UK VISIT VISA APPLICATION

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The applicants who wish to visit the UK for holidays, tourism, or to visit family and friends must make UK visit visa application to their nearest British Embassy.

UK FAMILY VISIT VISA APPLICATION

The applicants who wish to visit the UK for holidays, tourism, or to visit family and friends must make family visit visa application to the British Embassy. Generally, the do’s and don’ts for the applicants are that they must:

  • be genuinely seeking entry as a family visitor for a period not exceeding six months,
  • maintain and accommodate themselves without recourse to public funds,
  • meet the cost of the return or onward journey, and
  • leave the UK at the end of the period of their visit
  • not take employment in the UK
  • not produce goods or provide services within the UK
  • not intend to undertake a course of study
  • not be a child under the age of 18
  • not intend to marry or give notice of the same
  • not intend to receive private medical treatment

Most family visitor visas are refused for the reasons that the visa officer is satisfied that the applicant meets requirements of the UK visit visa Immigration Rules.

Family visit visas can only be extended beyond 6 months, whilst in the UK, in the following extra ordinary circumstances however a proper leave to remain application must be made to the Home Office before expiry of 6 months or expiry of visa, whichever is shorter:

  • compassionate grounds,
  • the visitor is in a category that allow a total stay of up to 12 months
  • the applicant is unable to fly or obtain a flight, etc.

No Right of Appeal against refusal of family visit visa

There is no right of appeal or Administrative Review against the refusal of a UK Visitor Visa. However the Family visit visa refusal can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against refusal of Family Visit Visa Application

An application for permission to apply for Judicial Review must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the application. A pre-action protocol is served on the UK Home Office before initiating a Judicial Review application against refusal of family visit visa application.

UK BUSINESS VISITOR VISA APPLICATION

Those visitors who intend to visit the UK for a short term to carry out their business activities under the following categories may apply for a UK business visit visa application before they arrive in the UK. It will be important that these UK visitors leave the UK before expiry of their visa;

  • Academic visitors
  • Visiting professors
  • Teachers accompanying students
  • Film crew
  • Religious workers
  • Representatives of overseas news media
  • Advisers, Consultants and Trainers
  • Those undertaking one-off training

It is important to note that a UK business visitor under the UK visit visa Immigration Rules should not receive their remuneration from a UK source unless the business visitor works for a multinational company handles payment of salaries from the UK. However reasonable expenses to cover the cost of travel etc. can be made.

No Right of Appeal against refusal of the UK Business Visit Visa

There is no right of appeal against the refusal of an application of a UK business visitor visa. However the UK Business Visit Visa refusal decision can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against Refusal of Business Visitor Visa Application

An application for permission to apply for Judicial Review against refusal of the UK Business Visit Visa application must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the business visa application. A pre-action protocol is served on the Home Office before initiating a Judicial Review against the refusal of UK business visitor visa application. Please take a look at the Judicial Review section of this website for further information.

UK TOURIST VISA APPLICATION

The applicants who wish to visit the UK for holidays or tourism must make their UK tourist visa application / UK General visit visa application. Generally, the do’s and don’ts for the UK Tourist visa applicants are that they must:

  • be genuinely seeking entry as a Tourist for a period not exceeding six months,
  • maintain and accommodate themselves without recourse to public funds,
  • meet the cost of the return or onward journey, and
  • leave the UK at the end of the period of their visit
  • not take employment in the UK
  • not produce goods or provide services within the UK
  • not intend to undertake a course of study
  • not be a child under the age of 18
  • not intend to marry or give notice of the same
  • not intend to receive private medical treatment

Most UK Tourist visit visas are refused under this category for the reasons that the visa officer (ECO) is satisfied that the applicant’s intentions to return to country of origin is not clear.

In the following extra ordinary circumstances, the UK General visit visa applicant can extend their stay beyond six months, however a proper leave to remain application must be made to the Home Office before expiry of current visa:

  • compassionate grounds,
  • the visitor is in a category that allow a total stay of up to 12 months
  • the applicant is unable to fly or obtain a flight, etc.

No Right of Appeal

There is no right of appeal against the refusal of an application of a UK Tourist visitor visa. However the UK Tourist Visit Visa refusal decision can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against Refusal of Business Visitor Visa Application

An application for permission to apply for Judicial Review against refusal of the UK Tourist Visit Visa application must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the tourist visa application. A pre-action protocol is served on the Home Office before initiating a Judicial Review against the refusal of UK tourist visitor visa application. Please take a look at the Judicial Review section of this website for further information.

