted activity, changes their main purpose for visiting before or on arrival at the border. For instance, they proposed to take part in a sporting event that is subsequently cancelled, and they come here for a holiday instead. Since a visitor can undertake any permitted activity or permitted paid engagement, this is permissible.

See Part 9: grounds for refusal guidance for full information about how to consider and apply the Part 9 rules to visitors.

Visit: children

This section gives information on how to deal with applications from children visiting the UK.

Child welfare duty

See: paragraphs V 5.1 to V 5.2 and V 1.4 of Appendix V: Visitor.

The Home Office has a statutory duty to have regard to the need to safeguard and promote the welfare of children in the UK under section 55 of the Borders, Citizenship and Immigration Act 2009. For more information, see Safeguard and promote child welfare.

You must make sure a child’s welfare is taken into account when considering an application from someone under the age of 18.

Child not travelling or residing with their parent or guardian

See: paragraphs V 5.1 to V 5.2 and V 1.4 of Appendix V: Visitor.

Where a child is not travelling or residing in the UK with their parent or guardian, you must be satisfied that travel, care and reception arrangements are adequate and that the requirement for parental consent has been met.

See Recording requirements for UKVI: child not travelling or residing with their parent or guardian for information you must record.

If details are missing, unclear or other factors raise concerns about the child’s welfare, you must make further enquiries to confirm the identity and residence of the host and make sure the child is expected.

If you are not satisfied that there are adequate arrangements for the child’s welfare in the UK, you may decide to refuse the application.

At the border

If you have any concerns about a child’s welfare you must contact your local authority children’s services department or the police where appropriate.

Children’s Services will advise on the suitability of the sponsor and will take the child into their care, if they agree that the sponsor is unsuitable or if there is no responsible sponsor. See: Border Force children’s guidance.

See: paragraph V 5.2 of Appendix V: Visitor.

If a parent or guardian is making the application on behalf of the child, this will usually satisfy the requirement for parental consent.

If the applicant’s parents are divorced, the consent must come from the parent or parents who hold legal custody or joint responsibility.

If the child is not intending to travel with a parent or guardian, and there are no factors which give cause for concern, a letter from the parent or guardian confirming their relationship to the child and consenting to the child’s application will be sufficient to establish that this requirement has been met. This does not preclude you from asking for further evidence if required.

If the applicant provides information that the parent they will be travelling with is not the parent who holds legal custody you should seek consent from both parents.

If there is evidence that the legal authorities (meaning the police or judiciary, not a legal representative of one parent) in the child’s country of residence have indicated that they are at risk of being moved out of the country without consent you should seek consent from both parents.

You should also request consent from both parents where you are concerned that the child may be at risk.

If there is no consent from the parent or guardian to support the application and no reasonable explanation why this is the case, the application must be refused.

If an application is made by someone other than the parent or guardian, unless that person is a social worker who holds parental rights and cares for the child, you must make enquiries about the identities of accompanying adults and the person giving consent.

See Recording requirements for UKVI: parental consent and responsibility for care in home country for information you must record about accompanying adults.

If you have any concerns relating to child trafficking you must consult the victims of modern slavery guidance.

If there is no parental consent, refer to the Border Force children’s guidance.

Private foster care

See: paragraphs V 5.1 to V 5.2 and V 1.4 of Appendix V: Visitor.

A child is considered to be in private foster care when they are:

  • under 16 years old, or under 18 years old for those who have a disability

  • being cared for on a full-time basis for more than 28 days

  • not being cared for by parents, legal guardians or close relatives

This is unless the child is part of a group travelling and staying together and accompanied by an adult, for example, a school group.

