Chapter 10 - Visit entry requirements

10.1	Who should be treated as visitors
10.2	Requirements for a visitor under the Rules
10.3	Children as visitors [Updated 21 May 2008]
10.4	Children visitors sponsored by charities [Updated 21 May 2008]
10.5	Cruise passengers
10.6	Religious visits
10.7	Business (or employment-related) visits
10.8	Visitors for medical treatment
10.9	Exercising right of access to a child resident in the United Kingdom
10.10	Child minders
10.11	Visit for marriage / civil partnership
10.12	Visiting academics
10.13	Armed forces other than NATO or Commonwealth
10.14	Endorsements
10.15	Single and long term multiple visit visas [Updated 21 May 2008]
10.16	Visitors seeking Leave to Enter under the Approved Destination Scheme (ADS) with China
10.17	Student Visitors

Annex

10.1	Department of Health Leaflet Are You Visiting the UK?

Chapter 10 - Visit entry requirements

10.1 - Who should be treated as visitors
Most visitors to the UK are dealt with under the general "visitors" provisions contained in Paragraphs 40 and 41 of the Rules. However, four categories of visitor come under other paragraphs: those visiting for medical treatment (Paragraph 51), those wishing to exercise their rights of access to a child resident in the UK (Paragraph 246), those wishing to enter for marriage or civil partnership or to give notice of marriage / civil partnership (Paragraph 56D) and thosewishing to take a short course of study (Paragraph 56K).

Persons may wish to visit the UK for a variety of reasons. The following are examples of those who can be treated as visitors (although the list is not exhaustive):

• those visiting relatives or friends;
• tourists, including cruise passengers;
• those visiting for religious purposes;
• those on business or employment-related visits including for interviews, auditions or "trials" (but not those setting-up business in the UK);
• those wishing to take a short course of study which will be completed within the period of their student visitor leave (Paragraph 56K of the Rules)
• those going for medical treatment in the UK (Paragraph 51 of the Rules);
• those exercising access rights to a child resident in the UK (Paragraph 246 of the Rules);
• parents with children at school in the UK - see Chapter 12.27;
• relatives acting as child minders;
• those visiting to get married or undertake a civil partnership (but not to stay) (Paragraph 56D of the Rules);
• those taking examinations (but not pursuing studies);
• academic visitors;
• members of NATO and Commonwealth armed forces and certain other military personnel.(also see Chapter 5)
• those taking part in archaeological digs.

10.2 - Requirements for a visitor under the Rules

The requirements to be met by a person seeking entry clearance as a visitor are that he/she:

1. is genuinely seeking entry as a visitor for a limited period as stated by him/her, not exceeding six months; and
2. intends to leave the UK at the end of the period of the visit as stated by him/her; and
3. does not intend to take employment in the UK; and
4. does not intend to produce goods or provide services (including the selling of goods or services direct to members of the public) within the United Kingdom; and
5. does not intend to undertake a course of study *
6. will maintain and accommodate himself/herself and any dependants adequately out of resources available to them without recourse to public funds or taking employment; or will, with any dependants be maintained and accommodated adequately by relatives or friends; and (see subparagraph (vi) of Rule 41); and
7. can meet the cost of the return or onward journey; and
8. is not a child under the age of 18.

*As a result of the new Student Visitor category (see 10.17 below), Paragraph 41 of the Visitor Rules has been changed so that visitors are no longer allowed to undertake a course of study in the UK.

Frequency and duration of Visits
There is neither restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute grounds for refusal.

It is reasonable, however, for the Entry Clearance Officer to consider the stated purpose of the visit in the light of length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 of any 12 months in the United Kingdom (but see Paragraph 10.8 below in the case of visitors for private medical treatment).

Occasionally, a business visitor may be required to stay for weeks or even months (e.g. where machinery is being installed or faults being diagnosed and corrected). The Entry Clearance Officer should be satisfied, however, that a person's presence in the UK on business for more than 6 out of any 12 months does not mean that he/she is basing himself/herself in the United Kingdom and/or holding down a specific post which constitutes employment requiring a Work Permit.

10.3 - Children as visitors (Rules 46A-F) [Updated 21 May 2008]

These rules were introduced to provide a record of children who travel to the UK as visitors, identify the adults involved in their travel and find out who is responsible for the child's care.