UK PERMITTED PAID ENGAGEMENTS VISIT VISA

The applicants may be able to get a UK Permitted Paid Engagement visit visa if they have been invited to the UK as an expert in their profession. Applicants can apply for a Permitted Paid Engagement visit visa if they:

  • Are invited by a UK-based organisation or client
  • Are coming to the UK to do specific paid work without having to be sponsored under the points-based visa system
  • meet the other eligibility requirements

The applicants can be invited by a UK-based organisation or client to undertake the following activities:

  • be a student examiner or assessor
  • take part in selection panels as a highly qualified academic if you’re invited by an education, arts or research organisation
  • give lectures at a higher education institution, as long as it’s not a part-time or full-time role
  • examine UK-based pilots so they meet the standards of the country you come from if you’re invited by an approved UK training organisation regulated by the UK Civil Aviation Authority
  • provide advocacy in a particular area of law
  • take part in arts, entertainment or sporting activities including broadcasting
  • take part in fashion modelling assignments
  • minor activities related to your work or business overseas, e.g. attend meetings.

However the applicants cannot undertake following activities under this category:

  • do specific paid work unrelated to their main job or area of expertise at home or sell merchandise, other than what’s allowed by their visa
  • extend this visa or switch to another visa
  • live in the UK for extended periods
  • get public funds
  • study for more than 30 days – studying can’t be the main reason for your visit
  • marry or give notice of marriage
  • family members must apply separately

If the applicants wish to do work that is not permitted under this category they may be able to come to the UK under the points-based system.

The Applicants must provide a formal invitation to undertake the pre-arranged engagement and show that the engagement relates to them.

 

No Right of Appeal

There is no right of appeal against the refusal of an application for a UK Permitted paid engagement visit visa. However the UK Permitted paid engagement visit Visa refusal decision can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against Refusal of UK Permitted paid engagement visit Visa Application

An application for permission to apply for Judicial Review against refusal of the UK Permitted paid engagement visit Visa application must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the UK Permitted paid engagement visit visa application. A pre-action protocol is served on the Home Office before initiating a Judicial Review against the refusal of UK Permitted paid engagement visit visa application. Please take a look at the Judicial Review section of this website for further information.

UK VISIT VISA FOR PRIVATE MEDICAL TREATMENT

Should the applicants wish to visit the UK for private medical treatment, they can apply for a UK standard visit visa. However, applicants shall not be able to receive free medical treatment from the NHS (in most cases) i.e. National Health Service, which is available to the UK residents only.

The applicants for UK Visitor visa for private medical treatment must satisfy to the Entry Clearance Officer (ECO) that;

  • They are genuinely seeking entry to receive private medical treatment for which they require treatment
  • They shall leave the UK at the end of the likely duration of their treatment
  • They are able to maintain, accommodate themselves and able to meet the costs of treatment without recourse to public funds.

In addition to some other requirements, private medical treatment applicants must be able to show that they you do not intend to take paid or unpaid employment, or provide services directly to members of the public or take course of study themselves do any of the activities of a business, sports or entertainer visitor.

In certain circumstances the applicants may be able to extend their stay as a visitor of private medical treatment or switch to another category, subject to Immigration Rules.

No Right of Appeal

There is no right of appeal against the refusal of an application for a private medical treatment visit visa. However the UK private medical treatment visit Visa refusal decision can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against Refusal of UK Private Medical Treatment visit Visa Application

An application for permission to apply for Judicial Review against refusal of the UK private medical treatment visit Visa application must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the UK private medical treatment visit visa application. A pre-action protocol is served on the Home Office before initiating a Judicial Review against the refusal of the UK Visitor Visa application for private medical treatment. Please take a look at the Judicial Review section of this website for further information.

UK VISIT VISA FOR PARENT OF CHILD AT SCHOOL

Parents of the children under 12 years old who are receiving their school education from an independent fee-paying day school in the UK under Tier 4 (Child) of the points-based system can apply under this category.

In addition to some other requirements, the parents must be able to show that they do not intend to take paid or unpaid employment or provide services directly to members of the public or take course of study themselves.

Once the visit visa application for parents of child at school in the UK has been approved, the parent/s will initially be allowed to stay in the UK for a maximum of 12 months.

