How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrew Your Own Question

Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
38536794
Type Your UK Immigration Law Question Here...
Andrew is online now
A new question is answered every 9 seconds

I HAVE A FRIEND OF INDIAN NATIONALITY WHO WISHES TO VISIT THE

Resolved Question:

I HAVE A FRIEND OF INDIAN NATIONALITY WHO WISHES TO VISIT THE U.K.HE HAS BEEN
TOLD BECAUSE HE IS 28YEARS OLD AND SINGLE THAT WAS VERY DIFFICULT TO OBTAIN
A VISA AS A VISITOR TO THE UK
CAN YOU HELP PLEASE ?
THANKS XXXXX
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 3 years ago.

Andrew :

Hello and thanks you for your question.

Andrew :

Sadly I think that what he has been told is true. It will be very difficult because of the suspicion that he is coming to work or will not return.

Andrew :

The criteria that he will need to satisfy when making his application are:

Andrew :

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and
(iii) does not intend to take employment in the United Kingdom; and
(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
(v) does not intend to undertake a course of study; and
(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
(vii) can meet the cost of the return or onward journey.; and
(viii) is not a child under the age of 18.
(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);
and
(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and
(xi) does not intend to receive private medical treatment during his visit; and
(xii) is not in transit to a country outside the common travel area.
Leave to enter as a general visitor
42. A person seeking leave to enter to the United Kingdom as a general visitor may be admitted for a period not exceeding 6 months, or not exceeding 12 months in the case of a person accompanying an academic visitor, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 41 is met.

Andrew :

so in addition to demonstrating that it is more likely than not that he will adequately maintain and accommodate himself, Entry clearance officers will also be looking at his overall circumstances to see whether there is a likelihood of him returning.

Customer:

Thanks

Customer:

But could you please clarify what means "entry to accompany an academic visitor, provided that the latter case the visitor........ What do you advise me to do Will a letter to support his application stating that I can support his stay etc etc will be enough? I have in the past written such a letter but did not work. He is genuinely only interested in visiting the UK HE HAS NO INTENTION OF STAYING HERE THANKS

Andrew :

Hi there,

Andrew :

This means that he would fall into a special category of visitor if he were to accompany an academic visitor defined as a person who is from an overseas academic institution or who is highly qualified within his own field of expertise seeking leave to enter the UK to carry out research and associated activities.

Andrew :

Yes if you give an undertaking promising to support him for the duration of the trip and to ensure that he leaves the UK at the end of the trip and why you are confident that he will leave when he says he will within the time requested (in other words his commitments back in India that he would necessitate his return) that will help. Obviously if you have successfully sponsored persons in the past who have returned as promised that would assist, but generally you need to explain why the UKBA can rely on you to do what you say you will (ie ensure that he leaves the UK at the end of his visit).

Customer:

Thanks

Customer:

But can you clarify "1st paragraph if he were to accompany an academic visitor...."


 


 

Andrew :

In other words, he would need to be travelling with an academic person who is also visiting the UK. an academic person is someone from an overseas academic institution (so for example an Indian University) or someone who is highly qualified in their field of expertise and is seeking to do academic work (such as research) in the UK. In such a scenario, your friend would be seeking entry clearance to accompany the academic who themselves has been granted entry clearance as an academic visitor.

Customer:

ok thanks I understand, but if he is not travelling with an academic person, how can he assure the British High commission, that his intention to visit the uk is purely as a tourist a visitor? Would it be better if he forgets to accept my offer of accomodation with me and just get a package tour with return flight and accomodation included to visit the uk?

Andrew :

I'm not sure that will make much difference. And it may well be difficult to assure the BHC of his intention to return at the end of the visit. However, it will depend much upon why he says he will return and what evidence is produced in support. He may well be called for interview and be asked about his plans for the trip etc. The BHC will look at the expense of the trip relative to his overall finances with a view to ascertaining whether it is reasonable to expect him to be spending such a proportion of his savings on the trip. I would not expend money on flights unless fully refundable until entry clearance is granted. Certainly he will need to show that adequate accommodation will be available to him on arrival wherever that is. If it is with you rent-free, that may be useful to show the feasibility in terms of overall cost of the trip.

Andrew :

If you have found this information useful, can I ask that you click accept so that I may be remunerated for my time. If not, the site will retain your money and I will receive nothing for the assistance that you hopefully found useful.

Andrew, Barrister
Satisfied Customers: 28
Experience: Over 10 years specialist expertise in all aspects of Immigration Law.
Andrew and 3 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience