This relates to UK visitor visa cancelled under Part V9 of Appendix V, Immigration Rules. And the condition of stay on the UK visitor visa permitted and prohibited activities. Moreover, also explains UK visa application cancellation from outside the UK. Perhaps, this will enable applicants to differentiate between UK visa cancellation and UK visa application cancellation. Certainly, when a UK visitor visa is cancelled it has serious repercussions on the present and future credibility of an applicant. However, the UK visa application cancellation has no such implications.

UK visitor visa cancelled under Part V9 of Appendix V

If an applicant is able to fulfil the UK visitor visa requirement then gets a c-type visa with the conditions of No work or recourse to public funds. However, a UK visitor visa cancelled under Part V of Appendix V after the suitability of a visitor becomes doubtful. Therefore, it is important for a visitor to continue to meet the suitability requirements throughout the validity of a visitor visa. Nevertheless, if a visitor fails to meet the suitability requirements then leave to enter can be cancelled before or on arrival at the border. Moreover, a leave to remain can also be curtailed if the visitor breaches the conditions of stay.

Prohibited Activities 

Accordingly, in terms of Appendix V of the Immigration Rules a visitor is prohibited to:

  1. do paid or unpaid work
  2. get employment
  3. receive payments – except as permitted by paragraph V4.7 of Appendix V
  4. study – except as permitted by paragraph 25 of Appendix 3
  5. undergo medical treatment other than private medical treatment or to donate an organ
  6. get marriage or form civil partnership – except where the visitor has a visit visa endorsed for marriage or civil partnership
  7. give notice of marriage or civil partnership
  8. live for long periods of time through frequent visits

Therefore, if there are doubts about the suitability of a visitor then the UK visitor visa is cancelled.

UK visitor visa cancelled under Part V9 of Appendix V

Accordingly, in terms of paragraph V 9.1 of Appendix V, a current visit visa or leave to enter/remain as a visitor may be cancelled due to:

  • Change of circumstances
  • Change of purpose
  • False information or failure to disclose a material fact
  • Medical reasons
  • Not conducive to the public good
  • Failure to supply information
  • Curtailment due to
    • false information or failure to disclose a material fact
    • failure to meet requirements of the immigration rules
    • failure to comply with conditions
    • Not conducive to the public good

When a visitor ceases to remain a genuine visitor?

A visitor needs to satisfy that he/she will continue to meet the suitability and eligibility requirements listed in Appendix V for visitors. Therefore, a leave to enter or remain may be cancelled or curtailed if there is a piece of evidence to establish that a visitor’s circumstances or purpose has considerably changed if a visitor is intending to:

  1. not undertake any permitted activity as a genuine visitor
  2. marry or form a civil partnership and does not have a marriage visitor visa for the purpose
  3. work, volunteer, or study other than as permitted under the Immigration Rules for visitors
  4. settle in the UK as a spouse/partner of a British citizen or that of a settled person

Moreover, 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.

UK visitor visa cancelled due to other circumstances

The Paragraphs V9.4 – V9.12 of Appendix V for visitor provides a list of Other circumstances that may necessitate cancelling or curtailing a leave to enter or remain. For instance, if a visitor has submitted false documents, made false representations, not disclosed material facts or there is an information to establish any of the aforesaid then the UKVI/Home Office curtails or cancels the leave to enter or remain.

Permitted Activities for Visitors

Indeed, a visitor can undertake the following permitted activities:

  1. Tourism and leisure
  2. Volunteering
  3. Private medical treatment
  4. Transit
  5. Business
  6. Conversion of a civil partnership into a marriage
  7. Study up to 30 days
  8. Participate in an exchange program
  9. Educational visit

Please note, a visitor can only undertake permitted activities depending on the type of their visitor visa.

Standard Visitors

Appendix 3 of Appendix V for Visitors provides the details of the permitted activities for standard visitors. Accordingly, a person on a standard visitor visa can undertake:

  1. tourism and leisure
  2. volunteering
  3. business-related activities
  4. transit the UK
Approved Destination Status (ADS) Agreement

A visitor on ADS can only visit the UK for tourism and leisure for up to 30 days. However, cannot undertake any other permitted activities such as volunteering, business-related activity, transit etc.

Marriage Visitors

Indeed, a person on UK marriage or civil partnership visitor visa can:

  1. get married or form a civil partnership
  2. give notice of marriage/civil partnership
  3. tourism and leisure
  4. do volunteering
  5. undertake a permitted business-related activity
  6. transit the UK
Permitted paid engagement (PPE)

A visitor on a permitted paid engagements (PPE) visa can under any PPE related activity as per Appendix 4 of Appendix V. Moreover, can also undertake other permitted relating to tourism, leisure, volunteering and any business-related activity. However, cannot transit the UK

Transit visitors

Certainly, a transit visitor cannot undertake any of the permitted activities relating to:

  1. tourism and leisure
  2. volunteering
  3. a business-related activity

Can a visitor live with family?

No, a visitor can only STAY with a family member for a short duration. Certainly, there is no provision to LIVE with family members on a visitor visa. Therefore, if a person intends to live with a family member then needs to apply for entry clearance under the family routes such as spouse, parent, adult dependent relative etc.

Can a visitor look after a child?

Yes, perhaps a visiting family member can look after a child only for a short duration. However, the visiting family member should not be intending to get employed as a childminder– i.e. a person who looks after children in their own home for payment.

Can a visitor undertake volunteering?

