Immigration Law Practitioners’ Association
4 Contributions by Immigration Law Practitioners’ Association Experts
PRACTICE NOTES
This Practice Note sets out frequent pitfalls linked to applications made under the visitor (standard) immigration route that can trigger closer examination of a case and/or lead to refusal. Such pitfalls often relate to matters that may undermine an applicant’s credibility as a genuine visitor.
Credibility
Many rules in this route focus on an individual’s subjective intentions: to be a genuine visitor, not to work, to depart at the end of the trip, and not to make the UK their base. Demonstrating credibility is crucial for a business visitor and for anyone planning to undertake study. The Home Office will examine the person’s overall situation to decide whether what they intend to do in the UK aligns with the wider evidence. The Home Office’s visit guidance explains to officials how to judge whether an applicant is a genuine visitor. It indicates that the factors for
Immigration
PRACTICE NOTES
Note: The Start-up route ceased accepting fresh applications on 13 April 2023 (other than where supported by endorsements dated before that day and already obtained). Therefore, anyone seeking to use this route must hold a valid Home Office endorsement issued strictly on or before 12 April 2023. Applications under this category must be lodged within three months of the endorsement date, calculated from the date shown. Consequently, the final day on which an application could be submitted under this route is 12 July 2023. The Innovator Founder route is now the primary pathway for those wishing to establish a business in the UK. For more details, see Practice Note: Applying under the Innovator Founder route for further information.
Background
The Start-up route entered the Immigration Rules (the Rules) on 29 March 2019. Alongside the Innovator route, it superseded the Tier 1 (Graduate
Immigration
PRACTICE NOTES
The Immigration Rules set out comprehensive schedules of actions expressly banned and clearly allowed for visitors of all kinds. When deciding an application for entry clearance, leave to enter or remain as a visitor, the Home Office assesses whether all the proposed activities amount to any banned conduct or sit within the permitted activities for the relevant visitor route and category applied for. Certain activities are only permitted where visitors satisfy further eligibility criteria set out in and detailed within the Immigration Rules, Appendix V: Visitor, paras V 5.1-V 15.4. For more detail and context, see Practice Note: Visitor: eligibility—Additional eligibility requirements for specific types of visitor applicants. Each time a visitor seeks to enter at the frontier, unless using an eGate, they will normally be asked to explain clearly what they plan to do in the UK and for how long in total. A
Immigration
PRACTICE NOTES
For applications on and after 31 January 2024, there are three types of visitors:
Standard: for individuals wishing to carry out the activities listed in the Immigration Rules, Appendix Visitor: Permitted Activities, for example sightseeing or seeing relatives, typically for up to six months in total
Marriage/Civil Partnership: for people coming to the UK to marry or enter a civil partnership, or to give formal notice of marriage or civil partnership
Transit: for travellers passing through the UK en route to another country outside the Common Travel Area, who will enter the UK for only up to 48 hours by crossing the UK border
From 18 February 2025, a fourth category, the ‘Diplomatic Visa Arrangement (DVA) Visitor’ route, was officially introduced.
Diplomatic passport holders from several countries have been excepted from the visa national list, but from 18 February 2025 they may apply directly for a visitor visa, valid for up to
Immigration
If you expected to see yourself on this page, click here.
