Visitor Visa Immigration Rules

[bigaallaann]

I have decided to give some imput regards Entry clearances to the UK for Thia GFs etc.I think that then you can decide whats the best for you considering your circumstances and all the facts. Immigration Rules (HC395)House of Commons...Laid before Parliament on 23 May 1994 under section 3(2)of the Immigration Act 1971.

 

NOTE: Immigration Rule 35...A sponsor of a person seeking leave to enter or variation of leave to enter or remain in the United Kingdom may be asked to give an undertaking in writing to be responsible for that person`s maintenance and accommodation for the period of any leave granted,including any further variation.Under the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992,the Department of Social Security or,as in the case may be the Department of Health and Social Services in Northern Ireland may seek to recover from the person giving such undertaking any support paid to meet the needs of the person in respect of whom undertaking has been given.

[under the Immigration and Asylum Act 1999 the Home Office may seek to recover from the person giving such an undertaking amounts attributable to any support provided under section 95 of the Immigration and Asylum Act 1999(support for asylum seekers) to,in respect of,the person in respect of whom the undertaking has been given. Failure by the sponsor to maintain that person in accordance with the undertaking,may also be an offence under section 105 of the Social Security Administration Act 1992 and/or under 108 of the Immigration and Asylum Act 1999 if,as a consequence,asylum support and/or income support is provided to,or in respect of,that person]

NOTE:Words in square brackets inserted 2 October 2000(Cm4851)

 

Persons Seeking to Enter or Remain in the United Kingdom for Visits..

Immigaration Rules: For purpose of paragraphs 41-46 a visitor includes a person living and working outside the United Kingdom who comes to the United Kindom to transact business(such as attending meetings and briefings,fact finding,negotiating or makinhg contracts with United Kingdom businesses to buy or sell goods or services).A visitor seeking leave to enter or remain for private medical treatment must meet the requirements of paragraphs 51 or 54.[A visitor seeking leave to enter for the purposes of marriage must meet the requiremensts of paragragh 56D]

NOTE: Words in square brackets inserted from 15 March 2005 (HC346)

it

41.The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:

(1) is genuinley seeking entry as a visitor for a limited period as stated by him,not exceeding 6 months;and

(2)intends to leave the United Kingdom at the end of the period of the visit as state :GoldenSmile1:d by him;and

(3)does not intend to take employment in the United Kingdom;and

(4)does not intend to produce goods or provide services within the United Kingdom,including the selling of goods or services direct to members of the public;and

(5)does not intend to study at a maintained school;and

(6)will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will,with any dependants,be maintained and accommodated by relatives or friends;and

(7)can meet the cost of the return or onward journey;[and

(8)is not a child under the age 18.]

NOTE:Subparagrapgh 8 inserted from 12 February 2006 (HC819)

 

Leave to enter as a visitor.

 

42. A person seeking leave to enter the United Kingdom as a visitor may be admitted for a period not exceeding 6 months,subject to a condition prohibiting employment,provided the Immigration Officer is satisfied that each of the requirements of paragragh 41 is met.

 

Refusal of leave to enter as a visitor.

 

43.Leave to enter as a visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragragh 41 is met.

 

Requirements for an extension of stay as a visitor.

 

44.Six months is the maximum permitted leave which may be granted to a visitor.The requirements for an extension of stay as a visitor are that that the applicant;

(1)meets the requirements of paragraph 41 (2)-(4);and

(2)has not already spent,or would not as a result of an extension of stay spend,more than 6 months in total in the United Kingdom as a visitor[;and

(3)was not last admitted to the United Kingdom under the Approved Destination Status Argreement with China.]

Any period spent as a seasonal agricultural worker is counted as period as a visitor.

NOTE: Paragraph 44 (3)inserted from 5 April 2005 (HC486)

 

Extension of stay as a visitor.

 

45.An extension of stay as a visitor may be granted,subject to a condition prohibiting employment,provided the Secretary of State is satisfied that each of the paragraph 44 is met

 

Refusal of extension of stay as a visitor.

 

46. An extension of stay as a visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 44 is met.

 

My experience of obtaining this kind of entry clearance:

I have had Visitor Visa`s issued 4 times in all.Mother in law x2,brother in law x1 and sister in law x1.On applying the visitor visa the first time for my mother in law,it was issued without any problems.My wife wanted her mother to stay longer than 6 months when already in the UK.I told my wife that if apply for an extension of visitor visa for her mother it would be refused or more than likely would make it harder the next time we wanted my wife`s mother to visit.The wife`s mother stayed for 9 months the first visit and was refused an extension.Passport stamped by the Home office for 3 months extension only and letter sent that only in emergency cases would an extension would be given..example hospitalised.Home Office had no choice but to stamp the mothers passport 3 months extension as she was already in the UK, applied for an extension just before the 6 months leave to enter was due to expire.On the 2nd time applying 18/24 months later for a visitor visa the mother was refused by the ECO (Entry Clearance Officer)on the basis of over staying on her first visit to the UK.I wrote a letter and sent it by fax assuring the ECO that the mother would not over stay again if given the opportunity to visit the UK again.(no right of family visit appeal existed at this time under Immigration Act).I explained that the proof of the pudding is in the eating so to speak as catch 22 situation.How can you prove she wouldn`t return with the 6 months normally given if never given the chance to do so.The mother was then given a visa and to my surprise a promisary stiker was attached to the mothers passport by the side of the visa issued..Granted leave to enter UK for no more than 3 months which she had to sign at the embassy before the visa was issued...Worth Noting.