If a foster carer or relative who is not a parent or guardian will have responsibility for the child’s care whilst in the UK, the applicant must be able to show the following to satisfy you that reception and care arrangements are adequate:

  • a written statement of consent from the parent or guardian

  • the name and date of birth of the intended foster carer

  • the address where the applicant will be living

  • the relationship of the foster carer to the applicant

  • authority from the parents or legal guardian allowing the foster carer to care for the applicant during their stay in the UK

  • where the child is on an educational exchange visit that lasts longer than 28 days and they are not accompanied by their parent or guardian, a letter from the school to include details of the foster care arrangements

  • confirmation that the parents have notified, or will notify, the relevant UK local authority, including the reply from the local authority if they have one

You must make every reasonable effort to make sure the documents presented are genuine.

In England and Wales

Private foster care arrangements must be notified to the relevant local authority by:

  • the parents or other carer of the child

  • other parties to the arrangement, for example the education provider

  • the Home Office, if it has not already been done

In Scotland

The regulations require that parents including a guardian or relative:

  • notify the local authority of arrangements to be made for the fostering of their children privately under the Foster Children (Scotland) Act 1984

  • make provision for the local authority to investigate the suitability of such private fostering arrangements in the interests of the child (regulations 4 to 6) and for the visiting of such foster children by the local authority (regulation 7)

In Northern Ireland

The regulations are equivalent to those in England. Health and social care trusts must be notified of private foster care arrangements lasting more than 28 days in relation to children under 16 years old (or under 18 if they have a disability).

Where a child’s visit exceeds 28 days, under private foster care arrangements the host family must present evidence to satisfy you that they have contacted their local Social Services for a home assessment. Where a home assessment has been completed and approved, evidence of this must be provided.

Where a council declines to carry out such an assessment, their response and any relevant evidence to demonstrate that suitable arrangements have been made for the child’s stay in the UK must be provided by the applicant.

Child visiting to stay with a host family

See: paragraphs V 5.1 to V 5.2 and V 1.4 of Appendix V: Visitor.

If care arrangements are not adequate the application should be refused.

The checks you must make will vary and depend on whether the child is accompanied or unaccompanied. In all cases a clear record of who is responsible for the child’s welfare in their home country and whilst in the UK is imperative.

For host families you need to establish the identity and address of the hosts and you must make sure that the care arrangements meet paragraph V 5.1. In routine cases this could mean seeing a letter from the host family.

See Recording requirements for UKVI: child visiting to stay with a host family for information you must record about care arrangements.

At the border

Where a child does not present any documentary evidence about the care arrangements, you must pursue enquiries as you see fit to satisfy yourself that the child is not at risk. See:

Child visit organised by a charity

See: paragraphs V 5.1 to V 5.2 and V 1.4 of Appendix V: Visitor.

Charities must complete the registration form for facilitating child visits to UK host families and provide the following information where they are involved in organising a child’s visit to the UK:

  • full details of the hosts allocated to accommodate the children whilst in the UK

  • full details of checks carried out on the hosts - these checks must be in line with the charity’s own child protection policy and any Charities Commission or Devolved Authority requirements, such as Disclosure and Barring Service (DBS) checks

  • they must state whether this is the first or a subsequent visit sponsored by the charity for the child

You must be satisfied that appropriate checks have already been carried out by the charity. At the time of application any DBS checks must be no more than 3 years old.

Charities should notify UKVI of any amendments to their registration details, which should be recorded accordingly. It is recommended that charities re-register and provide up-to-date details every 12 months.

Charities may only change the host families allocated to children, that have been stated on the visa application form, in exceptional circumstances. Full details of the new host family and the checks carried out on them must be presented (as set out above). Where Border Force officers have reason to believe that host families have changed, for example if an adult accompanying the child is not one recorded on their visa, they should check the record on the caseworking system or check with the visa application centre to confirm whether they have been notified of this change. If not, the officer must be satisfied that the relevant checks on the new host family have been made. If they have not, and the officer is not satisfied that adequate care arrangements are in place, the application should be refused.

Where children are not residing with host families (for example in cases where they may be residing in residential centres), charities must provide full details of the arrangements.

Where the stay will be for longer than 28 days, see: private foster care guidance.

