Immigration Rules for visitors travelling to the United Kingdom are frequently updated by the Home Office. Appendix V: Visitor has been in effect since 24 April 2015, following the codification of the Visitor route under the appendix system. As visitors make up the largest percentage of people entering the UK at the time of writing, it is important to understand the structure and content of this section of the Immigration Rules.
Structure of Appendix V
Appendix V has its own set of appendices and these collectively attempt to set out the legal requirements for making an immigration application as a visitor in plain and simple language. At the time of writing navigation of Appendix V is not helped by the use on GOV.UK of pdf documents and the lack of a contents page with internal hyperlinks. The current structure is:
- Introduction
- Part V 1. Entry requirements for Visitors
- Part V 2. Validity requirements for entry clearance or permission to stay as a Visitor
- Part V 3. Suitability requirements for all Visitors
- Part V 4.1. Eligibility requirements for Visitors
- Part V 4.2. Genuine visitor requirement
- Part V 4.4. Prohibited activities and payment requirements for Visitors
- Part V 5. Additional eligibility requirements for children
- Part V 6. Additional eligibility requirement for Visitors under the Approved Destination Status Agreement
- Part V 7. Additional eligibility requirements for Visitors coming to the UK to receive private medical treatment
- Part V 8. Additional eligibility requirements for Visitors coming to the UK to donate an organ
- Part V 9. Additional eligibility requirements for Visitors coming to the UK to study for up to six months
- Part V 10. Additional eligibility requirements for academics seeking to come to the UK for more than 6 months
- Part V 11. Additional eligibility requirements for Visitors coming to the UK for work related training
- Part V 12. Additional eligibility requirement for Visitors coming to the UK for purpose of marriage or civil partnership
- Part V 13. Additional eligibility requirement for Visitors coming to the UK for Permitted Paid Engagements
- Part V 14. Eligibility requirement for Visitors coming to the UK to transit
- Part V 15. Additional eligibility requirements for permission to stay as a Visitor
- Part V 16. Decision
- Part V 17. Period and conditions of grant for Visitors
Also relevant to Visitors are the following related appendices:
- Appendix Visitor: Permitted Activities;
- Appendix Visitor: Visa national list;
- Appendix Visitor: Permit Free Festival List; and
- Appendix Visitor: Transit Without Visa Scheme.
Where to find law and policy on visitors
Appendix V to the Immigration Rules sets out the formal legal requirements for visitors. The Home Office also publishes guidance for its own staff on how to make decisions and apply the law (Visit Guidance and Considering human rights claims in visit applications) and also guidance for applicants on what documents to submit with an application (Visit visa: guide to supporting documents).
Administrative requirements for visitors
Part V 1 sets out some of the administrative and formal legal requirements for visitors about what they need to do to enter the UK. It explains the need to obtain permission to enter the UK with either a visit visa or leave to enter, that visa nationals must apply for a visit visa before travelling and that non-visa nationals may apply before travelling but do not need to except in certain circumstances.
Part V 2 tells an applicant about validity requirements for entry clearance from overseas or permission to stay from within the UK, including how to make a visit visa application (apply online, pay the fee, etc.), where entry clearance and permission to stay applications can be submitted and that applications which do not meet all validity requirements may be rejected.
What is a visitor anyway?
The introduction to Appendix V opens with a pithy and plain language definition of what a visitor is and is not considered to be:
This route is for a person who wants to visit the UK for a temporary period, (usually for up to 6 months), for purposes such as tourism, visiting friends or family, carrying out a business activity, or undertaking a short course of study…
Visitors cannot work in the UK unless this is expressly allowed under the permitted activities set out in Appendix Visitor: Permitted Activities.
The rest of Appendix V then struggles to define in both positive and negative terms what a visitor is and is not, drawing on Austen-esque language such as ‘suitability’ and ‘eligibility’ and subcategorising different types of visitor.
Part V 4 continues the attempt to define what a visitor is and is not with the “genuine intention to visit” requirement and requires that the applicant meet all of the following criteria:
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 or stay for a purpose that is permitted under the Visitor route as set out in Appendix Visitor: Permitted Activities and at V 133.; and
d) will not undertake any of the prohibited activities set out in V 4.4. to V 4.6.; and
e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, 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 funds can be provided by a third party — often referred to as a sponsor — if the third party has a genuine professional or personal relationship with the visitor, is legally present in the UK (or will be at the time of the visitor’s entry) and can and will provide support for the intended duration of the visitor’s stay: see paragraph V4.3. An undertaking may be requested of the sponsor.
These requirements apply to all the categories of visitors, but some of the different categories also have additional criteria they must meet, described below.
