Family Visitors

This leaflet is for people who want a visa to visit a family member in the UK. It explains the things you need to think about before you apply, what happens when you apply and how to appeal if your application for a visa is refused. It will also be useful for sponsors in the UK who want members of their families to visit them there.

The first part of this leaflet deals with the application process, and is relevant to all applicants for a visit visa. The second part is on appeals. Only certain family members are entitled to an appeal. The leaflet will explain which ones when it reaches that point.

Before you apply

Allow plenty of time

In most cases you will be issued with your visa on the day you apply for it. But sometimes it takes longer. If they refuse your application and you appeal, it will be several weeks or more before we issue the visa, if your appeal is allowed. We recommend that you apply at least three months before you intend to travel.

Of course, there are times when people need to travel urgently – to visit a very sick relative, for instance. If you need to obtain a visa quickly, we will do our best to help you, but please apply as soon as you can.

Plan ahead

Decide exactly why you are coming to the UK. Most people planning a short trip of up to six months need a visit visa. If you want to stay longer, or for some the reason (to work or get married, for instance) you will need a different kind of visa. If you apply for a visit visa but you intend to find work or settle in the UK your application may well be refused.

You should also try to find out about the UK immigration system. The more you know before you start, the easier it will be to understand what is happening when you make your application. In particular, it will help you to know something about the immigration rules and the application procedure.

Think about whether or not you should take legal advice. If you have read this leaflet and still have doubts about what to do next, you may well need specialist help. Good advice can be very reassuring, though, if your case is simple, you may not need it. If you decide to take advice, make sure that you use a reputable adviser.

Know the rules

The language of the rules is technical, but you will need to have some idea of what they mean for you. Apart from citizens of the European Economic Area, everyone who comes to the UK as a visitor must satisfy rule 41 of the Immigration Rules.

• The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:

(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; 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 study at a maintained school; 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.

Prepare your evidence

Before you apply, you should gather evidence to show that you can meet these requirements. The suggestions that follow are intended only for guidance. There are other documents which would be acceptable. Do not worry if you cannot provide them all, but do not assume that you will get a visa even if you do.

Rules (i) to (v) above are about the reasons for your visit. You have to show that you only intend to visit and that you will not stay longer than you say you will (up to a maximum of 6 months). So, in most cases, you will need evidence of all the reasons why you must leave the UK at the end of your visit. Among the papers which may help you to do this are:

• a letter from your employer granting leave of absence from your job for a specified period. The letter should also say how long you have been employed by that employer and in what job(s)
• if you are self-employed, evidence of your business activities and financial standing
• evidence of any property you own in your home country
• if you are a student, a letter from your school or college stating which course you are one, its start and finish dates and the dates of the vacation during which you intend to visit the UK
• it may also help if you can show that you have family or social ties and responsibilities to return to
• evidence of any firm travel plans you have made

Rules (vi) and (vii) are about financing your stay and your journey home (or to your next destination). You must be able to show that you have somewhere to stay and enough money to pay all your expenses while you are in the UK, or that your sponsor is able and willing to help you. Remember that the cost of living in the UK may be very different to the cost of living at home. Although the document that may help are:

• bank statements going back over a period of several months
• evidence of other savings available to you
• a letter in which your sponsor agrees to support you while you are in the UK and to give you a place to stay. You will also need to show that your sponsor is capable of supporting you, perhaps by providing bank statements and pay slips.

This list does not cover everything, but it should give you some idea of the kind of documents you could use to support your application. If you have other documents you would like to use, your local visa section will tell you whether they can accept them.

Making your application

Where to apply

You must apply for your visa at the visa section of a British Diplomatic Post in the country of your nationality, or the country where you are living. ‘British Diplomatic Post’ usually means a British Embassy, High Commission or Consulate. A small number of posts do not process visa applications, but they will tell you where to apply. You should ask the staff for form VAF1, which is the visa application form for visitors. The form is free. You can also get it from the website of UKvisas (a government office) at www.ukvisas.gov.uk. Please read the form carefully and the guidance notes that come with it.

What you will need

• a completed copy of the form
• your passport (which must be valid for the whole of your trip)
• two recent passport-sized photographs of yourself
• the visa fee in the local currency of the country where the visa section is located (we will not refund the fee, even if your application is refused).
• Any other documents that you think should be looked at

You may deliver these documents yourself. Some visa sections accept postal applications. Your local office will be able to tell you whether they do so, and how the system works.

When you send the form

When you submit the form, it will be checked briefly. They will then:

• Accept the application; or
• They may ask you to provide additional documents before they will accept your application. If this happens, it does not mean that you have been refused a visa, but it will cause a delay while you get the documents. You can help to avoid this situation by thinking carefully beforehand about the documents you may need (see above). In some cases, you or your sponsor may be asked to complete a ‘sponsorship undertaking form’ If this happens to you, the visa section will give you the form and explain what you need to do.

A decision can often be made without further enquiries, but sometimes a formal interview is necessary.

The Interview

If you are invited to a full interview, you may also be asked to provide further documents, such as those listed above. Giving us the documents we ask for will not guarantee you a visa, but it will help.

Prepare for the interview in the same way as you prepared for making your application (see above). Be sure about your reasons for visiting. Be certain of where the money will come from and where you will stay. Be clear on the reasons why you must leave the UK at the end of your visit.

At the interview, an interpreter will be provided if you need one. Answer all questions carefully and honestly. Remember that you may be asked some direct and even personal questions. If you do not understand a question, say so. If you do not know the answer to a question, say so. Keep things simple and do not try to guess what they want to hear. If you become confused, take your time. They understand that you will probably be nervous. Stay calm and remember that they give visas to more than 9 out of 10 people who ask for them.

If they do not think that you meet the requirements of the immigration rules (see rule 41 above), they will refuse your application for a visa. The visa officer will give you written reasons for the decision. If you are a ‘family visitor’ as defined in UK law, you will also get an appeal form and some notes to help you fill it in.

You can also get guidance, advice and information about visas from Coventry Law Centre.

The Law Centre offers free legal advice and representation.

Appeals

The Law Centre will advise you about how to prepare and lodge an appeal and may represent you at the hearing. You can contact Coventry Law Centre or telephone our free legal advice line on Tuesdays and Thursdays between 10:00am and 12:00noon on 024 76253168.

Coventry Law Centre

The Bridge

Broadgate

Coventry

CV1 1NG

Tel: 024 76223053

Registered with Charity Commission as Coventry Law Centre: 1087312

Registered as a limited company in England & Wales: 4149673

Although every effort is made to ensure the information in this leaflet is accurate and up to date, it should not be treated as a complete and authoritative statement of the law and does not constitute legal advice - we cannot be held liable for any inaccuracies and their consequences. The information in this leaflet is written for people resident in, or affected by, the laws of United Kingdom only.