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VAT3 Special Visitor: Child visitors

VAT3 Special Visitor: Child visitors
Last updated 20 November 2009

This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK) for visit and transit visas. It is a live document under constant review and is for information only.

Entry Clearance Guidance - Recent updates

Guidance

Further information

 

VAT3.1 What are the requirements?

Immigration Rules for child visitors: Paragraphs 46A-F

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VAT3.2 Why were these Rules introduced?

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 children coming to the UK for short term stays sponsored through charities see also the section on children sponsored by charities.

 

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VAT3.3 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 or country of habitual residence who is responsible for their care; and
  • their parent/guardian agrees to them travelling.

 

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VAT3.4 What are suitable travel, reception and care arrangements

This will vary from application to application.  The ECO needs 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.

 

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VAT3.5 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, or where there is nothing from the parent or guardian and no reasonable explanation as to why this is so.

Where the parents are divorced, the consent must come from the parent who holds  legal custody or sole responsibility.

Where the application is made by someone other than a parent or guardian or a social worker holding parental rights who is caring for the child, enquiries should be made as to the identity of the accompanying adult.

 

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VAT3.6 What about child visitors undertaking short programmes during their visit?

A child visitor may come to the UK to do a course of study for up to six months as long as this is provided by an organisation which meets the requirements below.

Where a child visitor is undertaking an activity-based programme, which includes English language tuition, it has been agreed that the organisation is not required to obtain accreditation, providing that the language study is incidental to the activity-based programme.

Activity-based programmes allow for children to attend courses that focus on certain skills or interests. Football and rugby schools are good examples.  These courses generally take place in the summer months and allow for children to take advantage of school holidays to pursue interests in an English-speaking environment. Activity-based programmes can include English language tuition, but any language study should be incidental to the main activity-based programme. This means that the main purpose of the child’s visit is to attend an activity-based course rather than a formal English language course.  The English language element to activity-based courses can be classroom-based, but any classroom based language tuition should not form the larger part of the overall programme.  A programme that focuses more on academic achievement through tests or an exam-focussed syllabus is not activity-based. For example, 3 hours formal and daily classroom based tuition followed by afternoon sight-seeing tours is not an activity-based programme.  These courses are in line with what is offered as formal courses of study at most English language schools for adults and children in the UK.

Examples of programmes that are covered:

  • 8 week “on-the pitch” football summer school, where football coaching/practice takes up the majority of the time, with some visits to places of interest and football matches and a few hours a week of informal English language training.
  • 2 week folk dancing programme, in which practical dancing skills and attending folk dancing exhibitions and shows are the focus, with an hour or two a week learning about the history of folk dancing.
  • 4 week mountaineering programme, camping on Snowdon.  Time to be spent climbing and at social events.  An hour or two a week of informal English language training.

Examples of programmes that are not covered:

  • 12 week English language course where mornings are spent in the classroom and afternoons on cultural visits.
  • 6 week archaeology course, where time is spent predominantly in the classroom, with visits to archaeological sites.
  • 2 week study programme on British history and culture, incorporating visits to places of interest, where the programme is predominantly in the classroom.

The organisation providing an activity-based programme will need to demonstrate that it has all measures in place to safeguard children and that they are appropriately regulated for the programme they deliver (where regulation applies).  The organisation might do this by means for example of providing the child visitor with a letter that confirms the length and content of the course, the relevant regulations and confirmation from the regulatory body that the regulations have been met.

Providers that are offering a course of study as opposed to an activity-based programme need to be either

  • the holder of a Tier 4 sponsor licence, or
  • accreditation by a UKBA approved accreditation body:

Lists of institutions accredited by the UKBA approved bodies (Accreditation UK, BAC, ASIC and ABLS) can be found at: 

Accreditation UK - a British Council scheme which offers an accreditation service for English language schools;
The British Accreditation Council (BAC) - which offers a more general accreditation service to cover a wide range of different educational establishments and their courses; and
The Accreditation Service for International Colleges (ASIC) - which also offers a general accreditation service to cover a wide range of different educational establishments and their courses; 
The Accreditation Body for Language Services (ABLS) - which provides an accreditation service to a diverse range of English language providers,

or

  • an independent fee paying school registered with the Department for Children, Schools and Families.  See information on the UK Border Agency website.