For how to deal with children coming to the UK for short term stays sponsored through charities please see paragraph 10.4 below.

What are the key requirements for children visiting the UK?
All applicants who are under the age of 18 must show that:

• they have suitable travel, reception and care arrangements for their stay in the UK;
• they have a parent or guardian in their home country who is responsible for their care; and
• their parent/guardian agrees to them travelling.

What are suitable travel and care arrangements?
This will vary from application to application. You need to establish the identity and address of the host/person accompanying the child and establish that the care arrangements are satisfactory. In routine cases this could simply mean including the child's details in the parents' travel and accommodation plans or asking for a letter from the host family.

Parent/Guardian consent
ECOs need to establish and record that the parent/guardian is in the home country and agrees to the child travelling. In routine cases, the parent/guardian travelling with the child can either sign the application form or, where they are not travelling, they can provide a letter of consent. The ECO should refuse the application if they have doubts about whether consent has been given.

What details do I need to record on Proviso?
You need to record the following details (where applicable) on Proviso:

• the name, home address and landline telephone number of the parent/guardian;
• the name, relationship to the child, employment details, home address and landline telephone number of the adult travelling with the child, and their UK address and telephone number;
• the name and address, relationship to child and landline telephone number of the host family in the UK;
• the name, relationship to child, address and landline telephone number of the adult meeting the child on arrival in the UK, if they are not the host family.
  

When is the visa valid for travel?
The visa will only be valid if the child is travelling with the adult or adults recorded on the visa when it was issued. Any visa issued before 12 Februuary 2006, when the Rule was introduced, will be valid until they expire.

The child can travel with either of the adults whose details are recorded on the visa, or with both, but if an adult's details are recorded on the visa, the child must travel with that adult.

If a child is likely to be travelling with various adults or alone while the visa is valid, you should recommend that the child has an unaccompanied visa.

If the child has an accompanied visa, but is going to travel alone or with an adult not named on the visa, the child must get a new visa before they travel.

If the child is not travelling with one or both of the adults recorded on the visa, the airline may refuse to carry them to the UK and the Immigration authorities may refuse them entry into the UK.

What is the visa endorsement for unaccompanied children? [under review]
C: VISIT CHILD UNACCOMPANIED LTE 6 MONTHS, CODE 3

What is the visa endorsement where the child is accompanied by two adults/both parents? [under review]
C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3. Only valid if accompanied by [enter accompanying adult(s ) and/or parent(s) passport number(s)].

What is the visa endorsement where child is unaccompanied by one parent or one adult? [under review]
C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3. Only valid if accompanied by [enter the accompanying adult's or parent's passport number, first name initial, and full surname] (space allowing).

10.4 Children visitors sponsored by charities

How charities register their details
Charities facilitating child visits to stay with UK host families should be encouraged to register their details with the Embassy on the charity registration pro-forma below prior to submitting applications on the child’s behalf.

Child visitor charity registration form

Charity Registration details to include:

• the Charity Commission registration number*,
• list of trustees,
• charity details in both the UK and home country,
• charity's child protection policy,
• outline of the selection process for inclusion of children in scheme,
• details of host families including their CRB (Criminal Records Bureau) checks and
• assessment of suitability. 

*To note: If a charity's income does not reach the threshold of £5,000 per annum it does not need to register with the Charities Commission under the Charities Act 2006.

Charities should notify posts 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.  

What are the requirements?
Children being sponsored through charities for short term stays in the UK should be treated as Child Visitors to the UK (see paragraph 10.3 above) and subject to the requirements of Paragraph 46A of HC395 as amended - which requires that suitable arrangements be made for the child’s reception and care in the United Kingdom.  

• All children over the age of five must provide biometric details at the time of making an application.
• Visa application forms should be completed in full, including a record of the name, address (not a PO Box number) and landline telephone number (where one exists) of the parent or carer in the child’s home country.
• A letter from the parent or guardian confirming their relationship to the child and consenting to the child’s application should be presented.
• Schooling details in the child's home country.
• A letter from the school if the child is travelling during school term time.

Charities should include in the visa application form:

• 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 CRB checks.
• State whether this is the first or a subsequent visit sponsored by the charity for the child.

ECOs must be satisfied that appropriate checks have been carried out by the charity prior to a visa application being submitted.  As a guide, at the time of application any CRB checks should be no more than three years old.

