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 visit visa cancelled and conditions of stay: FAQs
If an applicant is able to fulfil the UK visitor visa requirement then gets a c-type visa with the conditions of:
– no recourse to public funds
– no study, except as permitted by paragraph 25 of Appendix 3
– and no work (which does not prohibit the permitted activities in Appendix 3, 4 or 5 as set out in V1.5)
However, the visa vignette usually states a summary of the conditions as No work or recourse to public funds. Therefore, if a visitor breaches the conditions of stay then the UK visa is cancelled.
Certainly, a visitor cannot do paid or unpaid work, live in the United Kingdom for long periods of time through frequent visits, get public funds, marry or register a civil partnership, or give notice of marriage or civil partnership. Therefore, if a visitor undertakes any of the prohibited activities stated in paragraphs V4.5-V4.10 Appendix V of Immigration Rules then the UK visa is cancelled.
No, apparently, a visitor can only STAY with a family member for a short duration. Certainly, there is no provision to LIVE with family members on any type of UK 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.
So, what a visitor can do?
Perhaps, apart from the aforesaid prohibited activities, a tourist (or family member) on a UK standard visitor visa can undertake a wide range of permitted activities. Evidently, Appendix 3 of Appendix V for visitors, provides the details of permitted activities for all types of visitors relating to:
- Tourism and leisure
- Private medical treatment
- Conversion of a civil partnership into a marriage
- Study up to 30 days
- Participate in an exchange program
- Educational visit
A visitor can only undertake permitted activities in the UK depending on the type of their visitor visa. For instance, a person on a standard visitor visa cannot marry or form a civil partnership. Therefore, if a standard visitor marries or forms a civil partnership in the UK then the visitor visa is cancelled.
Standard visitor visa
Appendix 3 of Appendix V for Visitors provides the details of the permitted activities on a standard visitor visa. Accordingly, a person on a standard visitor visa can undertake:
- tourism and leisure
- business-related activities
- 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. Accordingly, cannot undertake any other permitted activities such as volunteering, business-related activity. And also cannot transit the UK on ADS.
Marriage visitor visa
A person on marriage and civil partnership visitor visa can visit the UK for:
- marriage or forming a civil partnership or giving notice of marriage/civil partnership
- tourism and leisure
- business-related activities
- transiting the UK
Permitted paid engagement (PPE) visa
Moreover, a visitor on a permitted paid engagements (PPE) visa can under any PPE related activity as per Appendix 4 of Appendix V for visitors. Moreover, can also undertake other permitted relating to tourism, leisure, volunteering and any business-related activity. However, cannot transit the UK
Certainly, a transit visitor cannot undertake any of the permitted activities relating to:
- tourism and leisure
- a business-related activity
What are the permitted business activities?
Certainly, a visitor can undertake a host of business-related activities permitted in Appendix 3 of Appendix V such as:
- 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
- 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.
- Sector-specific permitted business activities for science, research, academia, legal, religion, creative and sport
- Business – overseas roles requiring specific activities in the UK
- Work-related training
An artist can 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 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.
A visitor cab 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 on the UK standard visit visa?
Yes, as per Appendix V, visitors can study a recreation course, which does not lead to formal education such as horse riding or dancing, for a maximum period of 30 days. However, travellers cannot make a visit for the sole purpose of studying in the UK. Perhaps there are some exceptions for long-term visa holders. Furthermore, if either a visitor intends to study a course for more than 30 days or study is the main purpose of visiting the UK then the applicant 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 in the UK. Therefore, the UK visa is usually cancelled at the port of entry (airport) if a visitor visa undertaking repeat visitor to study. However, a long-term visa holder can:
- visit solely to study a non-recreation course up-to 30 days
- study a recreational course for more than 30-days per visit at an accredited institution
- 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 as a visitor. Accordingly, the time spent studying in the UK must not exceed the time spent carrying out other permitted activities. Perhaps, if the successive visits are not mainly for permitted activities under Appendix V, then the immigration officer can refuse the entry clearance and cancel the visa.
What about educational exchange visits?
Apparently, for educational exchange visits, the visiting children should be full-time students in their home country. And the accompanying teachers or adults should also be employed overseas.
In fact, the only purpose of such visits is to broaden the horizons of children. And also to deepen intercultural understanding. Therefore, these visits may be longer than 30 days. However, the decision-maker, scrutinize the educational exchange visits longer than 30 days. Accordingly, evaluates that the proposed exchange programme does not amount to a course of study, which could only be carried out under a study route. Although, schools can decide the precise nature of the visit; however, needs to furnish the requisite evidence of the educational exchange programme.
Is public education for children of visiting academics possible?
Yes, 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.
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 to the UK 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. However, the visitor must intend to undertake only permitted activities in the UK.
Long term visitor visa and change in purpose
The main purpose of visiting the UK for a long-term visitor visa holder may change during the 2, 5 or 10 years validity period of the visa. Perhaps, 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 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, the immigration rules allow such a change in purpose.
When UK visitor visa cancelled under Part V9 of Appendix V?
Usually, 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. However, if a visitor fails to meet the suitability requirements then leave to enter as a visitor can be cancelled before or on arrival at the UK border. Moreover, a leave to remain can be curtailed if the visitor is unable to satisfy the suitability requirements of Part V9 of Appendix V. Accordingly, it is important to note that there is no single set of requirements applicable for cancelling:
- a visit visa from outside the UK
- leave to enter at the UK border as a visitor
- an extension of a visitor visa in the UK
When UK visitor visa cancelled due to doubtful suitability?
Appendix 3 of Appendix V enumerates the permitted activities for all visitors. Moreover, in terms of Paragraph V4.5-V4.10 a visitor visa is prohibited to undertake:
- receiving payments – except as permitted by paragraph V4.7 of Appendix V
- study – except as permitted by paragraph 25 of Appendix 3
- Medical treatment other than private medical treatment or to donate an organ
- Marriage or civil partnership – except where the visitor has a visit visa endorsed for marriage or civil partnership
Therefore, if there are doubts about the suitability of a visitor visa holder 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 whilst the person is outside the UK or on arrival in the UK 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 exist as 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.
Leave to enter/remain could be cancelled or curtailed if there is a piece of evidence to establish that either visitor’s circumstances or purpose in coming to the UK or seeking to remain inside the UK have considerably changed that the claim of the visitor to be a genuine visitor has ceased to exist. For instance, a visitor is intending to:
- not undertake any permitted activity as a genuine visitor to the UK;
- marry or form a civil partnership and does not have a marriage visitor visa for the purpose;
- work, volunteer, or study other than as permitted under the Immigration Rules for visitors;
- 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.
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 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.
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.