Guidance

Visitors, general: VAT01

Published 29 November 2013

This guidance was withdrawn on

This entry clearance guidance is no longer current.

© Crown copyright 2013

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This publication is available at https://www.gov.uk/government/publications/visitors-general-vat01/visitors-general-vat01

1. VAT1.1 Who needs a visit visa?

Only visa nationals need an entry clearance to enter the UK as a visitor. Other nationals may wish to apply for a visa where they are in doubt about their admissibility, for example, they may have been refused a visa / entry in the past, and should not be discouraged from applying. All applicants will have to provide biometric information.

Exceptions: entry clearance is, however, mandatory for all non EEA and Swiss nationals exercising their right of access to a child resident in the UK, or those coming to the UK to get married / enter a civil partnership (but not live in the UK).

2. VAT1.2 Categories of visitor

The main categories of visitors are:

Visitors paragraphs 40-41 of the Immigration Rules.

Business visitor - Paragraph 46G - 46L

Defined as a person whose business is based abroad and who is granted leave for a short-term visit to undertake certain ‘permissible’ activities.

Sports visitor - Paragraphs 46M - 46R

Defined as a person granted leave for a short time (for a period up to 6 months) to take part in certain events.

Entertainer visitor - Paragraphs 46S - 46X

Defined as a person granted leave for a short time (for a period up to 6 months) to take part in certain major arts festivals, music competitions and charity events.

2.1 Special visitor

Defined as a person granted leave for a short-term visit (for a period up to 6 months) in specific circumstances and includes:

2.2 Miscellaneous

3. VAT1.3 Visa validity - When to issue a single-entry visit visa

The ECO should only issue single-entry visit visas in certain cases, such as children visitors sponsored by charities or in exceptional borderline cases where the applicant has not quite established on the balance of probabilities an intention to leave, but there is nonetheless a clearly established, verifiable and compelling reason to visit the UK. ECOs must obtain the authority of the ECM before issuing a single-entry visit visa. The ECO should not issue an entry clearance if the applicant clearly fails to meet the Immigration Rules on the balance of probabilities.

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

  • Key witness 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 bona fide event as an invitee, i.e 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;
  • Children visitors sponsored by charities.

The ECO should not routinely issue single-entry visit visas to first time family or other visitors.

The ECO may also limit the leave granted in these types of cases by restricting the validity of the visa to less than six months. But the ECO needs to obtain the authority of the ECM and a brief note must be kept in the notes field of Proviso to explain the course of action and the name of the authorising ECM.

4. VAT1.4 Visa validity - What period for a multiple entry visit visa?

There is no requirement for a person to have held a short term visit visa before being issued with a visit visa which has a longer validity. For example, an applicant does not need to have been issued with a standard six months visit visa before being issued with a five year visit visa. Unless there are grounds for not issuing a long term visit visa, the ECO should issue the visa applied for.

Applications for long term visit visas will be considered in the light of:

  • Credible ongoing reason to visit. A successful applicant must demonstrate a frequent and sustained need to come to the UK, such as family links or an established business connection.
  • Stability of personal circumstances. As far as possible applicants ‘status should be unlikely to change significantly during the validity of the visa. The better able the applicant is to demonstrate stability over the long term the more it will support an application for a longer period of validity.
  • Successful applicants will also need to demonstrate that they are able to support themselves in the UK without recourse to public funds, and demonstrate that they would intend to leave the UK at the end of each visit.
  • Previous travel history as evidenced in a current valid passport, which might include travel to Australia, Canada, Ireland, New Zealand, Schengen countries, Switzerland, or the USA in the same category as the application to the UK, for example, as a visitor. Holding a valid visa for any of the aforementioned countries, evidence they complied with conditions of entry, that applications for these countries were not refused nor were they removed from a country on their last trip, would all help to support the application.

Care should be taken when considering long term visa applications from child visitors. They should only be granted a visa which is valid to six months past their 18th birthday. For instance, a 14 year old applying for a five or ten year long term visit visa, the visa expiry date should be limited to the date that is six months after the applicant’s 18th birthday.

In all instances, if an ECO decides that a shorter validity of visit visa is more appropriate than the one applied for, the ECM should approve it and notes should be added to Proviso. In such cases, no refund (full or partial) is available. The ECO should ensure that clear explanatory information for the decision is provided in a covering letter when the passport is returned.

5. VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.

Occasionally, a business visitor may be required to stay for a period of weeks or even months (for example, where machinery is being installed or faults being diagnosed and corrected). However, the ECO should be satisfied that their presence in the UK on business does not amount to de facto residency and does not mean that he / she is basing himself / herself in the UK and holding down a specific post which constitutes employment and would therefore require the individual to seek entry under the points-based system.

6. VAT1.6 Sponsors

From April 2013, sponsors must be legally in the UK at the time of the applicant(s) visit. In addition, if the ECO has doubts about the intention and ability of the sponsor to maintain and accommodate the applicant(s), the ECO can refuse the application.

7. VAT1.7 What is the visa endorsements for visits?

Whether a visa is valid for multiple, single or dual entry will be indicated by the endorsement of either ‘MULT’ or ‘1’ or ‘2’ after ‘Number of Entries’ on the vignette.

Guidance on endorsements can be found under the relevant section.

8. VAT1.8 What right of appeal do general visitors have?

Limited rights only; but see VAT2.2 and VAT2.4 for those who are coming to visit qualifying family members as listed under the Immigration Appeals (Family Visitor) Regulations 2012. (Applications made before 9 July 2012 which are subsequently refused should be given a ROA in accordance with the regulations in force at the time their application was made; the Immigration Appeals (Family Visitor) Regulations 2003).

9. VAT1.9 Family group applications

See VAT 2.5

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