Next regarding my wife`s eldest brother.He is employed as a seaman 2nd Officer with Evergreen which are HK based.The schedule he was always on was mainly to Spain or Italy where his ship docked at times for 3/4 days or a week at times.Decided to apply a 2 year multible entry visitor visa for him,so when ship docked he could visit us for 2/3 days if possible.The visa was refused as he worked on a ship and may be would jump ship when visiting UK.I appealed this decission and represented him as a sponsor at the AIT(Asylum and Immigration Tribunal).Upon entering the hearing room before the Adjudicator entered the Home Office Presentation Unit Officer apologised to me stating a big error had been made by the ECO,the visa should have been issued when applied for,should not even had needed to attend an AIT hearing. The Adjudicator was then told of the error by the Home Office POU,heard my case of the appeal anyway as formality and the hearing was finished within 15 minutes maximum.I did point out that my wifes brother was still at sea and not due to return to the Philippines for approximatley another 3/4 months and asked that he direct the ECO and ECM that a visa be issued upon his return from sea to visit us in the UK.I was informed by the Adjuicator that this would be done on the determination.Received the determination 2 weeks later in the mail directing the ECO to issue a visa and letter from Home Office Presentation Unit that will have to wait 6 weeks for the decission to reach the embassy before a visa could be issued.

What happens next!! Wife`s brother went to the embassy to be issued the visa and was refused it.The ECO tried to say that since the AIT hearing the time had lapsed to be issued the visa.I was really pissed off and decided to go myself to sort this out as hate all the fun,games and delaying tatics the embassy staff use in not issuing visa`s when should have been when satisfied all the Immigration Act required..besides gave me a chance to do some more mongering in Manila and Cebu.Brother applied the visitor visa again with all the relevant supporting documents etc and copy of the determination from myself and wife.I flew out to Manila and was present the next day for when the brother was due his interview.While the brother was in the waiting room I went and saw the ECM (Entry Clearance Manager) and had him read and discussed the determination from before.Explained that the brother was at the embassy again now waiting to be interviewed.The ECM was sympathatic to what I had to say.The brother was interviewed and refused again!! Same excuses as previous and this time for lack of financial support too..found this odd after reading the refusal reasons.I went back into the embassy and wanted to speak to the ECO who interviewed the brother as now embassy is shut and no more interviews were being done.What transpired was that he never saw all the salary pay slips of my wifes income either in error.I was told I could appeal etc.It was a Thursday late afternoon then and told him I would write appeal immediatley and hand it in the next day Friday morning.The ECO promised me that he was off on the Monday but would review the application and appeal on the Tuesday and let me know immediatley his decission.Told the ECO I would be going to Cebu with the brother and gave him my mobile phone number.Soooo that night it was online to law refernce libary for case points of law and write the appeal till nearly midnight when it was done.Had the business section of the hotel type up the appeal for me and then handed it in person to the embassy.Made sure it was signed for incase excuse was made it hadn`t been received etc.On the Wednesday morning true to his word I got a phone call from the ECO while I was in Cebu that the visitor visa STMV 2years was going to be issued..Finally.

Wife`s 3rd eldest sister..Vistor visa issued within 2 weeks of applying based on documents submitted.The embassy had then decided to consdier visa applications on the basis of documents instead of interviewing first time applicants to meet targets and dead lines per their customer service agenda.Still will interview applicants if necessary at this time.

 

My summary and opinions of Visitor visa`s..Yeah,there good for family visits as have a right of appeal where as general applications not sponsored by family don`t.

I suggest that people considering this route visit their GF a few times before applying.Keep a diary like a book of your relationship.When apply when write a letter as a sponsor write why you want the person to visit,your plans for the future,bring tourist info of local sight seeing places where you live for your GF to know of.Make sure that your GF has employment with a letter from her company on company headed paper stating how long she has been employed there,position,salary etc and that GF can have vacation time of two weeks or a month with approval of the company.Don`t purchase tickets only get confirmed reservations of date of travel from a travel agent.Submit genuine documents only with copies of the same,Never submit a fake document..better to explain why its not submitted than give a fake one.The embassy carry out checks usually on all documents submitted and can verify your bank accout statements too.

Its possible to do all the appication processs itself as straight forward,the embassy uses a companies that accept the applications and checking of documents,processes the finger printing and digtal photos of the applicants before forwarding the visa application to the embassy.usually you have to pay in a nominated bank by the embassy to pay for the visa application and then use this receipt for making an appointment with the nominated company the embassy uses to submit the application.Its possible to download the document check list and application forms from the embassy website or via the link of the company the embassy uses.I suggest that if you want that you use a registered OISC Level 2/3 person to handle your application if you dont want to do it yourself.

OISC has 3 levels of competence..

Level 1 is to accept applications and general advice.

Level 2 is as above but can also write appeals on your behalf if refused a visa and allowed to appeal.

Level 3 is all of the above but can represent you at an AIT hearing.

 

Immigration law Handbook Fifth Edition..Margaret Phelan,James Gillespie used as reference.

[jgc123]

great post!

 

can anyone point me to a thread relating to visa's coming to australia? surely someone has started a thread on it...

 

thanks