Categories of visitor
There are four categories under the visitor route:
- Standard Visitor;
- Marriage/Civil Partnership Visitor;
- Permitted Paid Engagements (PPE) Visitor; and
- Transit Visitor.
Different periods of leave might be granted to different types of visitors:
Type of visit | Maximum length of stay |
Standard Visitor | Up to 6 months, except: (i) a visitor who is coming to the UK for private medical treatment may be granted a visit visa of up to 11 months; or (ii) an academic, who is employed by an overseas institution and is carrying out the specific permitted activities in Appendix Visitor: Permitted Activities at PA 11.2. , along with their spouse or partner and children, may be granted a visit visa of up to 12 months; or (iii) a visitor under the Approved Destination Status Agreement (ADS Agreement) may be granted a visit visa for a period of up to 30 days. |
Marriage/Civil Partnership Visitor | Up to 6 months |
Permitted Paid Engagement (PPE) Visitor | Up to 1 month |
Transit Visitor | Up to 48 hours, except for leave to enter as a transit visitor under the Transit Without Visa (TWOV) Scheme which may be granted until 23:59 hours on the next day after the day the applicant arrived. |
Here we can see that the supposed simplicity of the new visit visa categories breaks down and we can see that there are some subcategories. Standard visitors and transit visitors both have different subcategories of visitors within them.
Standard visitors
The “standard visitor” category actually includes several subcategories each of which has additional qualifying criteria. Basically, if a visitor is coming to the UK as a visitor for one of several defined reasons as set out below they will have to meet certain additional requirements over and above a normal standard visitor. If not coming to the UK for one of the defined reasons then the visitor will be a true “standard” visitor.
Marriage and civil partnership visitors
Marriage and civil partnership visitors are allowed to do any of the activities listed in Appendix Visitor: Permitted Activities that a standard visitor can do, but they must also meet the additional requirements of Part V12. These are that they must hold a valid visit visa as a marriage and civil partner visitor and:
(a) intend to give notice of marriage or civil partnership; or
(b) intend to marry or form a civil partnership; and
(c) do not intend to give notice of or enter into a sham marriage or sham civil partnership, within the validity period covered by their visit visa.
Permitted Paid Engagement (PPE) visitors
PPE visitors are allowed to do any of the activities listed in Appendix Visitor: Permitted Activities that a standard visitor can do, but they must also meet the additional requirements of Part V 13:
An applicant must intend to do one (or more) of the permitted paid engagements set out in V 13.3. which must be:
a) arranged before the applicant travels to the UK; and
b) declared as part of the application for entry clearance or permission to enter the UK; and
c) evidenced by a formal invitation, as requird by V 13.3.; and
d) relate to the applicant’s area of expertise and occupation overseas.
Part V 13.3. then sets out what is meant by a “permitted paid engagement” for the purpose of a visit visa:
a) an academic who is highly qualified within their field of expertise, coming to examine students and/or participate in or chair selection panels, and have been invited by a UK higher education institution, or a UK-based research or arts organisation as part of that institution or organisation’s quality assurance processes; and
b) an expert coming to give lectures in their subject area, where they have been invited by a higher education institution, or a UK-based research or arts organisation, and this does not amount to filling a teaching position for the host organisation; and
c) an overseas designated pilot examiner coming to assess UK-based pilots to ensure they meet the national aviation regulatory requirements of other countries, where they have been invited by an approved training organisation based in the UK that is regulated by the UK Civil Aviation Authority for that purpose; and
d) a qualified lawyer coming to provide advocacy for a court or tribunal hearing, arbitration or other form of dispute resolution for legal proceedings within the UK, where they have been invited by a client; and
e) a professional artist, entertainer, or musician coming to carry out an activity directly relating to their profession, where they have been invited by a creative (arts or entertainment) organisation, agent or broadcaster based in the UK; and
f) a Professional Sportsperson coming to carry out an activity directly relating to their profession, where they have been invited by a sports organisation, agent, or broadcaster based in the UK.
Children cannot be PPE visitors.
Transit visitors
Part V 14 deals with transit visitors, who are defined as follows:
A transit visitor is a person who seeks to travel via the UK en route to another destination country outside the common travel area.
Reference is made to Direct Airside Transit Visas which can be obtained if the traveller will stay “airside” and never formally enter the UK. Otherwise, a transit visit visa must be applied for in advance of travel or those who qualify for the transit without visa scheme can apply for leave to enter on arrival.