See: Border Force children’s guidance.

Accompanied children (visa nationals)

See: paragraph V 1.4 of Appendix V: Visitor.

Issuing an accompanied visa to a child

If the child is travelling with one adult, you must include the adult’s passport number, initial and surname on the child’s vignette.

If the child intends to travel with two adults one after another during the validity of the visa (for example, the child may arrive with one parent and then travel for a day trip to France with the other), each of the adult’s passport numbers must be entered on the vignette. The passport numbers are sufficient as there is not enough space on the vignette to allow for the names of two people as well as the passport numbers.

The endorsement must read ‘only valid if acc. by [passport number of first adult], or [passport number of second adult].

See Visit endorsement guidance for the information you must include on the vignette.

Accompanied children at the border

If the child is not travelling with the adult identified on their visa, they may be refused. If you have concerns over the identity of the accompanying adult, you must:

  • check the passport number, initial and surname in the passport of the accompanying adult against the details recorded for the child’s visa on the caseworking system

  • advise the visa application centre that issued the visa so they may make a note against the record, in case subsequent applications are made by the same person

In cases where the accompanying adult has travelled with the child but remains airside and does not accompany the child into the UK, the terms of the visa will not be met. Further enquiries must be made of the child and of the accompanying adult, if the latter can be found. In such cases it may be appropriate to refuse the child entry.

If the accompanying adult has legitimately obtained a replacement passport since the issue of the child’s visa, the old, cancelled, passport is acceptable as evidence of identity to allow the child’s entry.

If the original passport has been retained by the issuing authority, the new passport is acceptable if it:

  • gives the original passport number in full

  • contains an official endorsement confirming it replaces the previous passport

Photocopies of the original passport are not, on their own, reliable evidence of identity.

Unaccompanied children

See: paragraph V 1.4 of Appendix V: Visitor.

You must pay particular attention to the circumstances of a child applying to come to the UK on their own.

A child with a visit visa that has been endorsed to say that they are unaccompanied may travel with or without an accompanying adult. For example, they may have obtained a multi-entry visa and be unable to advise in advance who they will travel with on subsequent trips to the UK.

Visit: Medical treatment for visitors

This section gives information on dealing with applications for medical treatment as a visitor.

See: paragraphs V 4.4 (c), V 7.1 to V 7.3 and V 8.1 to V 8.4 of Appendix V: Visitor, and paragraphs PA 16.1 and PA 16.2 of Appendix Visitor: Permitted Activities.

Visitors are not eligible for free of charge treatment on the National Health Service (NHS), unless an exemption from charge applies in law, and therefore may be billed for any NHS treatment received in the UK. Further details are in the Department of Health and Social Care guidance on overseas visitors.

Visitors can access treatment in the UK if it is paid private medical treatment.

Reciprocal healthcare agreement

The UK has reciprocal healthcare agreements (RHCAs) with a number of countries. RHCAs generally provide equivalent access to immediately necessary healthcare for the citizens of the contracting countries, where they are present in the other’s country for a limited period. Treatment is provided on the same terms as for a local resident (free of charge in the UK). The majority of these RHCAs apply only to short- term visitors. RHCAs cater for treatment that arises during a migrant’s stay.

The requirement that a migrant should not come to the UK specifically for the purpose of receiving medical treatment does not apply to those coming to the UK to receive planned medical treatment under the RHCAs with Ireland and the EU (Article SSC.18 of the Trade and Cooperation Agreement). Free NHS treatment received under these agreements is reimbursed by the health authorities in Ireland or the relevant EU Member State and will be considered as Private Medical Treatment for the purposes of the Visitor rules.

People who are coming to receive planned treatment under an RHCA must have an authorisation form from their government setting out the condition which is to be treated and the planned duration of that treatment.

Assessing a visit for private medical treatment

See: paragraphs V 7.1 to V 7.3 of Appendix V: Visitor.

