WS2 Visitors WORSHOP PDF

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2. VISITORS

VISITORS Appendix V: Immigration Rules

V17.2- shows table on the types and lengths of visit visa and leave to enter or remain Standard Visitor Requirements Suitability Set out in V1 and V3 of Appendix V Genuineness Paragraph V 4.2 provides that an applicant must be a ‘genuine’ visitor. This means that and credibility the applicant: V4.2 (a) will leave the UK at the end of his visit; and (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK his main home; and (c) is genuinely seeking entry for a purpose permitted by Appendix V: Visitor; and (d) will not undertake any prohibited activities (see 5.3) 4.2(e) provides that an applicant must have sufficient funds to cover all reasonable costs in relation to his visit without working or accessing public funds (3.3.2)

Burden of proof is on the applicant

Home office Guidance: (these factors may be relevant)

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the applicant’s previous immigration history, including visits to the UK and other countries the duration of previous visits, and whether this was significantly longer than originally stated on the applicant’s visa application or on arrival the applicant’s financial circumstances, as well as his family, social and economic background the applicant’s personal and economic ties to his country of residence the cumulative period of time the applicant has visited the UK and his pattern of travel over the last 12-month period; and decision makers should assess whether this amounts to ‘de facto’ residence in the UK whether the information and the reasons for the visit provided by the applicant are credible and correspond to his personal, family, social and economic background the applicant’s country of residence and/or country of nationality, including information on immigration non-compliance by individuals who applied for a visit visa from the same geographical region as the applicant.

Doubting the applicants intentions eg? (HO guidance)

• the applicant has few or no family and economic ties to his country of residence and has

several family members in the UK • the political, economic and security situation in the applicant’s country of residence, including whether it is politically unstable, a conflict zone or at risk of becoming one, may lead to doubts about the applicant’s intention to leave the UK at the end of his visit • the applicant, his sponsor (if he is visiting a friend or relative) or other immediate family member has, or has attempted to, deceive the Home Office in a previous application for entry clearance, leave to enter or leave to remain • there are discrepancies between the statements made by the applicant and the statements made by the sponsor, particularly on points where the sponsor could reasonably be expected to know the facts but does not • it has not been possible to verify information provided by the applicant despite attempts to do so • the information that has been provided or the reasons stated by the applicant are not credible • a search of the applicant’s baggage and vehicle at the border reveals items that demonstrate an intention to work and/or live in the UK. 4.2 (e) sufficient funds to cover all reasonable costs in relation to his visit without working or accessing public funds

What questions should you ask? (a) where the applicant will be staying; (b) the costs likely to be incurred, including any on-going financial commitments the applicant may have in his country of residence, such as rent or mortgage payments and any dependants whom the applicant supports financially, including those who are not travelling with him; (c) the sources of revenue that are available to the applicant. Incomes and savings minus his financial commitments

Third Party Assistance V 4.3 3rd parties Paragraph V 4.3 provides that an applicant’s travel, maintenance and accommodation V 4.3 may be provided by a third party, as long as that third party:

(a) has a genuine professional or personal relationship with the visitor; and (b) is not, or will not be, in breach of UK immigration laws at the time of decision or the visitor’s entry to the UK; and (c) can and will provide support to the applicant for the intended duration of his stay.

HO guidance: should consider the relationship between the applicant and the third party sponsor (including, if appropriate, where they met, and how often and by what method they communicate), and the third party’s previous history of ‘sponsoring’ visitors (as previous failures to support visitors may call into question the sponsor’s intention and ability to do so for this applicant) Prohibited activities

V4.4 Work

Payment

Includes: • taking employment in the UK • doing work for an organisation or business in the UK • establishing or running a business as a self-employed person • doing a work placement or an internship • direct selling to the public and providing goods and services. The applicant must not receive payment from a UK source for any activities undertaken in the UK, except for the following:

