UK Visitor Visa Cancelled under Part V9 of Appendix V

Visa Cancellation UK and Change in Purpose of Visiting Overtime

This relates to UK visitor visa cancelled under Part V9 of Appendix V, Immigration Rules. And also explain 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. Accordingly, covers the following topics:

  • When UK visitor visa cancelled under Part V9 of Appendix V?
    • When a visitor’s suitability becomes doubtful?
    • Summary of permitted activities on a visitor visa
    • Possible reasons for UK visitor visa cancelled under Part V9 of Appendix V
  • Is it possible to cancel a UK visa application and get a refund?

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 a visitor’s suitability becomes doubtful?

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:

  1. work
  2. employment
  3. receiving payments – except as permitted by paragraph V4.7 of Appendix V
  4. study – except as permitted by paragraph 25 of Appendix 3
  5. Medical treatment other than private medical treatment or to donate an organ
  6. 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.

Summary of permitted activities on a visitor visa

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:

  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. 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:

  1. marriage or forming a civil partnership or giving notice of marriage/civil partnership
  2. tourism and leisure
  3. volunteering
  4. business-related activities
  5. 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

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

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

A change in the declared permitted activity

It is quite reasonable that a person applying for a visitor visa or leave to enter or remain should articulate the main purpose for visiting the UK. Moreover, a visitor can undertake any permitted activity. 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 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 from Nigeria, Turkey, LebanonIraqEgypt etc 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 in India 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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