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VAT3.7 Child visitors intending to undertake sports, entertainer or business visitor activities whilst in the UK

Child visitors can enter the UK to undertake sports, entertainer or business visitor activities provided that they meet the requirements of paragraph 46A of the Immigration Rules. 

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VAT3.8 What details do I need to record on Proviso and the Central Reference System (CRS)?

The ECO needs to record the following details (where applicable) on Proviso and CRS:

  • the name, home address and landline telephone number of the parent/guardian  in the child’s home country;
  • the name, relationship to the child, employment details, home address and landline telephone number of the adult(s) 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.

Where these details are missing or unclear or other factors raise concerns about the child’s welfare, further enquiries should be undertaken to confirm the identity and residence of the host and that the child is expected.

If despite these further enquiries the ECO remains concerned about the child’s welfare in the UK, the application should be refused.

ECOs do not need to make detailed enquiries into the acceptability of adults who are to accompany a child so long as the application is being made by the parent or guardian, unless other factors suggest this to be necessary.

ECOs should pay particular attention to the applications and circumstances of a child who seeks to enter the UK unaccompanied.

Where any doubts remain, the application should be refused.

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VAT3.9 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 visas issued before 12 February 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 only one 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, the ECO should recommend that the child has an unaccompanied visa.

Where the child has a multiple entry visa and they do not intend to travel with the same adult, it may be better for them to be issued with an unaccompanied visa even though they may not be travelling alone.  Having an unaccompanied visa does not prevent a child from travelling with an adult.

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.

Where the child intends to travel with two adults sequentially within the validity of the visa eg 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 should be entered on the vignette.

Care should be taken when considering long term visit visa applications from child visitors.  They should only be granted a visa which is valid to 6 months past their 18th birthday.  For instance, 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. 

If the ECO decides that it is necessary to issue a visa for a shorter validity than has been 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.

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VAT3.10 What is the visa endorsement for unaccompanied children?

C: VISIT CHILD UNACCOMPANIED LTE 6 MONTHS, CODE 3 

A child with an “unaccompanied” child visitor visa is able to travel with or without any other person.  It does not prevent them from travelling with an adult.


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VAT3.11 What is the visa endorsement where the child is accompanied by two adults/both parents?

C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3  Only valid if accompanied by [enter accompanying parents’ / guardians’ passport numbers]

There is insufficient space on the vignette to allow for the names of two people as well as the passport numbers.

A child who seeks to enter the UK in the company of an adult other than the one(s) identified on the child’s visa, should normally be refused.

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VAT3.12 What is the visa endorsement where the child is accompanied sequentially by two adults?

C:VISIT CHILD ACCOMPANIED LTE 6 MONTHS CODE 3  Only valid if accompanied by [ passport number of first adult] or [passport number of second adult].

The child’s visa will only be valid if (s)he is accompanied by the identified adult.


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VAT3.13 What is the visa endorsement where the child is accompanied by one parent or one adult?

C: VISIT CHILD ACCOMPANIED LTE 6 MONTHS, CODE 3  Only valid if accompanied by [enter accompanying parent’s / guardian’s name and passport number]

A child who seeks to enter the UK in the company of an adult other than the one identified on the child’s visa, should normally be refused.

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VAT3.14 Child visitor examples of refusal wordings

Wording for refusals: Section 1-5

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VAT3.15 Do child visitors have full rights of appeal?

Visit 26.6 - Applications which, if refused, do not have a full right of appeal (GV51(LRA) for more information.

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The official British Government website for visa services

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