(a) reasonable expenses to cover the cost of the applicant’s travel and subsistence, including fees for directors attending board-level meetings; (b) prize money; (c) billing a UK client for the applicant’s time in the UK, where the applicant’s overseas employer is contracted to provide services to a UK company and the majority of the contract work is carried out overseas. Payment must be lower than the amount of the applicant’s salary; (d) where the applicant is employed by a multi-national company that, for administrative reasons, handles payment of its employees’ salaries from the UK; (e) where the applicant is engaged in Permitted Paid Engagements (see 5.11), provided the applicant holds a visa or leave to enter in this category; or (f ) paid performances at a permit-free festival (see 5.4.11). Permitted activities Pg 521 PA 2- Tourism and leisure PA 3- Volunteering PA 4- Business general activities PA 5 - Business: intra-corporate activities PA 7- Manufacture and supply goods to the UK PA 8- Clients of UK export companies PA 10- work related training PA 11- Science and academia PA 12- Legal PA 13- Religion PA 14 – Creative PA 15- sports PA 16- medical treatment and organ donation PA 17- Study as a visitor PA 18- Transit Child Visitor (Ch 5.5) -

need additional requirements than a standard visitor demonstrate adequate arrangements have been made for his travel to, reception in and care in the UK o Home Office guidance is that where there are no other factors giving cause for concern, this requirement may simply involve the inclusion of the child in the travel and accommodation arrangements of the parent(s), relative(s) or friend(s) accompanying him, or a letter from a relative or friend at the UK address, inviting the child to visit. - where requested consent must be given by parent who has residence or legal custody or sole responsibility for the child Private Medical Treatment Visitor (Ch 5.6) - See V7 pg 516 for docs needed Requirements - He must also not be a danger to the public health V7 - Proposed course of treatment is of finite duration Organ Donor Visitor (Ch 5.7) Requirements - See V8 - HO guidance is that the genetic relationship exists where the donar is a blood V8 relative to the identified recipient in UK - Where a family member, friend or nurse is to accompany the applicant, he must apply as a standard visitor

Requirements V5

Studying for MORE than 6 months (ch 5.9) Requirements - must be highly qualified within their field of expertise and working in that area V10 before entering the UK. This will generally apply to people with at least a PhD in their field - must first meet standard requirement - may have to provide medical certificate Marriage or Civil Partnership Requirements - An applicant must meet the requirements for a standard visitor (see 5.2). An V12 applicant must be aged 18 or over. - An applicant must satisfy the decision maker that he intends, within the validity period covered by his visit visa, to give notice of marriage or civil partnership, or to marry or form a civil partnership. That must not be a sham marriage or sham civil partnership (see 5.10.1.1). - On arrival in the UK, a visitor coming to marry or form a civil partnership, or give notice of this in the UK, must have a valid visit visa endorsed with this purpose and the name of his or her fiancé(e) or proposed civil partner. Permitted Paid engagements (Ch 5.11) Requirements - An applicant must meet the requirements for a standard visitor (see 5.2). An V 13 applicant must intend to do one or more of the permitted paid engagements set out in para V 13.3 of Appendix V: Visitor to the Immigration Rules. The activity must be: (a) arranged before the applicant travels to the UK, (b) declared as part of the application for a visit visa or leave to enter; and (c) evidenced by a formal invitation as required by para V 13.2. In addition, the activity must relate to the applicant’s area of expertise and occupation overseas. An applicant must not be a child. This is an alternative route to requiring sponsorship under the points-based system for these activities (see Chapter 7). Transit visitor - Who is a visitor in transit? This refers to any passenger whose sole purpose is to pass Requirements V14 through the UK within 48 hours and who either: (a) arrives at one port or airport and needs to transfer to another port or airport to continue his journey; or (b) wishes to spend the time between his arrival and embarkation outside the transit area (ie pass through immigration controls at the port or airport) Short term study visa (upto 6 months) (ch 5.13) Requirements 3 potentials: V9 (a) a short-term student (six months) for applicants aged 18 and over for a maximum of six months’ study; (b) a short-term student (11 months) for applicants aged 18 and over for a maximum of 11 months’ English language study only (see Appendix Short-term Student (English Language)); (c) a short-term student (child) for applicants aged under 18 for a maximum of six months’ study.