A visitor wishing to come to the UK for private medical treatment may not be able to present specific documentary evidence for the proposed treatment. But they must provide a letter from their doctor or consultant in the UK detailing:

  • their medical condition requiring consultation or treatment

  • costs likely to be incurred

  • the likely duration of any treatment (which must be finite)

  • where the consultation or treatment will take place

A visitor coming to the UK for private medical treatment will also need to be able to show they have sufficient funds to cover all reasonable costs in relation to their visit and treatment.

If you need to make checks on the evidence, you can search the General Medical Council (GMC) list of registered medical practitioners. Or you can contact them using their telephone enquiry service on 0161 923 6602.

If you cannot find the consultant listed in the register, you must make enquiries with the hospital where the consultation or treatment is due to take place to confirm whether the consultant carries out work there.

You must contact the consultant or hospital in the UK if you have doubts about the costs or arrangements for private treatment given to you by the applicant.

There is nothing to prevent a visitor from undertaking private medical treatment once they are in the UK, however if this is their main reason for visiting, they will need to provide this information when they are seeking entry or applying for a visa.

If you receive an application from an individual wanting to take part in a clinical trial in the UK, you should contact Visitor Route Policy for further advice.

See: Medical treatment for visitors – prohibited medical treatment.

Length of treatment

See: paragraphs V 7.2 and V 7.3 of Appendix V: Visitor.

A long period of treatment, for example 11 months, may be acceptable provided there is a clear need for the patient to be in the UK to receive treatment and they have enough funds to meet all costs. You must assess how long treatment is likely to take. For example, fertility treatment could go on for some years. As long as you obtain the applicant’s consent, you will be able to get good estimates by contacting the consultant who is due to treat them. Where the treatment is open ended, the application will fall to be refused.

You must make sure that individuals applying for an 11-month visa for private medical treatment have provided medical evidence to support their stay in the UK for this amount of time. The majority of visitors seeking private medical treatment would be expected to stay for 6 months or less.

Extension of stay for medical treatment: showing funds

Where a visitor is applying for permission to stay for private medical treatment, if the applicant is reliant on funds from abroad (their own or a third party’s), you must ask for proof that the funds are transferable, as certain countries operate strict exchange controls. If there is evidence the person is relying on a third party for funding, you

must get fresh confirmation of the third-party sponsor’s willingness and ability to meet the cost.

See guidance on Maintenance and accommodation provided by a third party.

Referral to a medical officer: when you must do this

See: paragraphs V 7.1 of Appendix V: Visitor.

If an applicant has a communicable disease, you must refer them to a medical officer where available.

Applications at the border for private medical treatment

See: paragraphs V 7.1 to V 7.3 of Appendix V: Visitor.

If a person says they are receiving, or intend to receive, health or medical treatment in the UK, you must refer them to the port medical inspector. Admission can be refused on the advice of the port medical inspector.

Applicants will need to satisfy you that they meet the suitability and eligibility requirements, including having sufficient funds available and that they meet the additional requirements for private medical treatment.

If an applicant is successful they may be granted permission to enter as a visitor for no more than 6 months, subject to a condition prohibiting access to public funds, study, and work.

People escorting private medical treatment visitors

There is no permitted activity for a family member, friend or nurse of the visitor coming to the UK for private medical treatment to accompany the visitor. People who wish to do so, must apply as a visitor and meet the Visitor rules. There is also no provision in the Visitor rules for those accompanying the visitors who are accessing treatment to apply to extend their stay longer than six months in the UK.

If the person escorting the visitor receiving private medical treatment wants to stay in the UK for more than 6 months, you should consider whether there are any compelling, compassionate, or exceptional circumstance that would warrant a grant of leave outside of the rules and refer the case to the Referred Casework Unit (RCU).

Organ donors

See: paragraphs V 8.1 to V 8.4 of Appendix V: Visitor.

Organ donors must provide the specified evidence in the Visitor rules to prove they are a donor match or have been identified as a potential donor to an identified recipient in the UK.

