There are several reasons for which a prospective applicant may seek to enter the UK for a short-term visit. This article seeks to discuss applications for standard visit visas.
The application fee
The application fee for a visit to the UK varies depending from which country the applicant seeks to make the application.
It is however essential that the applicant is outside of the UK when the application is made.
The criteria
The key criteria which is assessed by the Home Office decision makers is the intention of the applicant. Whilst the decision maker will never be able to definitively know the intentions of any applicant, they are able to inter the intentions by assessing:
· The applicant’s reasons for coming to the UK
· Their financial position in their home country
· The ties to their home country
· Any ties they have to the UK
· Whether they are able to financially support themselves for the purposes of their stay in the UK.
It is important to note that the list set out above is not an exhaustive list.
Therefore, when submitting an application for a visit visa to the UK, it is important that applicants submit the necessary to evidence that they have strong ties to their home country, and that their evidence demonstrates, on a balance of probabilities, that their intentions for visiting the UK are genuine.
Challenging a negative decision
It is a common misconception amongst applicants that decisions refusing an applicant entry clearance to the UK as a visitor cannot be challenged.
Whilst such decisions do not attract a right of appeal under the Nationality, Immigration and Asylum Act 2002 (as amended), visitors who have no right of appeal against refusal of entry clearance or refusal of leave to enter or remain may apply for judicial review if they can show unfairness or an error of law by the immigration officer. (R v Secretary of State for the Home Department, ex p Arjumand [1983] Imm AR 123, QBD)
As such, such decisions can be challenged by way of judicial review.
Pine Legal is a team of specialist immigration lawyers. Contact us today for a free 10 minute consultation regarding your immigration matter.
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