The following Immigration guidance note Produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:
This Practice Note highlights some common pitfalls associated with applications under the visitor (standard) immigration category that may lead to additional scrutiny of an application and/or its refusal. These often involve issues that may cast doubt on an applicant's credibility as a genuine visitor.
Many of the requirements of this category refer to a person's subjective intentions as a genuine visitor—not to take employment, to leave at the end of the visit and not to base themselves in the UK. Establishing credibility is key for the business visitor. UK immigration authorities will look at the person's overall circumstances to see if what they propose to do in the UK is consistent with other evidence.
The Home Office's Visit guidance provides information to Home Office officials on how to assess if an applicant is a genuine visitor.
The guidance states that the factors to be considered include:Visit guidance, pp 8–9
the applicant's immigration history in the UK and other countries
the duration of previous visits to the UK and whether these were significantly longer than stated on the entry clearance application form or on arrival
the applicant's financial circumstances and their family, social and economic background
the cumulative period of time spent in the UK as a visitor and the pattern of their travel over the last 12 months
the credibility of the stated reasons for the applicant's visit, in light of their social and economic background
general information about their country of nationality/residence, including the political, economic and security situation and whether it is in a conflict zone (unless this is outweighed by the particular circumstances of the applicant)
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