Understanding UK Visit Visas

Understanding UK Visit Visas

We are examining the common issues that may result in a visit visa refusal. A visitor must be a genuine visitor, meaning they must intend to leave the United Kingdom at the end of their visit and will not make the United Kingdom their home through successive and frequent visits. Furthermore, visitors must not undertake any prohibited activities, such as work (unless for permitted business purposes). Please read below for a more in-depth explanation.

2. Purpose of the Visit: Why Clarity Matters for Your Visit Visa

The purpose of a visit and the intended length of the visit should be clearly stated and demonstrated by evidence in a visit visa application. Insufficient detail regarding the purpose of the visit may raise concerns that could lead to a refusal, such as doubts about the intended duration of the visit or the plans made, including accommodation and funding arrangements. If the purpose of the visit is unclear, it may be assumed that the applicant is not being honest about their intention to visit the UK solely for tourism or another permitted reason. This can result in a refusal, and in some cases, even an accusation of deception.

If applying for a multiple-entry visitor visa, applicants also need to provide evidence of the reasons for repeated visits to the UK, and explain that these are consistent with being a genuine visitor. 

The intended purpose of a visit must fall within the permitted activities for visitors and not be prohibited. To read more on what activities are permitted on visits, please see our previous UK Visit Visa: What Activities Are Permitted? You may also be interested in our previous article UK Visitor Visa Rules for Paid Engagements. Similarly, we have also produced an article about the rules on working in the UK as a visitor entitled New Rules for UK Visitors: Working on a Visit Visa.

3. Evidential Burden: Proving Your Visit Visa Case

Visit visa applications are often underestimated in terms of the amount of evidence to be provided. There is no ‘specified evidence’ for a visit visa application, but to avoid refusals, applicants should consider providing evidence of:

• The applicant’s reasons for wanting to visit the UK;
• The applicant’s family ties to their country of residence;
• Evidence of any work or other economic ties or income in the country of residence;
• Any other reasons the applicant has to return to their country of residence;
• The applicant’s financial position;
• The likely cost of the visit to the applicant (and anyone else who will be contributing to the cost of the visit);
• The reasons for previous visits and, in particular, the reasons for previously staying longer than planned on previous visits (if applicable).

4. The Genuine Visitor Requirement for a Visit Visa

A visitor to the UK must satisfy the Home Office that they are a ‘genuine visitor’. The Home Office will look at a variety of factors when assessing whether an applicant has a genuine intention to visit, including the information and evidence provided in the visit visa application, as well as information held by the Home Office, such as the applicant’s travel history and records of compliance. 

Appendix V: Visitor of the Immigration Rules states with regard to the Genuine visitor requirement: 

V 4.2. “The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:

(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
(c) is genuinely seeking entry for a purpose that is permitted by the visitor routes: Permitted Activities and at V 13.3; and
(d) will not undertake any prohibited activities set out in V 4.4. to V 4.6 and
(e) must have sufficient funds to cover all reasonable costs about their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependents, and the cost of planned activities such as private medical treatment. The applicant must show that any funds they rely upon are held in a financial institution permitted under FIN 2.1 in Appendix Finance.”

The following factors will be considered, as outlined by the Home Office Guidance, when assessing whether the applicant is a ‘genuine visitor’:

• their previous immigration history, including visits to the UK and other countries 
• the duration of previous visits and whether this was significantly longer than they originally stated on their visa application or on arrival – if this is the case, you should not automatically presume that the visitor is not genuine, but this may be a reason to question the applicant’s overall intentions 
• their financial circumstances as well as their family, social and economic background 
• their personal and economic ties to their country of residence 
• the cumulative period of time the applicant has visited the UK and their pattern of travel over the last 12-month period, and whether this amounts to ‘de-facto’ residence in the UK 
• whether, on the balance of probabilities, the information and the reasons for the visit or for extending their stay provided by the applicant are credible and correspond to their personal, family, social and economic backgrounds, maintenance and accommodation for the duration of their stay

The Home Office Guidance outlines reasons for doubting whether an applicant is a ‘genuine visitor’:

“if: 

• 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 studies in their own country may be considered to have few ties to their home country 

• the applicant, their sponsor (if they are 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, permission to enter or stay

• 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 for the visit stated by the applicant are not credible 

• a search of the applicant’s baggage and vehicle at the border reveals items which demonstrate they intend to work or live in the UK”

5. Demonstrating Strong Home Country Ties 

The applicant should appropriately demonstrate they have strong ties to their country of residence and therefore reasons to return to it. This could include personal, economic, financial, and community ties to their country of residence. Examples of strong ties may include but is not limited to: 

• Ongoing employment;
• Business ties; 
• Property ties;
• Family ties;
• Caring responsibilities; 
• Education ties; 

If an applicant has not indicated and evidenced that they have strong ties to their home country, this may lead to an assumption that the applicant has nothing to return to and thus intends to live in the UK, leading to a refusal. Sufficient evidence of ties to the applicant’s home country should be provided. Our immigration barristers have expertise in discharging the burden of evidencing an applicant’s home country ties.