Charities may only change host families allocated to children, and as stated on the visa application form, in exceptional circumstances.

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

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

ECOs should only issue visas when they are satisfied that children will be adequately accommodated and duty of care obligations have been met.  

When is the visa valid for travel?
Where children are sponsored to travel to the UK through charities, ECOs should limit the Entry Clearance to a single entry visit visa valid for six months.

What is the visa endorsement for an accompanied child? [under review]
Where a child is travelling in the company of the group leader(s) the “Child Accompanied” endorsement should be used and their details should be identified on the child’s visa vignette:

C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3. Only valid if accompanied by [adult's passport number] or [adult's passport number]

If the child sponsored by a charity is travelling to the UK with one adult:

C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3. Only valid if accompanied by [enter the accompanying adult's passport number, first name initial, and full surname] (space allowing).
 
What is the visa endorsement for an unaccompanied child? [under review]
Where a child is travelling unaccompanied, the “Child Unaccompanied” endorsement should be used. The ECO should pay particular attention to the applications and circumstances of a child - recording full details on Proviso of the host in the UK. 

C: VISIT CHILD UNACCOMPANIED LTE 6 MONTHS, CODE 3

10.5 - Cruise passengers
Visa nationals can choose to travel without a visa when travelling as part of a cruise and continuing their journey on the same vessel providing:

• their total stay in the UK does not exceed 24 hours
• their nationality is eligible for a transit visa waiver

The 24 hours starts when the cruise ship arrives at a UK port and ends when the cruise ship leaves the Common Travel Area. Visa nationals staying on a cruise ship but going ashore for day trips, therefore, require visit visas.

The Immigration authorities may impose certain conditions before allowing visa nationals to enter the UK without a visa. Applicants should therefore check that the Cruise Company or agent has made arrangements with the UK immigration authorities prior to travel.

The concession does not apply to certain nationals who do not benefit from transit visa waiver - see Transit chapter for list.

Passengers who are visa nationals and who intend to use a ship as a hotel and go ashore on successive days while it remains in port are considered to be ordinary visitors and therefore require visit visas.

10.6 - Religious visits
A minister of religion or professional preacher may visit the UK on a preaching tour. The tour must not exceed 6 months. It should involve only preaching, be consistent with the person’s employment abroad and not constitute disguised employment as a minister of religion.

A minister of a religious order may visit the UK to attend an interview for a job as a minister of religion.

In both these circumstances, after the persons have been given leave to enter the UK, the Home Office may accept applications from them to change status (switch) to employment as a minister of religion. The chapter on non-work permit employment gives guidance on assessing persons as ministers of religion.

10.7 - Business (or employment-related) visits
The requirement in 10.2(d) above is specifically intended to differentiate between a business visitor and a person setting-up or engaging in business in the UK who is required to qualify under separate provisions in the Rules (see chapters on Employment for details).

Business visitors must qualify under the requirements of the Rules for visitors.

You should be satisfied that the applicant:

• intends to transact business directly linked to his or her employment abroad;
• normally lives and works abroad and has no intention of transferring their base to the UK, even temporarily;
• receives a salary from abroad (but may get reasonable expenses to cover travel and subsistence during the visit).

You should treat as business visitors:

• those going to attend meetings, conferences, trade fairs, seminars etc including guest speakers provided the conference or seminar is a single event, i.e. not part of a commercial venture;
• those going to purchase, check details of or examine goods;
• those delivering goods from abroad, such as lorry drivers;
• those going to negotiate or sign trade agreements, contracts, etc;
• those attending interviews including sports persons going for "trials", entertainers going for auditions (see separate section below);
• those coming to undertake fact-finding missions, e.g. journalists on a short assignment to cover a story;
• advisers, consultants, trainers, trouble shooters etc, provided that they are employed abroad, either directly or under contract, by the same company (or group or companies) to which the UK client firm belongs, but,

• the involvement of such advisers must not extend to actual project management or providing consultancy services direct to clients of the UK company
• training should be for a specific, one-off purpose, should not go beyond classroom instruction, and should not be otherwise readily available here

• tour group couriers contracted to a firm outside the UK, who are seeking entry to carry out short- term duties and are not seeking to base themselves in the UK;
• interpreters or translators who are existing employees of an overseas company and who are accompanying and solely providing a service for business visitors from the company;
• representatives of computer software companies coming to install, debug or enhance their products. A trip to be briefed on the requirements of a UK customer is also acceptable. However, if representatives are to provide a detailed assessment of a potential customer’s needs, this is regarded as consultancy for which a work permit is required;
• representatives of foreign companies coming to erect, dismantle, install, service or repair their company’s products;
• those coming for training in techniques and work practices employed in the UK, provided that the training is confined to observation, familiarisation and classroom instruction only;
• discretion may also be exercised where an applicant proposes a visit for business purposes which might be seen as the provision of a service such as taking instructions or giving professional advice. In such cases a short (see Paragraph 10.15 below) visit may be authorised.