No Right of Appeal against refusal of Visit Visa to Parent of a Child in the UK

There is no right of appeal against the refusal of visit visa application for parent of a child in the UK. However the UK visit Visa for parents refusal decision can still be challenged by way of a Judicial Review in the Upper Tribunal of the Asylum and Immigration Chamber.

Judicial Review against Refusal of UK Visit Visa for Parent of a Child

An application for permission to apply for Judicial Review against refusal of the UK visit Visa application for parent of a child in the UK must be lodged in in the Upper Tribunal of the Asylum and Immigration Chamber within 3 months of the date of the refusal of the parents visit visa application. A pre-action protocol is served on the Home Office before initiating a Judicial Review against the refusal of the UK Visitor Visa application to visit their child. Please take a look at the Judicial Review section of this website for further information.

EXTENSION OF VISIT VISA

Sometimes due to some emergency or urgent situation or any other compelling reasons visitors may need to stay in the UK longer that they initially planned. Compelling reasons may include but not limited to the following factors:

  • Health issues of the visitor
  • Any accident or emergency situation

Generally, it is not advisable to seek further leave to remain in the UK when the visitor was issued with entry clearance as a visitor on the basis of his declaration that he will return to his home country within a specific period of time. But at times thing do not go as planned and due to some unforeseen urgent situations, an application may be made to the Home office to seek further leave to remain.

Making Further Leave to Remain Application

You will need to gather all the relevant documents and the information that has led you to decide to remain in the UK longer than you originally planned. We will assess the probabilities of success of such applications on the basis of those documents and advise you accordingly. You will have to pay the home office fee and the immigration health surcharge.

Probabilities of Success

It all depends on the reasons of your application, the documents and information that you provide and on any representations made in support of this application. The Home office shall consider all those factors in order to reach on a decision. If the situation is really compelling the home office may consider granting further leave to remain for some time.

Effect on Further Entry Clearance Applications

It does not matter whether your application to extend your stay in the UK is approved or refused, any further entry clearance applications that you may wish to make later would be scrutinized more cautiously by the visa officer (the ECO) to assess whether you are a genuine applicant and would return to your home country as you intend.

REFUSAL OF UK VISIT VISA APPLICATIONS (UK ENTRY CLEARANCE APPLICATION)

In the unfortunate event of the refusal of the UK visit visa application (entry clearance application), the applicant is issued with a notice of refusal giving reasons of the refusal of the visa application. The notice of refusal further mentions one of the following:

  1. Right of Administrative Review
  2. Right of Appeal
  3. No right of appeal

Notice of Refusal of Entry Clearance

It is in fact the responsibility of the applicant to provide all the supporting documentary evidences to establish that he fulfills the relevant criteria of the immigration rules. The visa officer (ECO) is duty bound to consider all the information and documents provided with the application and give reasons of not refusing the visa application. It may often appear from the wordings of the notice of refusal that the ECO has not taken into account some of the documents or the information provided with the application.

No Right of Appeal against visit visa application – Judicial Review

In visit visa applications there is no right of appeal and the only remedy is to lodge Judicial review proceedings in the Upper Tribunal of the Immigration and Asylum Chamber against the refusal of visit via applications.

The Applicant can challenge the original and any subsequent decisions (if applicable) within 3 months from the date of the refusal.

The Judicial Review process is triggered with a Pre-Action Protocol letter that the applicant needs to be served onto the Home Office giving them an opportunity to reconsider the original refusal decision and grant visa (entry clearance). If the Home Office decides to maintain the decision then a permission application needs to be made to the Upper Tribunal. Please read more details about the procedure in Judicial Review section.

JUDICIAL REVIEW APPLICATION ON REFUSAL OF VISIT VISA APPLICATION VISA APPLICATION

A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of Visit Visa application.

Pre-Action Protocol

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading the litigation team of the home office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and were given relied just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review

If the Home office Litigation Team refuses to overturn the decision we shall then lodge JR review permission application in the Upper Tribunal against the refusal of UK visit visa application.

Grounds of Judicial Review

One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal. The main point here is to identify an error of law in the notice of refusal of Visit Visa application. It needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defence. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.

The Upper Tribunal may take one of the following actions:

  • Grant permission for Judicial Review on all grounds
  • Grant permission for Judicial Review on one or more grounds
  • Refuse permission for Judicial Review

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

Why to instruct Chauhan Solicitors to advise you on your Visit Visa Application and Visit Visa Refusal

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for UK Visit Visa Application.

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