APPENDIX V: VISITOR Key provisions Entry requirements – V1 Validity requirements -V2 Suitability- V3 Eligibility- V4.1 Genuineness- V4.2 Prohibited activities- V4.4 Additional requirements-

Periods and conditions of grant for visitors – V 17.2

PREP WORK potentially fail the genuineness requirement in paragraph V 4.2 of Appendix V of the Immigration Rules. To assist you, Appendix V of the Immigration Rules and extracts from the UKVI Home Office Guidance on Visits are attached. Structure 1. Look at Appendix V 4 and see what applies 2. Apply it to the facts 3. Then look at the guidance extract they give in guide to add detail

Refer to or make a new key provision for Appendix V so its easy to locate in the exam EXEMPLAR Relevant Fact/s

Over the last year, the applicant has entered the UK to visit on four occasions with only a gap of a few weeks between visits.

Relevant Law: Appendix Visitor and UKVI Visit Guidance

Paragraph V 4.2(b): has the applicant lived in the UK for extended periods through frequent or successive visits, or made the UK their main home given over the last year the applicant has

entered the UK to visit on four occasions with only a gap of a few weeks between visits?

Guidance: “the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country.”

[“the purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK” / “There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application.”] (4 marks)

The applicant was removed from Canada last year and refused access to the United States of America two years ago.

1 mark] V 4.2(a) [1 mark] will the applicant leave the UK at the end of their visit [1 mark] given their failure to leave Canada voluntarily last year? Issue as they have to be satisfied that the applicant has an intention to return

[1 mark] V4.2(c) [1 mark] is the applicant genuinely seeking entry for a purpose that is permitted by the visitor routes [1 mark] given they were refused access to the United States of America two years ago? There has toa be a purpose to that visit

[1 mark] Guidance: “If an applicant has previously failed to comply with another country’s immigration law, for example if they have been removed from another country, or if they have been refused entry to another country, this may suggest that an applicant is not a genuine visitor (depending on the circumstances)”.

(7 marks)

On a previous visit, the applicant registered with a local doctor and dentist.

[1 mark] Paragraph V4.2(b): [1 mark] has the applicant made the UK their main home [ 1 mark] given they have registered with a local doctor and dentist? They left previously, registered with dentist and doctor.

[1 mark] Guidance: “evidence the UK is their main place of residence, for example: if they have registered with a general practitioner (GP)”.

(4 marks)

The applicant is a single person who has just graduated from university in their home country. They have no job or further study arranged in their home country. Their parents and siblings are living in the UK.

[1 mark] V 4.2(a) [1 mark] will the applicant leave the UK at the end of their visit given that [1 mark] the applicant’s ties are with the UK as their parents and siblings are here and [1 mark] the applicant has no economic ties to their home country as they have no job or further study arranged there.

[1 mark] Guidance: “the applicant has few or no family and economic ties to their country of residence, and has several family members in the UK - for example a person with most of their family in the UK and no job or study in their own country may be considered to have few ties.”

(5 marks)

The applicant has in their home country several relatives who are financially dependent on the applicant and the applicant makes monthly mortgage payments on a property that they own in their home country. The applicant has a one-way airline ticket to the UK. The applicant says that a wealthy, distant relative in the UK will help fund their

[1 mark] Para.V4.2(e) [1 mark] does the applicant have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds? This includes [1 mark] the cost of the return or onward journey but the applicant only has a one-way ticket to the UK and [1 mark] the costs relating to dependants that the applicant has at home.

visit. [1 mark] Para. V 4.3 the applicant’s travel, maintenance and accommodation may be provided by a third party where the decision maker is satisfied that they: [1 mark] (a) have a genuine [professional or] personal relationship with the visitor – how distant is the relative? [1 mark] (b) are not, or will not be, in breach of UK immigration laws at the time of decision or the visitor’s entry to the UK – what is their immigration status in the UK? [1 mark] (c) can and will provide support to the visitor for the intended duration of their stay – how “wealthy” are they?