Conversely, the following should not be treated as business visitors:

• employees of overseas firms whose involvement with a United Kingdom subsidiary amounts to employment here;
• consultants who are self employed, other than those contracted abroad by an overseas firm with a UK subsidiary;
• those who are undertaking productive work which could be undertaken by someone recruited from the local or EEA labour force;
• those offering training, unless such training involves products manufactured overseas, or is specific to the operation of a group of companies of which the UK firm is a member.

Archaeological digs
People taking part in archaeological digs as volunteers may be granted entry clearance provided they are not paid (or receive only subsistence and travelling expenses). They should provide a letter from the organising body in the UK stating the period of employment and, where appropriate, arrangements for accommodation and maintenance. Those employed full-time on a salary as a director of or participant in an excavation require work permits.

For interviews, auditions or "trials"
People wishing to go to the UK to attend job interviews are treated as business visitors. ECOs should be satisfied that prior arrangement for interview has been made. In the case of candidates for enlistment in the UK armed forces, the Ministry of Defence will provide suitable candidates with a letter for presentation to an ECO when entry clearance is required.

Similarly, entertainers or sports persons who wish to go for auditions or trials (e.g. footballers) are travelling for the purpose of "job interviews" and are deemed to be business visitors.

Internationally-famous people wishing to go to appear on radio or television for an interview, as opposed to performing, (possibly earning a fee in the process) should also be treated as business visitors.

As long as the persons described in this section are travelling on a one-off basis and only intend staying in the UK for a short visit, you may treat their applications as such. If any of these persons intend to further their careers in the UK by engaging in their profession there e.g. a footballer playing in a match, a singer participating in a concert, an actor starring in a film etc, the application should be dealt with as for employment.

The chapters on work permit and non-work permit employment give more detailed guidance on employment-related applications.

10.8 - Visitors for medical treatment
Persons wishing to go to the UK for private medical treatment must fulfil the requirements of Rules Paragraph 51. To qualify, a person must:

1. meet the requirements of Paragraph 41 (iii)-(vii) of the Rules; and
2. in the case of a person suffering a communicable disease, satisfy the Medical Inspector that there is no danger to public health; and
3. satisfy an ECO that any proposed course of treatment is of finite duration; and
4. intend to leave the UK at the end of the treatment; and
5. show that:
   • satisfactory arrangements have been made for the necessary consultation or treatment at his/her own expense; and
   • sufficient funds are available in the UK to meet the estimated costs and an undertaking to do so has been produced; and
   • private and not NHS treatment is being genuinely sought.

Waiving provision of evidence
You have the discretion to waive the requirement to produce evidence that arrangements have been made for treatment where you are satisfied about the means and intention to visit for private medical treatment (and leave at the end of it).

Serious disease/disability or communicable disease
If you have reason to believe that the applicant may be suffering from a communicable disease, you should refer the person for medical clearance (see the chapter on medical requirements for guidance). This applies equally to any applicant who does not give medical treatment as the reason for a visit but who suffers, or appears to suffer, from a serious disease or disability.

Extension of stay
The normal 6 month time limit will initially apply to a visit for medical treatment. However, the Home Office can agree an extension of stay where the person continues to meet the requirements and provides evidence from a registered medical practitioner, who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council, of satisfactory arrangements/likely duration/evidence of progress of the consultation or treatment.

Seeking further information
Where there is doubt about the costs of or arrangements for private treatment, you should contact the consultant or hospital in the UK direct for confirmation.

Deferrals
Occasionally, it may be appropriate to defer a decision on an application while you seek guidance from the Home Office. Examples are where an applicant has a history of mental illness or suffers from a chronic complaint and is likely to need hospital treatment, or when it is unclear whether the applicant may in fact be termed ‘ordinarily resident’ in the UK and hence eligible for free NHS treatment (see subsection below). You should defer such cases for guidance to:

Managed Migration Strategy and Review (MMSR),
Home Office,
11th Floor,
Apollo House,
36 Wellesley Road,
Croydon, CR9 3RR.