You must be satisfied the organ donor has a genetic or close personal relationship with the intended recipient in the UK.

Genetic relationships would be where the donor is a blood relative to the identified recipient in the UK. Close personal relationships would typically include the visitor’s spouse, partner, or close friends. It would not extend to relations established via social media campaigns.

You must also be satisfied that the identified recipient is legally in the UK and entitled to receive treatment either on the NHS or in a private hospital.

It is an offence for money to be given for organ donation. Where you suspect payment is being made in return for organ donation, you must refer the case to Immigration Enforcement International.

Individuals donating to patients receiving NHS treatment can be reimbursed for expenses incurred which are directly attributable to being a donor. These can include travel costs and loss of earnings and are usually paid by the NHS after the treatment. You should look for information as to who is funding the visitor’s stay in the UK.

Organ donors should not be accompanied by their children unless there is no immediate care arrangement for them in their country of residence and satisfactory arrangements have been made for them in the UK. In assessing any arrangements for the UK, you should ensure that this accounts for any period the donor will be either in hospital or unable to care for the child or children whilst recuperating.

Secondary applications from organ donors

Where a visitor enters as an NHS donor and is assessed to be an unsuitable match or chooses not to donate, either because they are incompatible with their intended recipient, or prefer a better match, they may choose to pursue a paired or pooled donation. This allows them to be matched with another donor and recipient in the same situation in the National Living Donor Sharing Schemes. The donor organs are then swapped. When 2 pairs are involved, it is a paired donation, and where there are more than 2, it is a pooled donation.

Where an individual applies for a visit visa on this basis, their application must be referred to RCU for consideration outside the rules. Individuals applying on this basis must provide the relevant medical letter, detailing the arrangements involved and specifying whether this is a pooled or paired donation. The application must be assessed against the general visitor requirements and the additional organ donor requirements, except for the requirement to have genetic or a pre-existing emotional relationship with the direct recipient (although they should still have a connection with someone in the group who is receiving an organ transplant).

Confirming the details of a doctor in the UK

See: paragraph V 7.1 to V 7.3 of Appendix V: Visitor.

To check if a doctor is registered with the General Medical Council (GMC) a search can be made on the list of registered medical practitioners. This will also show if the doctor is on the Specialist Register (but not which hospital they work at). Where there is doubt, contact the hospital directly to confirm the doctor is a consultant there.

Requesting a report from a doctor (not the medical inspector)

See: paragraphs V 7.1 to V 7.3 of Appendix V: Visitor.

Any doctor or medical adviser, including the patient’s own general practitioner, is likely to charge a fee. For this reason, a decision to request a report as part of the consideration of an application must be approved by a manager at least one grade higher than you.

Surrogacy

There is no provision in the rules for a woman to be allowed into the UK for the purpose of being a surrogate mother. Admission for private medical treatment is not appropriate since the applicant would not be suffering from any medical condition.

Any application from a woman to enter the UK to act as a surrogate should normally be refused on the grounds that there is no provision in the rules. Where there are exceptional circumstances, you should refer the case to Referred Casework Unit (RCU).

See: medical issues guidance.

  • Transfer or refer a case

Visit: Approved Destination Status (ADS) Agreement

This section gives information on considering applications under the ADS agreement with China.

ADS visit visas

See: paragraph V 6.1 of Appendix V: Visitor.

The ADS agreement is an agreement between the UK and China allowing Chinese nationals to enter the UK with an approved tour group.

You must use VISIT - ADS Code 3 for a maximum period of 30 days and marked ‘single’ or ‘dual’ to indicate the number of entries to the UK for which it is valid.

In most cases the visa for ADS tourists will be valid for one entry to the UK during the period for which the visa is valid. However, in cases where the tour group’s itinerary involves onward travel to Europe and then the group plans to re-enter the UK, dual entry visas should be issued.

