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Andrew
Andrew, Barrister
Category: UK Immigration Law
Satisfied Customers: 28
Experience:  Over 10 years specialist expertise in all aspects of Immigration Law.
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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: 5 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 5 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 :

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