Yes, Appendix 3 of the Immigration Rules allows a traveller to undertake “volunteering” with a registered charity. However, Appendix V does not allow travellers to undertake voluntary work. Moreover, volunteering must not be the main purpose of visiting the UK. And cumulatively should not be for more than 30 days. Therefore, UK standard visitor visa applications solely for the purpose of volunteering are likely to get rejected. Perhaps, if an applicant is wishing to travel to the UK for either volunteering or voluntary work then should apply for PBS Tier 5 Charity worker visa. 

Can a visitor study a recreation course?

Yes, as per Appendix V, visitors can study a recreation course, which does not lead to formal education, for a maximum period of 30 days. For instance, a recreational course relating to horse riding or dancing. Although, there are some exceptions for long-term visa holders; however, travellers usually cannot make a visit solely for study. Please note, if either a person intends to study for more than 30 days or study is the main purpose then needs to apply for a short-term study visa.

UK visitor visa cancelled due to repeat visits to study

Indeed, a visitor can not make frequent or repeat visits to complete a long term study course. Therefore, the UK visitor visa cancelled at the port of entry (airport) if a person is making repeat visits for study. However, a long-term visa holder can:

  1. visit solely to study a non-recreation course up-to 30 days
  2. study a recreational course for more than 30-days per visit at an accredited institution
  3. visit up to 30 days for studying a course such as a distance learning course, which is longer than 30 days

Certainly, the aforesaid exceptions do not apply to holders of single-entry visas. And also do not apply for non-visa nationals, who are applying for leave to enter as a visitor at the border (airport). However, the main purpose of a long-term visa holder should continue to undertake permitted activities. Accordingly, the time spent studying must not exceed the time spent carrying out other permitted activities. Moreover, if the successive visits are not mainly for permitted activities, then the immigration officer can refuse the entry clearance and may also cancel the long term visitor visa.

Educational Exchange Visits

Apparently, for educational exchange visits:

  1. the visiting children should be full-time students in their home country
  2. the accompanying teachers or adults should also be employed overseas
  3. only purpose of Educational Exchange Visit is to broaden the horizons and deepen intercultural understanding
  4. schools can decide the precise nature of the visit, but needs to furnish the requisite evidence
  5. the maximum duration of the visit should not be longer than 30 days
  6. if the duration is longer than 30 days then the decision-maker evaluates whether the programme tentamount to course of study, which could only be carried out under a study route
Public Education for Children of Visiting Academics

Indeed, it is possible for the dependant children of visiting academics to get an education at a public school. However, admission to public maintained schools is not an immigration matter. Perhaps, the Department of Education has policy responsibility for admissions to schools in England. Accordingly, a public school or a local authority is the decision-maker.

Permitted Business Activities for Visitors

Certainly, a visitor can undertake a host of business-related activities permitted in Appendix 3 of Appendix V such as:

  1. General business activities relating to attending meetings, conferences, seminars, interviews, negotiating contracts, signing deals, attending trade fairs, undertaking site visits and inspection etc. Moreover, a visitor can also deliver non-commercial talks and speeches
  2. Business corporate activities relating to the prospective entrepreneur for startup and innovator visa under Appendix W, manufacturing and supply of goods, clients of UK export companies etc.
  3. Sector-specific permitted business activities for science, research, academia, legal, religion, creative and sport
  4. Business – overseas roles requiring specific activities
  5. Work-related training

Can an artist perform in a permit-free festival?

Yes, an artist, entertainer or musician can perform at one or more of the permit-free festivals listed in Appendix 5 of Appendix V. Moreover, the visiting artist can also receive payment for performance at the permit-free festival.

Can a person change the reason for visiting the UK?

Yes, a visitor can enter or extend the visit to do different permitted activities. However, the main reason(s) for travelling must be visiting. Accordingly, when a visitor holds a long-term visa then it is quite natural that the reason for visiting may differ over time. This is permissible, provided the applicant continues to undertake one or more permitted activities. Therefore, it is not a sufficient reason to cancel a visitor visa on arrival due to a change in the declared permitted activity.

Please note, the main purpose of visiting for a long-term visa holder may change overtime. Moreover, it is also possible that a visitor may not be able to undertake an expressly permitted activity. Accordingly, the visitor may change the primary purpose before or on arrival at the border. For instance, a person intended to take part in a sporting event, which is cancelled, and now the visitor is coming for holidays instead. Since a visitor is allowed to undertake any permitted activity, therefore, the immigration rules allow such a change in purpose.

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Is it possible to cancel a UK visa application and get a refund?

Yes, an applicant can cancel a UK visa application. And also can solicit for a fee refund up to 8 weeks from the date of the application- only if the applicant has not gone through the biometrics (fingerprints and photograph) at the UKVAC. For instance, an applicant completed the online application form and paid the fee on April 9, 2019, with an appointment on April 12, 2019, at UKVAC Mumbai. However, if the applicant subsequently cancels the application without taking biometrics on April 12, 2019, then can claim the UK visa fees refund up-to 8 weeks from April 9, 2019, i.e. up to June 4, 2019.

No fee refund for cancelling the application after biometrics

However, if the applicant attended the appointment on April 12, 2019, and takes the biometrics at UKVAC Mumbai and only subsequently decided to cancel the application then the applicant will not be eligible for a UK visa fees refund.

No UK visa fees refund in case of a refusal decision!

Moreover, an applicant from outside the UK will not get a fee refund in case of a refusal decision because the charges are for the consideration of the UK visa application and certainly not for the grant of a visa.

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