Visitors: the suitability requirements
Produced in partnership with Gillian McCall of Richmond Chambers
Visitors: the suitability requirements

The following Immigration guidance note Produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:

  • Visitors: the suitability requirements
  • Home Office guidance
  • Appendix V suitability requirements
  • Periods of overstay where para V3.9A applies
  • What happens if the applicant cannot meet the suitability requirements?

The suitability requirements to be met by all visitors are set out in the Immigration Rules, Appendix V, Part V3. Appendix V is intended to be a free-standing appendix to the Immigration Rules and the general grounds for refusal contained in the Immigration Rules, Part 9 do not apply to visitors.

The suitability requirements set out in Appendix V, Part V3 generally mirror some of the general grounds of refusal set out in Part 9, although there are exceptions. The suitability requirements are split into requirements which ‘will’ lead to an application being refused if the requirements are not met, and those where the immigration officer (IO) or entry clearance officer (ECO) has some discretion, but where an application ‘will normally’ be refused in the event that any of the requirements are not met. Unlike under the general grounds for refusal and the suitability requirements of Appendix FM, the suitability requirements in Appendix V generally apply to applications for leave to enter, entry clearance and leave to remain. Some individual suitability requirements specifically state that they do not apply to leave to remain applications.

Home Office guidance

Guidance for IOs, ECOs and Home Office caseworkers on the applicability of the Appendix V suitability requirements is contained within the Visit guidance. However, the Visit guidance specifically states that although the general grounds for refusal do