Visit: marriage and civil partnership

This section gives information on considering applications to visit the UK to marry or enter into a civil partnership.

Visa requirement

All visitors, who are not relevant nationals, who intend to enter the UK to marry or enter into a civil partnership or give notice of an intention to marry or form a civil partnership, must have a valid Marriage/Civil Partnership visit visa.

You must include the name of the fiancé, fiancée or civil partner on the vignette. A relevant national is defined in section 62 of the Immigration Act 2014 as:

  • a British citizen

  • an Irish citizen

  • a person with settled status or pre-settled status granted under the EU Settlement Scheme (EUSS)

  • a person with a decision pending on an application for EUSS leave submitted before 1 July 2021

Non-visa nationals who have not applied for a Marriage/Civil Partnership visit visa to come to the UK to marry or enter into a civil partnership

See: paragraph V 1.1(b) and V 1.3(a) of Appendix V: Visitor.

Non-visa nationals who are seeking entry to visit the UK to marry or enter into a civil partnership, or to give notice of an intention to marry or form a civil partnership, who do not hold a Marriage/Civil Partnership visit visa must be refused entry.

Non-visa nationals who are seeking entry to visit the UK to enter into a marriage that is not recognised under UK law are not required to hold a Marriage/Civil Partnership visit visa. They can seek entry as a Standard visitor. Visa nationals may apply for a Standard visit visa for this purpose.

Changing an existing civil partnership to a marriage

Non-visa nationals who are seeking entry to visit the UK to convert an existing civil partnership to a marriage are not required to hold a Marriage/Civil Partnership visit visa. They can seek entry as a Standard visitor. Visa nationals may apply for a Standard visit visa for this purpose. A civil partnership can only be converted to a marriage if it took place under the laws of England and Wales or Scotland.

A visa national will need to present their original civil partnership certificate as evidence that they are in a valid civil partnership. For non-visa nationals arriving at the border, you will need to see the original civil partnership certificate for the person seeking entry to the UK. If you are satisfied that the purpose of the visit is to change a civil partnership to a marriage a visa or permission to enter as a Standard visitor can be granted.

For guidance on how to convert a civil partnership to a marriage see guidance on Convert a civil partnership to a marriage.

Holders of existing visit visas who want to enter the UK to marry or enter into a civil partnership

See: paragraph V 1.1 (b) of Appendix V: Visitor.

Visitors who already have a visit visa to enter the UK and who are now seeking entry to marry or enter into a civil partnership (other than when changing an existing civil partnership to a marriage) must hold a Marriage/Civil Partnership visit visa specifically for this purpose.

Giving notice of intention to marry or enter into a civil partnership

See: paragraphs V 12.1 and V 12.2 of Appendix V: Visitor.

Visitors intending to marry or form a civil partnership in the UK must give notice at a register office before the marriage or civil partnership can take place. In England and Wales notice must be given in person. In Scotland and Northern Ireland notice can be given by post.

For guidance on what someone giving notice of marriage is required to do (including what documents they are required to have with them) see guidance on Marriages and civil partnerships in the UK.

Assessing a visit where the intention is to give notice or to marry or enter into a civil partnership

An individual who is coming to the UK to give notice at a register office will need to show that they have made arrangements to do so, for example by providing confirmation (appointment card or email) of a provisional advance booking to give notice.

An individual who is coming to the UK to marry or form a civil partnership will need to provide evidence they have made arrangements for their marriage or civil partnership to take place in the UK. Examples of evidence include confirmation of the church or register office booking, such as email confirmation or a receipt for payment of the marriage/ civil partnership venue.

Assessing whether the marriage or civil partnership is a sham

See: paragraph V 12.2 of Appendix V: Visitor and paragraph 9.6.1 of Part 9: grounds for refusal.

An individual seeking entry to the UK must not intend to give notice of, or enter into, a sham marriage or sham civil partnership.

