• VAT1.1 Who needs a visit visa?
• VAT1.2 Categories of visitor
• VAT1.3 Visa validity - When to issue a single-entry visit visa
• VAT1.4 Visa validity - What period for a multiple entry visit visa?
• VAT1.5 Frequency and duration of visits
• VAT1.6 What is visa endorsement for visits?
• VAT1.7 Visitor refusal wordings
• VAT1.8 Do visitors have full rights of appeal?

See other guidance information VAT02 Visitors: Visiting family; friends; as a tourist VAT03 Special Visitor: Child visitors VAT04 Special Visitor: Child visitors sponsored by charities VAT05 Special Visitor: Parents with children under 12 at school in UK VAT06 Special Visitor: Marriage/Civil partnership visit (not settlement) VAT07 Special Visitor: Private medical treatment VAT08 Special Visitor: Visitor in transit VAT09 Special Visitor: Student visitor VAT10 Special Visitor: Prospective student VAT11 Business Visitors VAT12 Business Visitor: Academic Visitor VAT13 Business Visitor: Visiting Professors VAT14 Business Visitors: Religious Workers VAT15 Business Visitor: Doctors coming for PLAB test VAT16 Business Visitor: Doctors undertaking clinical attachments VAT17 Sports Visitor VAT18 Entertainer Visitor VAT19 Visitors under the Approved Destinations Status MoU with China VAT20 Foreign armed forces (not NATO/Commonwealth) VAT21 Archaeological excavations VAT22 Appellants seeking admission VAT23 Parents with access rights to children in the UK VAT24 Child minders for relatives VAT25 Visitors seeking visas or settlement visas for other countries VAT26 Persons coming for job interviews VAT27 Court reporters VAT28 Witnesses attending trials in the UK  

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 eg. 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.

But entry clearance is 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).

 

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VAT1.2 Categories of visitor

The main categories of visitors are:

Visitor 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.

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:

• Visitor for private medical treatment - Paragraphs 51-56
• Visitors coming to get married - Paragraphs 56D-56F
• Parent of a child at school - Paragraphs 56A-56C
• Child Visitor - Paragraphs 46A-46F
• Student Visitor - Paragraphs 56K-56M
• Prospective Student  - Paragraphs 82-87
• Visitor in transit - Paragraphs 47-50

Miscellaneous

• Visitors under the Approved Destination Status Memorandum of Understanding with China 
• Foreign Armed Forces (not NATO / Commonwealth)
• Archaeological excavations
• Appellants seeking admission
• Parents with access rights to children in the UK
• Child minders for relatives
• Visitors seeking visas or settlement visas for other countries
• Persons coming for job interviews
• Court reporters

 

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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.

 

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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.  

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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, The fact that a person has made a series of visits with only brief intervals between them would not, in absence of any other relevant factors, constitute sufficient grounds for refusal.

It is reasonable, however, for the ECO to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits.  A visitor should not, for example, normally spend more that 6 out of any 12 months in the UK (but see guidance relating to visitors for private medical treatment).

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 a person’s presence in the UK on business for more that 6 out of any 12 months 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.

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VAT1.6 What is visa endorsement 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.

 

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VAT1.7 Visitor refusal wordings

Wording for refusals: Section 1-5

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VAT1.8 Do visitors have full rights of appeal?

This depends on whether or not the applicant intends to visit a qualifying family member  (VAT2.4 refers) while in the UK.  If planning to visit a qualifying family member, whether as the main purpose of the trip or not, then the applicant will have full rights of appeal.

If there is no intention to visit a qualifying family member, or there are no qualifying family members in the UK, then the visit category applicant has limited rights of appeal.  All the VAFs which relate to visit applications have a section where it asks for details of friends and family in the UK, their exact relationship to the applicant and whether the applicant intends to visit them; this should enable the ECO to identify whether a visit category applicant qualifies for a full or limited right of appeal.

If the ECO has clear evidence that the applicant is not visiting a family member e.g. evidence that the person to be visited is not a qualifying family member or that the applicant is not related to the person visiting as claimed, or the applicant has failed to answer the question set out in the VAF, then limited rights of appeal apply.  The refusal notice should give clear reasons as to why they do not have a full right of appeal, for example "You have applied to visit xxxx but he/she does not qualify as a family member under the Immigration Appeals (Family Visitor) Regulations 2003. You therefore do not have a full right of appeal against this decision."  

For further information see VAT2.6 Do family visitors have full rights of appeal?

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