Visitor visas are not refused on general grounds but are refused due to inability to meet the suitability requirements as per Part V3 or Part V9 of Appendix V for visitors. It is important to note that there is no single set of requirements that apply to all the different types of visitor visa whether for:
- visit visa application;
- for leave to enter at the UK border as a visitor; or
- for an extension of a visitor visa in the UK.
Therefore, when a visit visa application is refused on suitability grounds or a visa or leave to enter or leave to remain is cancelled/curtailed it is under Part V3 of Appendix V or Part V9 of Appendix V.
UK Visitor Visa Cancellation and Curtailment
A leave to enter/remain as a visitor can be either be cancelled before or on arrival at the UK border or can be curtailed if the visitor is unable to satisfy the requirements of Part V9 of Appendix V.
Visitors Can Undertake Permitted Activities as per Appendix V
All visitors, apart from transit and Approved Destination Status visitors, can undertake any permitted visitor activity listed in Appendix V for visitors such as:
- A Marriage and civil partnership visitor is allowed to engage in activities in Appendix 3 and in addition, such visitor can visit the UK for either marriage or forming a civil partnership or giving a notice of marriage/civil partnership;
- Permitted paid engagements visitors are allowed to undertake activities enumerated in Appendix 3 and, in addition to these they can also conduct activities listed in Appendix 4 of Appendix V for visitors;
Not a Sufficient Reason to Cancel a Visitor Visa
It is quite reasonable that a person applying for a visit visa or leave to enter or remain should articulate the main purpose for visiting the UK. However, since a visitor is allowed to undertake any permitted activity, therefore, it is not a sufficient reason to cancel a visitor visa on arrival due to change in the declared permitted activity, provided that the visitor intends to undertake other permitted activities in the UK.
Primary Purpose of Long Term Visitor Visa May Change
The main purpose of visiting the UK for a long-term visit visa holder may change over the course of time i.e. 2, 5 or 10 years.
It is also possible that a visitor may not be able to undertake an expressly permitted activity, and changes the primary purpose either before or on arrival at the border. For example, a visitor intended to take part in a sporting event, which is cancelled, and now the visitor is coming to the UK for holidays instead. Since a visitor is allowed to undertake any permitted activity, therefore, such a change in purpose is allowed under the rules.
Change of Circumstances and Purpose
A visitor is required to satisfy an immigration officer that he/she will continue to meet the suitability and eligibility requirements listed in Appendix V for visitors.
Leave to enter/remain could be cancelled or curtailed if there is an evidence to establish that either visitor’s circumstances or purpose in coming to the UK or seeking to remain inside the UK have changed considerably that the claim of the visitor to be a genuine visitor has ceased to exist. For instance, a visitor is:
- not intending to undertake any permitted activity as a genuine visitor to the UK;
- intending to marry or form a civil partnership and does not have a marriage/ civil partnership visitor visa;
- intending to work, volunteer, or study other than as permitted under the Immigration Rules for visitors;
- intending to settle in the UK as a spouse/ partner of a British citizen or that of a settled person;
Moreover, in case if the situation in the country of residence of the visit visa holder changes – for example, there is a political conflict or social unrest in the visitor’s home country – then there may be some doubts that a visitor may not leave the UK at the end of the visit, therefore, the leave to remain or enter may be cancelled or curtailed.
Other Circumstances for Cancelling or Curtailing Leave
The Paragraphs V9.4 – V9.12 of Appendix V for visitor provide a list of Other circumstances that may necessitate either cancelling or curtailing a leave to enter or remain in the UK. For instance, if a visitor has submitted false documents or has made false representations or did not disclose material facts, and there are information and documents to establish any of the aforesaid then the leave to enter/remain is likely to be curtailed or cancelled.