To qualify for entry clearance or permission to enter as a Transit Visitor, the traveller must show they:
a) are genuinlely in transit to another country outside the Common Travel Area, meaning the main purpose of their visit is to transit the UK (passing through immigration control) and that the applicant is taking a reasonable transit route; and
b) will not access public funds or medical treatment, work or study in the UK; and
c) genuinely intend and are able to leave the UK within 48 hours after their arrival; and
d) are assured entry to their country of destination and any other countries they are transiting on their way there.
The Transit Without Visa Scheme also has additional requirements which are set out in Appendix Visitor: Transit Without Visa Scheme.
Suitability requirements for visitors
Part V 3 is entitled “suitability requirements for all Visitors”. Jane Austen must be turning in her grave. In fact, this part reintroduces the general grounds for refusal from Part 9 of the Immigration Rules but in plain English. This mandates or requires refusal of an application in some circumstances (‘will be refused’) and enables discretionary refusal (‘will normally be refused’) of an application in some circumstances. If applying for permission to stay, Part V 3.2. notes that the applicant must additionally not be in breach of immigration laws, except where paragraph 39E applies and overstay will be disregarded and not on immigration bail.
It is worth making representations for a ‘will normally be refused’ application because there is discretion to grant the application and even if refused an appeal might potentially succeed. Where a refusal is mandatory, it would be very exceptional for an application to be granted, but it may be possible in some circumstances where the refusal is based on previous convictions, such as those not recognised in the UK.
What can and can’t visitors do in the UK?
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The rules on what visitors can and cannot do are complex. Because of the ‘negative freedom’ way in which the law operates so as to allow all things which are not specifically prohibited, it is sensible to start with the specific activities that visitors are prohibited from carrying out. Conceptually, visitors are then permitted to carry out any other activity.
There is a distinction between breach of a formal condition stated on a visa and doing something that is not permitted under the Immigration Rules for a particular type of visitor. The former is a criminal offence under section 24 of the Immigration Act 1971. The latter is a breach of the Immigration Rules and a breach of trust, effectively, and will have adverse future immigration implications if discovered by the Home Office. It is not a criminal offence, however.
Extension of stay as a visitor
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It is possible to extend stay as a visitor only in very limited circumstances under the rules. The following extensions of stay are permissible:
a) a Standard Visitor or a Marriage/Civil Partnership Visitor, who was granted permission for less than 6 months may be granted permission to stay for a period which results in the total period they can remain in the UK (including both the original grant and the extension) not exceeding 6 months; and
b) a Standard Visitor who is in the UK for private medical treatment may be granted permission to stay as a Visitor for a further 6 months, provided the purpose is for private medical treatment; and
c) a Standard Visitor who is in the UK to undertake the activities in Appendix Visitor: Permitted Activities at PA 11.2. or the accompanying partner or child of such a Standard Visitor, may be granted permission to stay for a period which results in the total period they can remain in the UK (including both the original grant and the extension) not exceeding 12 months; and
d) a Standard Visitor may be granted permission to stay as a Visitor for up to 6 months in order to resit the Professional and Linguistic Assessment Board Test; and
e) a Standard Visitor who is successful in the Professional and Linguistic Assessment Board Test may be granted permission to stay as a Visitor to undertake the activities in PA 10.1. (a) for a period which results in the total period they can remain in the UK (including both the original grant and the extension) not exceeding 18 months.
There is no provision in the rules for extensions of stay beyond these limits.
Cancellation and curtailment
Visit visas can be cancelled or curtailed in certain circumstances. These are set out in the Immigration Rules part 9: grounds for refusal.
Cancellation while outside the UK or on arrival may occur where:
- there has been such a change in the circumstances of the case since the visit visa or leave to enter or remain was granted that the basis of the visitor’s claim to admission or stay has been removed and the visa or leave should be cancelled;
- the visitor holds a visit visa and their purpose in arriving in the United Kingdom is different from the purpose specified in the visit visa;
- false representations were made or false documents or information submitted (whether or not material to the application, and whether or not to the applicant’s knowledge);
- material facts were not disclosed;
- it is undesirable to admit the visitor to the UK for medical reasons, unless there are strong compassionate reasons justifying admission;
- conducive to the public good criteria apply; and
- the person is outside the UK and there is a failure to supply any information, documents, or medical reports requested by a decision maker.
Curtailment within the UK may occur where:
- false representations are made or material facts are not disclosed as above;
- the visitor ceases to meet the requirements of the Visitor Rules;
- the visitor fails to comply with any conditions of their leave to enter or remain; and
- conducive to public good criteria apply, in particular if the visitor has committed a criminal offence and received a sentence of imprisonment, but also in wider circumstances.
This article was originally published in May 2015 and was updated in September 2023.