All deferrals should contain as much information and documentary evidence as possible including, where relevant, a full medical report. The points on which guidance is sought should be clearly stated. The Home Office will liaise with the Department of Health as appropriate.

Visitors who may receive NHS treatment
Overseas residents of whatever nationality are not entitled to receive free National Health Service hospital treatment on a visit to the UK unless they are considered exempt from charge under the NHS (Charges to Overseas Visitors) Regulations 1989, as amended. This includes all emergency treatment other than that provided in an Accident and Emergency department. Any charges incurred cannot be waived and hospitals will take measures to recover any debts where it is reasonable to do so. Visitors are strongly recommended to take out travel insurance to cover medical expenses. Any person seeking entry for NHS treatment should normally be refused entry.

For further details of persons and services exempt from charge under the Regulations, see the Department of Health leaflet Are You Visiting the UK? reproduced at Annex 10.1.

There are specific reciprocal arrangements with certain countries (other than the European Economic Area and Switzerland, whose nationals already qualify) whereby their nationals (and in some cases residents of that country) qualify for NHS treatment of illnesses which arise while the visitors from these countries are in the UK.

Of the countries in list A below only the nationals are eligible for treatment as described above. Both the nationals and residents of countries listed at B are eligible.

LIST A	LIST B
Armenia* Azerbaijan* Belarus* Bosnia* Croatia* Georgia* Gibraltar* Kazakhstan* Kirgizstan* Macedonia* Moldova* Montenegro* New Zealand Russia Serbia* Tajikistan* Turkmenistan* Ukraine* Uzbekistan*	Anguilla* Australia Barbados British Virgin Islands* Channel Islands* Falkland Islands* Iceland Isle of Man* Montserrat* St Helena* Turks and Caicos Islands*

Special NHS quota scheme
Nationals of countries marked with an asterisk* above are permitted to go to the UK on a quota basis to receive free hospital treatment. The Department of Health administers this scheme, charging the countries for each treatment after a quota has been exhausted.

If application is made for visas in such cases, you need only see evidence that proper arrangements have been made e.g. a letter from a UK hospital or the Department of Health confirming that treatment has been agreed.

Visas issued in this category should be endorsed C: VISIT MEDICAL TREATMENT. LTE 6 MONTHS, CODE 3

10.9 - Exercising right of access to a child resident in the United Kingdom
The criteria for admission in this capacity are very strictly drawn and all applications are mandatory referrals to:

NCC2 (see Chapter 25.4)

Entry is governed by a separate Paragraph (246) of the Rules which must be read in conjunction with this paragraph.

The requirements are the same as those which all visitors need to meet except that, in addition:

• the applicant must be a parent of a child resident in the UK and intend to enter in order to exercise rights of access;
• the parent or carer with whom the child permanently resides must be resident in the UK;
• the child must be under 18;
• the applicant must have evidence that a UK court has granted rights of access to the child, or a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child;
• the applicant must hold prior entry clearance.

You should send as much relevant supporting documentation as possible with each referral, including your assessment of each case.

An applicant who is refused under this category has a right of appeal, as the Rules (Paragraph 247) allow for a stay upon entry of up to 12 months.

Endorsement
Entry clearance issued in this category are normally endorsed ‘D: RIGHT OF ACCESS TO CHILD’. LTE 12 MONTHS CODE 1.

10.10 - Child minders
A person seeking entry to the UK as a temporary child minder may be treated exceptionally as a visitor if:

• he/she is a close relative of one of the parents e.g. brother, sister, in-law. (More distant relatives are acceptable only if they have formed part of the family unit overseas or are the closest surviving relatives of the parent);
• neither parent is able to supervise the daytime care of the child;
• it is not simply an arrangement to enable both parents to take gainful employment (i.e. the arrangement should be to help in a temporary situation only);
• neither parent is in a category leading to settlement;
• the applicant will not receive payment (except provision of board, accommodation and pocket money);
• the applicant intends to remain in the UK for not more than 6 months;
• BUT, if it is clear that the arrangement amounts to employment, paid or unpaid, the application should be refused on those grounds.

