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Visitors Guidance

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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vinny
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Visitors Guidance

Post by vinny » Fri Feb 04, 2011 12:05 am

What do immigration officers look for when assessing visit visa applications?

ECB10: Making a decision on an application.

Visiting the UK > Part 2 transitional provisions -
Appendix V: Visitor rules,
Appendix Visitor: Permitted Activities
Appendix Visitor: Visa national list
Appendix Visitor: Permit Free Festival List
Appendix Visitor: Transit Without Visa Scheme

Visiting (modernised guidance)
See also NHS. Travel insurance recommended.


General visitors - Guidance Credibility and intentions Page 12-14 (Date of change 17th Feb 2015) * withdrawn on 24 April 2015. Use new Guidance.

Adequate Maintenance and accommodation

Similar to visitors to the USA, visitors to the UK should also show strong ties (214(b)) to their home country or country of residence.

Visitors applying for ILR or another category may be refused under 322(7) because of V 4.2 (a) & (c) (previously 41(i) & (ii)), unless there was a change of circumstances.
Manchester Legal Services wrote:As I have stated visitors have to prove that circumstances have changed since their arrival in the UK as one condition for a visitor visa is that they leave the UK after their visit. The rules for elderly dependents do not explicitly prohibit in country applications and through experience I have seen them successful. But I clearly state, before I get jumped on, that the evidence for not being able to leave the UK has to be strong and circumstances must have changed since the person has been in the UK.
Entry clearance decision making: a global review

FAMILY VISITOR APPEAL REMOVED

What’s going on with UK visit visas?
Visit visa refusals: appeal or judicial review?

UK Visa Refusal Appeal or Reapply | Reapplying after Rejection

Inspection of family visit visa system: serious problems remain > The Chief Inspector examined the impact of the removal of full appeal rights on Family Visitor applicants > Report. Complaints to Independent Chief Inspector?

Be careful if stayed longer than previously requested.

Overstay data.

Carers. Childcare.

Bezness

Some interesting case laws:

We have an absurd situation:
12. wrote:...it is simply not open to a Judge to allow an appeal on the grounds that the Judge is satisfied that the requirements of the Immigration Rules are met.
Court of Appeal stomps on human rights appeals for visitors (reprint) > Abbas, Kopoi, & Onuorah. (In some unrepresented cases, e.g. Paragraph 14, court appoints amicus curiae, didn't happen in Abbas)
Article 8 and Entry Clearance: The Final Nail in the Coffin > Secretary of State for the Home Department v Onuorah [2017] EWCA Civ 1757 (03 November 2017)
Article 8 and Entry Clearance: Court of Appeal Confirms the Approach in Mostafa > Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017)
Visitor deceived authorities by failing to disclose relationship on entry > Ait-Rabah, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1099 (Admin) (12 May 2016) (standard visit marriage deception illegal entry)
Family visit appeal fails on human rights grounds > Adjei (visit visas – Article 8) (Rev 1) [2015] UKUT 261 (IAC) (6 May 2015)
Visitor appeal succeeds on human rights grounds > Mostafa (Article 8 in entry clearance) [2015] UKUT 00112 (IAC) (6 March 2015)
Lord Carlile of Berriew QC, & Ors, R (on the application of) v Secretary of State for the Home Department [2014] UKSC 60 (12 November 2014)
Family visitor receives £125,000 damages for mistreatment by immigration officials > Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) (30 July 2014) (unlawful actions and damages) *** UPDATE *** Home Office wins appeal against award of £125,000 damages > Patel, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 645 (24 June 2015)
Genuine visitor: relevant and irrelevant considerations > Sawmynaden (Family visitors - considerations) Mauritius [2012] UKUT 161 (IAC) (16 April 2012)
Oppong (visitor:length of stay) Ghana [2011] UKUT 431 (IAC) (11 November 2011), concerning Frequency and duration of visits & Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work.
Secretary of State for the Home Department v Boahen [2010] EWCA Civ 585 (28 May 2010).
Boahen, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1407 (Admin) (05 June 2009)
SB (family visit appeal: brother-in-law?) Pakistan [2008] UKAIT 00053
BA (321A Immigration Rules mandatory) Nigeria [2006] UKAIT 00080 (07 November 2006)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 30373
Joined: Tue Sep 25, 2007 7:58 pm

Re: Visitors Guidance

Post by vinny » Sun Jan 08, 2017 12:06 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 30373
Joined: Tue Sep 25, 2007 7:58 pm

Re: Visitors Guidance

Post by vinny » Tue Mar 07, 2017 9:30 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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