6. Financial Evidence: Avoiding Common Visit Visa Refusal Reasons

As stated, the applicant’s financial background will be considered carefully, as well as how the prospective visit will be funded. The applicant’s travel, maintenance, and accommodation costs will be considered when assessing sufficient funds.

The applicant must show that any funds they rely upon are held in a financial institution permitted under FIN 2.1 in Appendix Finance. 

FIN 2.1. “Funds will not be considered if they are held in a financial institution where any of the following apply:

(a) the decision maker is unable to make satisfactory verification checks; or

(b) the financial institution is not regulated by the appropriate regulatory body for the country in which that institution is operating; or

(c) the financial institution does not use electronic record keeping.”

The origin of funds deposited or transferred into bank accounts may be called into question, or the financial institution may fail to meet the above. It is therefore important to submit clear evidence and explanations regarding the applicant’s financial circumstances and any costs for the visit. Evidence should be submitted for how the visit will be funded and about the applicant’s financial circumstances in their home country (such as through ongoing employment or any other income).

Reasons for refusal which question the applicant’s finances are likely to be rooted in the concern that the applicant may not be intending to visit but rather is intending to work – working is prohibited for visitors except in very limited circumstances. 

7. Frequent and Successive Visits

The applicant must convince the Home Office that they will return to their home country at the end of the visit. The Home Office caseworker will check the applicant’s travel history, including how long they are spending in the UK and how frequently they are returning. They will assess whether the applicant is in effect living in the UK through ‘frequent or successive visits’ or making the UK their main home. 

The Home Office will assess the following: 

• the stated purpose of the visit and intended length of stay 
• 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 applicant’s home country or trips out of the Common Travel Area and if these are used only to seek re-entry to the UK 
• the links they have with their home country – considering especially any long-term commitments and where the applicant is registered for tax purposes 
• evidence the UK is their main place of residence, for example
  • if they have registered with a general practitioner (GP) 
  • if they send their children to UK schools 
• the history of previous applications

8. Travel and Immigration History 

As stated, the Home Office will consider an applicant’s immigration history, including their compliance with immigration conditions during previous visits to the UK and other countries. This includes the duration of previous visits, particularly if they were significantly longer than originally stated on the visa application, as well as the total time the applicant has spent in the UK and their travel patterns over the preceding 12 months.

There is no specified maximum period which an individual can spend in the UK in any 1-year period. Nevertheless, if an applicant is spending more time in the UK than in their home country this may raise concerns and could lead to a refusal. 

9. What Should I Do After A Visit Visa Refusal? 

There are potentially three avenues after receiving a visit visa refusal: 

1. A fresh application; 
2. Appeal;
3. Judicial Review; 

For the purposes of this article, only a fresh application and Judicial Review will be discussed, as there are typically limited appeal rights in relation to visit visa applications. 

Fresh application 

A fresh application following a visit visa refusal must appropriately deal with the concerns raised in the previous reasons for refusal. The reasons for refusal will vary depending on the specific facts. Thus it is advisable that applicants seek legal advice to understand the specific reasons for refusal and how these issues can be addressed in a future application. 

Providing ample evidence and explanation in the fresh visit visa application complying with the visit visa Immigration Rules, should satisfy the Home Office that the applicant is a ‘genuine visitor’ despite previous refusals.

Judicial Review 

It is possible to challenge the visit visa refusal by way of Judicial Review. However, this is a fairly involved and expensive process, which contains several stages and can take a very long time to be completed. 

New evidence cannot generally be added after the date that the application is made. Therefore, the Judicial Review would be limited to the documents which were submitted in the application and before the Home Office at the time of their decision. 

It is therefore very important to make sure that visit visa applications are carefully prepared and supported by detailed evidence and explanation in case of a refusal.

In this article we have highlighted some of the key reasons for a visit visa application being refused and the measures one can take after receiving a visit visa refusal.

For expert advice in relation to UK visa applications or immigration appeals for the visit route, please contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.