Child minders may qualify for entry under the Au Pair Scheme, as domestic servants, or as working holiday makers (see Chapter on non-work permit employment for details).

10.11 - Visit for marriage or civil partnership Paragraph 56D of the Rules)
When a person wishes to visit the UK to get married or enter into a civil partnership, after which the couple will leave to live elsewhere, the application should be treated as a visit.

People subject to immigration control, wishing to come to the UK to marry or enter into a civil partnership, must hold a prior entry clearance granted expressly for the purpose of enabling them to marry or enter into a civil partnership in the United Kingdom. For this purpose, only a visit for marriage/civil partnership or fiancé(e)/proposed civil partner is valid. This also applies to people wishing to enter the UK to give notice of marriage or civil partnership (which can be done up to 12 months before the marriage/civil partnership takes place. Visa issuing Posts have the discretion to issue a multiple entry visa, valid for up to one year, in cases where there will be a delay between giving notice and the marriage or civil partnership taking place.

This entry clearance requirement is mandatory for all nationalities except for EEA and Swiss nationals.

In addition, any non-EEA national wishing to visit the UK for the purpose of marriage or civil partnership, where civil preliminaries are required, will need to show their entry clearance to the registrar before giving notice of marriage or civil partnership. In the case of those wishing to marry in an Anglican Church, where there are religious preliminaries, there is no requirement for a marriage visitor to show their entry clearance to a member of the clergy. However, both non-visa and visa nationals still require a marriage or civil partnership visit entry clearance before travelling to the UK.

For those applying to marry in Scotland and Northern Ireland, where it is possible to give notice of marriage or civil partnership by post, the visit visa must be valid at the time of giving notice.

For those already in the UK, a Certificate of Approval must be obtained from the Home Office instead. Certificates will only be issued to those with more than six months valid leave to enter and who have three months or more leave remaining. This means that persons who hold a visit visa, illegal entrants, over-stayers and failed asylum seekers will not usually be able to get married or undertake a civil partnership in the United Kingdom. Holders of entry clearance granted expressly for the purpose of marriage or civil partnership will not be required to apply for the certificate of approval.

If, after a fiancé(e)/proposed civil partner application has been lodged (e.g. during an interview), you become aware that the couple, once married/having formed a civil partnership will not settle in the UK, the application should be treated as a visit for marriage or civil partnership.

Endorsement
Entry clearance issued in this category should be endorsed 'C: VISIT - MARRIAGE/CP'. LTE 6 MONTHS CODE 3. You need to enter the initial and surname of the intended partner on the entry clearance.

10.12 - Visiting academics
Academics visit the UK in order to undertake a variety of activities. Entry clearance applications from visiting academics should usually be made under one of four categories: Academic Visitor, Sponsored Researcher, Visitor or Business Visitor.

The Academic visitor category is a concession outside the Immigration Rules allowing academics to visit the UK for 12 months to undertake certain academic activities. An individual seeking leave under this concession must be well qualified within their own field of expertise. They should, therefore, be able to produce evidence that they have been working as an academic in an institution of higher education overseas, or in the field of their academic expertise (e.g. medicine), immediately prior to seeking entry clearance for entry in the category. Recent graduates, especially those who gained their degrees in the United Kingdom, would not normally qualify.

NB Postgraduate researchers entering the United Kingdom to study for an accredited United Kingdom academic qualification (rather than for the purpose of academic research work that does not lead to a UK academic qualification) should enter as students if they meet the relevant requirements of the Immigration Rules. If they do not, then a work permit as a Sponsored Researcher is needed (see below).

Those who qualify
Academic visitors must be either:

1. a person on sabbatical leave from an overseas academic institution who wishes to make use of their leave to carry out research here (to do research for a book for example); or
2. academics (including doctors) taking part in formal exchange arrangements with United Kingdom counterparts; or
3. eminent senior doctors and dentists coming to take part in research, teaching or clinical practice.

NB Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions.

Academic visitors must also:

• not receive funding for their work from any United Kingdom source (payments of expenses or reasonable honoraria may be disregarded, as may payments on an exchange basis)
• not engage in any work other than the academic activity for which they are being admitted
• not be filling a normal post or a genuine vacancy
• not stay in the UK for more than 12 months
• not intend to take employment in the UK
• intend to leave the UK at the end of their visit
• be able to maintain themselves and any dependants without having recourse to public funds (or be adequately maintained and accommodated by relatives or friends)
• be able to meet the cost of the return or onward journey from the UK.