For visa applications, you should consider the evidence submitted, including the arrangements for the marriage or civil partnership, the couple’s relationship, future plans, and living arrangements. You must be satisfied from the evidence provided that the applicant is in a genuine relationship.

If you are satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership, you should refuse the application under Paragraph 9.6.1 of Part 9 of the Immigration Rules.

Your decision must state the reasons why their application was refused on sham marriage grounds, using the standardised wording as detailed in the Sham marriage guidance.

Visit: referrals to other caseworking teams

This section gives information on when to refer visit visa applications to other teams. You must follow the transfer or refer a case guidance.

Where the applicant does not meet the Visitor rules, but there are compassionate and compelling circumstances you must refer to guidance on leave outside the rules (LOTR).

The referrals to the Referred Casework Unit (RCU) should be made on the referral form and should clearly state the justification for grating LOTR and include comprehensive information, documentary evidence and, if relevant, a full medical report. Authority must be obtained and included from an entry clearance manager (ECM) on the referral form.

  • Transfer or refer a case
  • Leave outside the rules

Visit: recording requirements and other procedures for visitor cases

This section gives information on the recording requirements for visitor decisions and other procedures.

UKVI: granting a single entry or short duration visa

Where you issue a single entry visit visa (except ADS), or a visa with less than 6 months validity, it must be referred to an entry clearance manager (ECM) for approval. You should make clear in the case notes that you have been granted ECM approval.

Where an applicant has requested permission for 6 months, but has been issued permission for a shorter period, the entry clearance officer (ECO) must issue a letter clearly explaining the reasons for this. In such cases, no refund (full or partial) is available.

UKVI and Border Force: credibility and intentions – borderline decisions

Where you have residual doubts about whether a person applying is a genuine visitor, you must record full details of the applicant’s stated intentions, especially those given verbally, either on the caseworking system or in a written account of the interview.

UKVI: MP letter in support of an application

If an MP writes directly to the visa application centre in support of an application, you should send an acknowledgement stating that when the application is assessed, the MP’s letter will be taken into account together with all other available evidence.

UKVI: employers using visitors to undertake work or fill a role

Where you have concerns that specific companies in the UK are sending visitors to their offices to undertake work or fill a role, and circumventing the work routes, you must record this in the notes section on the caseworking system and refer it to the Sponsor Management team.

UKVI: child not travelling or residing with their parent or guardian

You must enter the following details on the caseworking system to record this (if the information does not auto-populate from the application form onto the caseworking system):

  • name, address and telephone number of the parent or carer in the child’s home country

  • the name, address and telephone number of the host in the UK

  • the name, address and telephone number of any person accompanying the child

UKVI: parental consent and responsibility for care in home country

You must record the following details about accompanying adults:

  • names and passport number - this is necessary for the child’s visa

  • address in the home country

  • any address in the UK or abroad

  • employment details

  • their relationship to the child, their parent or guardian and their host in the UK

UKVI: child visiting to stay with a host family

The details on the caseworking system must be updated to show that satisfactory care arrangements are met and to include the name, address and telephone number of the intended family or carer, as well as the parents contact details.

Failure to make sure this information is readily available may result in a lengthy delay for the child at the border.

UKVI: requesting a report from a doctor (not the medical inspector)

If you require a doctor’s report, you must:

  • make a note in the file explaining why the medical report is necessary and refer the proposal to a senior caseworker or an entry clearance manager for approval before any further action is taken

  • send or hand to the person (or in the case of a child, the guardian), form ICD 0867 seeking their consent for a medical report to be prepared by their doctor

  • on receipt of the patient’s consent, write to the doctor asking for a full report and enclose ICD 0868

Forms ICD 0867 and ICD 0868 can be found on the caseworking system.

UKVI: extension of stay where a person is receiving NHS medical treatment

If a person is refused (except for where the applicant is an NHS debtor), the refusal notice must be accompanied by a letter making it clear to the applicant they can make a fresh application if they are prepared to have the treatment privately.