[1 mark] Guidance: “You must also take into account any ongoing financial commitments the applicant has in their country of residence such as rent/ mortgage payments and any dependants who they support financially, including those who are not travelling with them.”

[1 mark] Guidance: “Maintenance and accommodation support can be provided by a third party, including family members, friends and other people with whom the applicant has a genuine personal or professional relationship. If the third party is in the UK, they must not be in breach of immigration law at the time of the decision on the visitor’s application, or their entry to the UK. Where that is not the case, the support must be discounted.” [1 mark] Guidance: “To assess whether the relationship is genuine and whether the third party intends to provide support consider: • the third party’s previous history of ‘sponsoring’ visitors - for example, previous failures to support visitors may call into question their intention and ability to do so for this application • the relationship between the applicant and the third party”

OR “For visa applications, you may want to check with the applicant or third party: • where they met • how often and by what method they communicate.”

[1 mark] Guidance: “If the third party is an individual such as a friend or family member providing financial support for the visitor, they must satisfy you that they have enough funds available to adequately support themselves and anyone normally dependent on them, as well as the visitor.”

(12 marks)

The applicant seeks entry to work as a parttime unpaid volunteer at a charity.

1 mark] Para. V4.2(c) [1 mark] is the applicant genuinely seeking entry for a purpose that is permitted by the visitor route? [1 mark] Para V4.2(d) [1 mark] will the applicant be undertaking any of the prohibited activities set out in V 4.4 – V 4.6? [1 mark] Para V4.4(a) provides that the applicant must not intend to work in the UK [1 mark] unless expressly allowed by the permitted activities in Appendix Visitor: Permitted Activities [1 mark] Appendix Visitor: Permitted Activities provides that a visitor may undertake [1 mark] volunteering provided it lasts no more than 30 days in total – so what does “part time” mean here? and [1 mark] is for a charity that is

registered with either the Charity Commission for England and Wales; the Charity Commission for Northern Ireland; or the Office of the Scottish Charity Regulator – so is the charity in question so registered?

(9 marks)

TASK 1 Visa National List- pg 525 1.

Annabel, a citizen of Jamaica, does not need to obtain a visitor visa before travelling to the UK to stay for 3 months as she can seek leave to enter on arriving in the UK. [4 marks] Under 6 month visit FALSE As a Jamaican citizen, Annabel is a visa national As Jamaica is on the visa list in Appendix Visitor: Visa national list Appendix V: Visitor para V 1.1 provides that a visa national must obtain a visit visa before they arrive in the UK.

2.

Bob, a citizen of Canada, will need to obtain a visitor visa before seeking to travel to the UK to stay for 9 months. [5 marks] Over 6 month visit TRUE Whilst Bob as a Canadian citizen is not a visa national / is a non-visa national As Canada is not on the visa list in Appendix Visitor: Visa national list Appendix V: Visitor paragraph V 1.1 provides that a non-visa national may apply for a visit visa, but is not required to unless they are (c) seeking to visit the UK for more than 6 months.

3.

Clive aged 32, is an expert in Human Resource Management and employed in that field in his home country. Clive could seek to enter the UK for up to 1 month for the reason that he stated in his visa application that he has a formal, written invitation from a Higher Education Institution in London to give a one-off lecture entitled, “Human Resource Management Systems: Fit for Purpose?” [10 marks] Permitted paid engagement TRUE By Appendix V: Visitor para V 4.4, Clive must not intend to (a) work in the UK unless expressly allowed by the permitted activities in Appendix Visitor: Permitted Activities, Appendix Visitor: Permit Free Festivals or the Permitted Paid Engagements in V 13.3;

By Appendix V: Visitor paragraph V 13.2, Clive intends to do one of the permitted paid engagements (PPE) se...