There is no mandatory entry clearance requirement attached to this category, but all visa nationals and anyone coming to the UK for longer than 6 months will need to obtain entry clearance before travelling.

Applicants should be advised that 12 months is the maximum length of stay under this concession. The Home Office will not grant extensions of stay beyond this.

Spouses / civil partners and dependants
Spouses / civil partners and dependant children intending to accompany or join an academic visitor may be granted entry clearance in line with the principal applicant, providing they meet the requirements for entry as a visitor. The requirement that a person must not intend to study at a maintained school may, however, be waived.

Switching into work-permit employment
A person who obtains leave to enter or remain as an academic visitor under these provisions is not permitted to switch into work permit employment.

Lecturers
A person who wishes to come to the United Kingdom solely to undertake a series of lectures for which they will receive a fee will normally require a work permit, for which the prospective employer in the United Kingdom will need to apply. Academics may, however, be eligible to enter as business visitors if they are coming to participate in a conference or seminar where it is a single or occasional event, and the event is not a commercial venture.

Endorsements
Visas issued in this category should be endorsed:
‘D: ACADEMIC VISITOR’. LTE UP TO 12 MONTHS. CODE 3; or

'D: TO JOIN/ACCOMPANY HUSBAND/WIFE/PARENT(S)'.LTE UP TO 12 MONTHS.CODE 3.

Sponsored researchers
A sponsored researcher is any person who wishes to come to the UK to lead or to take part in any formal research project. Formal research projects are those hosted but not necessarily funded by a UK research institution including universities, non-commercial research organisations, charitable organisations and national research councils (such as the Medical Research Council). The sponsored researcher fills a research post and works under the full or partial control of the institution, which will itself benefit from the research. Sponsored researchers can be funded from sources in the UK or overseas.

Sponsored researchers should enter the UK under the work permit scheme except as follows:

Visitor
The visitor category may be appropriate for those academics who want to come to the UK simply to share knowledge or experience, or to hold informal discussions with their UK counterparts. The Visitor category may also be suitable for applicants who intend to conduct research for their own private purposes - such as to do research for a book - and are funded from a UK source (some fellowships exist to facilitate such research).

Business Visitor
The Business Visitor category may be appropriate for those academics who want to come to the UK for more formal discussions, or to speak at non-commercial conferences (where the conference is a "one-off"). This category may also be appropriate for those academics who want to come to the UK to observe techniques or practises used in the UK, provided that their activity is confined to observation, familiarisation or classroom instruction.

10.13 - Armed Forces other than NATO or Commonwealth
On training or familiarisation courses with British firms
Foreign armed forces personnel who go to the UK for training or familiarisation courses with British firms are not exempt from control. Visa nationals will, therefore, require entry clearance and this may be granted subject to confirmation that proper arrangements have been made.

Servicemen travelling to the UK under this category should be advised to carry confirmation of the duration of their courses or official duties with them so that this can be shown to the Immigration Officer if necessary.

Members of foreign armed forces personnel travelling to attend training or familiarisation courses should be issued with entry clearances endorsed ‘D: COURSE F’.

10.14 – Endorsements
Unless otherwise stated, entry clearances issued in "visit" categories should be endorsed ‘C: VISIT’. LTE 6 MONTHS CODE 3.

10.15 – Single and Long Term Multiple Entry Visit Visas [Updated 21 May 2008]
Single-entry visit visas
The Immigration (Leave to Remain) Order 2000 provides for a visit visa to have effect as leave to enter the UK on an unlimited number of occasions during its validity. However, on 1 April 2005, the Order was amended so that it now gives provision in appropriate cases for a visit visa to be endorsed as valid for single entry only.

ECOs may, therefore, issue a visit visa that is valid for entry to the UK on one occasion. In certain cases such as children visitors sponsored by charities or is exceptional borderline cases ECOs should only issue single-entry visit visas. An exceptional borderline case is 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 visa. This category should not (not) be used if the applicant clearly fails to meet the Immigration Rules on the balance of probabilities.

Single-entry visit visas must not be routinely issued to first time family or other visitors.

ECOs may also consider limiting the leave granted in these types of cases by restricting the validity of the visa to less than six months. In these cases ECOs should 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.

