As immigration advisers, we frequently support applicants who face difficulties securing UK visitor visas, as it is one of the most frequently refused visas applied for. While each case is assessed on its own merits, there are recurring issues that often explain why applications are refused—and being aware of these could make all the difference.
So, what is a Standard Visitor Visa? The standard visitor visa allows individuals to stay in the UK for up to six months. Within this route there are sub-categories depending upon the main purpose of your intended visit. For example the most common reason is to visit family and friends who live here and for the tourism that often accompanies these short trips. Although as a general rule, paid work is not permitted for visitors, you can undertake certain short-term business activities, such as training and attending meetings. You can also apply for a marriage visit visa, for those who wish to be married here but then intend to live outside of the UK. Applicants may also apply to receive private medical treatment that may not be available in their country of origin
A problem that we as advisers often come across is when visitors try to extend their stay by switching into a longer-term visa route, for example as the partner of a person settled in the UK – this under the Immigration Rules is not permitted and those seeking to remain here for longer than 6 months must apply from abroad; more specifically in their country of origin or from a country where they have residential immigration status. Incidentally this last requirement is not necessary when applying to come to the UK as visitor. You can apply from any country, even if you are a visitor in that country yourself.
Visitors to the UK can currently be said to fall into two broad categories based on nationality: Visa Nationals must apply for Entry Clearance in advance. This includes citizens from the majority of countries around the world incl. Bangladesh, China, India, Pakistan and South Africa. ETA Nationals – these are nationals of what used to be referred to as ‘non-visa national’ countries such as those within the EU, the US, Canada or Australia who require electronic travel authorisation in order to travel to the UK, but do not require a pre-approved visit visa as Visa Nationals do.
Common Reasons for Refusal
The single biggest hurdle for the applicant is to prove beyond reasonable doubt that they are indeed a ‘genuine visitor’. This in itself has many different facets, all of which are scrutinised and all of which must convince the caseworker that applicant has an strong enough intention to return to their country of origin and at the time that they have stated they will within the application form. An inability to prove a genuine intention as a visitor is often the result of one or more of the following:
Insufficient Funds or Inconsistent funds : Applicants must show they can afford their trip without working and it is often the case that the ‘sponsor’, that is the person based in the UK, will provide most of the financial backing for the trip. However, the case is given much greater credence if the applicant is also able to show that they are financially solvent. The benefit to doing this is two-fold as it shows that not only will they not be inclined to work whilst they are here but also that they live an independent life of their own in their country of origin and will have every reason to return to it. Of course by stating that you are financially self-sufficient you must then corroborate this through consistently accurate evidence which then gives added credibility to the basis of your application.
A Lack of Clear Purpose: Failing to articulate the main reason for the visit and provide evidence can raise doubts. Sometimes this can be straightforward as the applicant has a specific reason or event behind the visit for example a relative or close friend’s wedding or special birthday, perhaps a nephew, niece or grandchild who is graduating; a series of seminars or workshops based on your employment. Whatever the reason, it needs to be clear and substantive and of course evidenced to the extent that it leaves the decision-maker in no doubt as to the genuineness behind the purpose of your visit.
Weak Home Ties: The absence of a job/studies, property or family connections in the applicant’s home country will be seen by the caseworker as a risk factor. This is even more so when they have close family in the UK. We often see spouses making visit visa applications which are refused and this is due to the fact that for the caseworker they already see that the applicant has a very good reason not to leave once they are here. They will be asking themselves ‘Why is this person not already here with their partner on a longer-term visa? Do they not want to go through the lengthier and more expensive application process? This may well not be the case and the applicant may have a very good reason for not living in the UK with their partner, but if they do, then it needs to be explained and backed up with conclusive evidence in order to have any realistic chance of approval.
Poor Immigration History: A past record of overstaying or visa refusals are red flags for Home Office caseworkers but not insurmountable obstacles, if there was a genuinely compelling reason behind what happened in those instances. It is stated by the Home Office that each application is looked at independently and upon its own merit. So, the fact that you have been refused a visit visa before does not mean that you will automatically be refused again purely on that basis. However, it is highly likely that this will happen if you fail to address the circumstances which were the cause of the previous refusal. It is also much more difficult to be approved if the reason you were refused is deemed to have merited an entry ban i.e. as the result of having used deception, whether wilfully or otherwise, to conceal information that was important to your case.
Should you wish to engage professional legal advice or representation for your own visit visa application, please do contact us via the website or directly on 01225 256800 to speak to an experienced and accredited adviser.
