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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2041
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I am a U.S. citizen and was denied for a Business Visitors

Resolved Question:

Hello, I am a U.S. citizen and was denied for a Business Visitors Visa to the UK to conduct a 6-week fact-finding and research mission and attend a conference in the UK. I listed my title as an "internship," and was refused on the grounds that I was applying as an Intern and need to apply under Tier 5. Unfortunately I used the Intern wording incorrectly in my application - this is not a work experience scheme but rather I am a team member of this business and am serving in an advisor and consultation capacity. I am a graduate student and returning to graduate school in the States in the Fall.

I would like to re-apply for a Business Visitor's Visa to attend the conference and/or have a few meetings. The conference is now key and the rest of the work I proposed undertaking is no longer relevant. I have a letter from the Conference organizers. Can I try and enter the UK and do this work under a General Visitor's Visa or can I re-apply for a Business Visitors visa explaining that my Scope changed, that I am actually a team member and not an "Intern?" Thanks very much for your help!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

What you need to do is re apply and inform the immigration officers that there was a mistake made in respect of the visa and the fact that you used the word intern correctly. You need to write a detailed covering letter stating the reasons why your previous application was refused and then explain what is the exact purpose of your visit and why a business visitors visa is most applicable to your case.

In respect of arriving to the uk and undertaking activities other that those limited to the purpose of your visa ie tourism you would would be held as breaching the purpose and limitations of your visa.

In addition you would now need to apply for a visa prior to entry to the UK, the home office states the following :

We strongly advise that you apply for a visa before travelling to the UK if:

you have any unspent criminal convictions in any country, including the UK;
you have previously been refused entry, deported or otherwise removed from the UK;
you have breached the terms of any previous entry to the UK (for example, by working illegally or staying here after your permission to stay expired);
you have previously applied for a visa and been refused; or
you have been warned by a UK official that you should obtain a visa before you travel to the UK.

You may not be allowed to enter the UK if you do not have a visa

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/non-visa-nationals/

I therefore suggest that you apply for a visa prior to entry to the uk regardless of the purpose.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hi thanks for your response. I have already accessed the information from the home office website that you included in your response, thanks for the reminder.


 


Just to clarify a few points, though. I would be re-applying for a Business Visitor's visa, correct? Am I allowed to re-apply? Also I should submit a Cover Letter stating we used the word/title Intern incorrectly and that we were denied because we were told we applied for a wrong visa. (Meaning an Intern should apply for a Tier 5 visa). We should explain the individual is not an Intern therefore Tier 5 is not appropriate. Then we should also explain in the letter the individual's position with the company and the exact activities we plan to undertake that match the requirements under the Business Visitor's visa. Is this correct?


 


Would they have mentioned in the denial letter if the activities we proposed under-taking in the original visa application were not applicable to a Business Visitor's visa?


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Yes you are able to apply for a visa as many times as you like provided that you have not been banned from applying for it.

2. Yes that is correct you need to explain the background for the reason you are applying to enter the UK and then state why you believe that a business visa is the one that is most applicable in your case.

3. The activities permitted for a business visitor are stated in the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/business/business-activities/

4. Yes they would have mentioned this, but it would be better if you view the above link and see if you fit into the permitted activities under a business visitor visa.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2041
Experience: I am a qualified solicitor and an expert in UK law.
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