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

• 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.
  

Multiple Entry Visit Visas
ECOs should normally issue a visa for the period requested by the applicant. However, a six month multiple entry visit visa will be more appropriate to issue where an applicant is visiting the UK for the first time or who has not otherwise established a good immigration/travel history.

Five and ten year visit visas should only be issued to applicants who have previously travelled and complied with a one or two year visit visa unless the applicant has travelled frequently to the UK or other premium destination e.g EU, US, Australia or Canada.

Endorsement:
ECOc should continue to use the 'VISIT' endorsement on Proviso and 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.

10.16 – Visitors seeking Leave to Enter under the Approved Destination Scheme (ADS) with China

Paragraphs 56G and 56H of the Rules refer
A person seeking leave to enter the United Kingdom as a visitor under the ADS Agreement may be admitted for a period not exceeding 30 days, subject to a condition prohibiting employment, provided they hold an ADS Agreement visit visa.

10.17 - Student visitors
On 1st September 2007 a new category of Student Visitors was introduced into Part 2 of the Immigration Rules relating to visits. The new category of Student Visitors is intended for:

• Those who wish to come to the UK as a visitor and undertake a short course or period of study which will be completed within the period of their student visitor leave; and
• Short term students who wish to study in the UK for six months or less but do not want to work or extend their visas.

As a result of this new category, Paragraph 41 of the Visitor Rules has been changed so that visitors are no longer allowed to undertake a course of study in the UK.

In addition to meeting the requirements of the visitor rules a Student Visitor needs to provide evidence that he has been accepted on a course of study provided by an organisation which is included on the Register of Education and Training Providers (formerly known as the Department for Education and Skills' Register of Education and Training Providers). ECOs should note that:

• The course or period of study does not need to meet the requirement that it is a full-time course of study or that it must consist of a minimum of 15 hours daytime study per week;
• The course or period of study can begin after 6pm in the evening (e.g. evening classes) or can take place at the weekend; and
• There is no requirement for the course or period of study to lead to a qualification.

ECOs should be satisfied that the Student Visitor:

• Does not intend to take any form of employment during their stay in the UK;
• Does not intend to undertake a work placement or internship (paid or unpaid) as part of their course or period of study; or
• Does not intend to seek an extension to their student visitor leave whilst in the UK.

If the Student Visitor wishes to take part-time/full time employment, undertake a paid or unpaid work placement/internship as part of their course or extend their stay in the UK, a student entry clearance must be obtained before arriving in the UK.

Visa nationals who wish to enter the UK under this category must apply for entry clearance before arriving in the UK. Non-visa nationals can seek entry to the UK without a Student Visitor entry clearance but they will need to provide the necessary evidence and documents to the Immigration Officer on arrival in order to show that they qualify. The maximum period of leave allowed in this category is six months.

Student Visitors and how they qualify Paragraph 56K of the Immigration Rules)
The requirements to be met by a person seeking leave to enter the United Kingdom as a Student Visitor are that he or she:

• is genuinely seeking entry as a student visitor for a limited period as stated by him/her, not exceeding six months; and
• has been accepted on a course of study which is to be provided by an organisation which is included on the Register of Education and Training Providers; and
• intends to leave the United Kingdom at the end of their visit as stated by him/her; and
• does not intend to take employment in the United Kingdom; and
• does not intend to engage in business, to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
• does not intend to study at a maintained school; and
• will maintain and accommodate themselves and any dependants adequately out of resources available to them without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
• can meet the costs of the return or onward journey; and
• is not a child under the age of 18.

Endorsement

Visas issued in this category should be endorsed:

'C: VISIT - STUDENT, LTE 6 MONTHS, CODE 3

Student Visitors under the age of 18
There are no separate provisions for children under 18 years of age to seek entry to the UK as a child student visitor. To enable such students to obtain leave to enter the UK to undertake a short course of study and ensure that existing child protection measures continue to apply (as provided under the Child Visitor category), an additional requirement has been included in the child visitor provisions so that, if children under the age of 18 are to attend a course of study, the course must be provided by an organisation which is included on the Register of Education and Training Providers and the course provider must be outside the maintained sector. Children should therefore apply under the Child Visitor Rules Paragraph 46A or apply for a student entry clearance in accordance with Paragraph 57 of the rules if they have been accepted for a course of study in the UK and meet the requirements of those Paragraphs.