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Part 2 - Persons seeking to enter or remain in the United Kingdom for visits

Visitors

Requirements for leave to enter as a visitor

40. For the purpose of paragraphs 41-46 a visitor includes a person living and working outside the United Kingdom who comes to the United Kingdom to transact business (such as attending meetings and briefings, fact finding, negotiating or making contracts with United Kingdom businesses to buy or sell goods or services). A visitor seeking leave to enter or remain for private medical treatment must meet the requirements of paragraphs 51 or 54.

A visitor seeking leave to enter for the purposes of marriage must meet the requirements of paragraph 56D.

41. 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 undertake a course of study; 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.; and

(viii) is not a child under the age of 18.

Leave to enter as a visitor

42. A person seeking leave to enter to the United Kingdom as a visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 41 is met.

Refusal of leave to enter as a visitor

43. Leave to enter as a visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 41 is met.

Requirements for an extension of stay as a visitor

44. Six months is the maximum permitted leave which may be granted to a visitor. The requirements for an extension of stay as a visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii)-(vii); and

(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a visitor. Any periods spent as a seasonal agricultural worker and as a student visitor are to be counted as a period spent as a visitor; and

(iii) was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.

Extension of stay as a visitor

45. An extension of stay as a visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 44 is met.

Refusal of extension of stay as a visitor

46. An extension of stay as a visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 44 is met.

Child visitors

Requirements for leave to enter as a child visitor

46A The requirements to be met by a person seeking leave to enter the United Kingdom as a child visitor are that he:

(i) meets the requirements of paragraph 41 (i)-(iv) and (vi)-(vii);

(ii) is under the age of 18; and

(iii) can demonstrate that suitable arrangements have been made for his travel to, and reception and care in the United Kingdom; and

(iv) has a parent or guardian in his home country or country of habitual residence who is responsible for his care; and

(v) if a visa national:

(a) holds a valid United Kingdom entry clearance for entry as an accompanied child visitor and is travelling in the company of the adult identified on his entry clearance, who is on the same occasion being admitted to the United Kingdom; or

(b) holds a valid United Kingdom entry clearance for entry as an unaccompanied child visitor; and

(vi) if he has been accepted for a course of study, this is to be provided by an organisation which is included on the ''Register of Education and Training Providers, and which is outside the maintained sector.

Leave to enter as a child visitor

46B A person seeking leave to enter the United Kingdom as a child visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, providing that the Immigration Officer is satisfied that each of the requirements of paragraph 46A is met.

Refusal of leave to enter as a child visitor

46C Leave to enter as a child visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 46A is met.

Requirements for an extension of stay as a child visitor

46D Six months is the maximum permitted leave which may be granted to a child visitor. The requirements for an extension of stay as a child visitor are that the applicant:

(i) meets the requirements of paragraph 41 (ii) to (vii); and

(ii) is under the age of 18; and

(iii) can demonstrate that there are suitable arrangements for his care in the United Kingdom; and

(iv) has a parent or guardian in his home country or country of habitual residence who is responsible for his care; and

(v) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a child visitor.

Extension of stay as a child visitor

46E An extension of stay as a child visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 46D is met.

Refusal of extension of stay as a child visitor

46F An extension of stay as a child visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 46D is met.

Visitors in transit

Requirements for admission as a visitor in transit to another country

47. The requirements to be met by a person (not being a member of the crew of a ship, aircraft, hovercraft, hydrofoil or train) seeking leave to enter the United Kingdom as a visitor in transit to another country are that he:

(i) is in transit to a country outside the common travel area; and

(ii) has both the means and the intention of proceeding at once to another country; and

(iii) is assured of entry there; and

(iv) intends and is able to leave the United Kingdom within 48 hours.

Leave to enter as a visitor in transit

48. A person seeking leave to enter the United Kingdom as a visitor in transit may be admitted for a period not exceeding 48 hours with a prohibition on employment provided the Immigration Officer is satisfied that each of the requirements of paragraph 47 is met.

Refusal of leave to enter as a visitor in transit

49. Leave to enter as a visitor in transit is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 47 is met.

Extension of stay as a visitor in transit

50. The maximum permitted leave which may be granted to a visitor in transit is 48 hours. An application for an extension of stay beyond 48 hours from a person admitted in this category is to be refused.

Visitors seeking to enter or remain for private medical treatment

Requirements for leave to enter as a visitor for private medical treatment

51. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for private medical treatment are that he:

(i) meets the requirements set out in paragraph 41 (iii)-(vii) for entry as a visitor; and

(ii) in the case of a person suffering from a communicable disease, has satisfied the Medical Inspector that there is no danger to public health; and

(iii) can show, if required to do so, that any proposed course of treatment is of finite duration; and

(vi) intends to leave the United Kingdom at the end of his treatment; and

(v) can produce satisfactory evidence, if required to do so, of:

(a) the medical condition requiring consultation or treatment; and

(b) satisfactory arrangements for the necessary consultation or treatment at his own expense; and

(c) the estimated costs of such consultation or treatment; and

(d) the likely duration of his visit; and

(e) sufficient funds available to him in the United Kingdom to meet the estimated costs and his undertaking to do so.

Leave to enter as a visitor for private medical treatment

52. A person seeking leave to enter the United Kingdom as a visitor for private medical treatment may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 51 is met.

Refusal of leave to enter as a visitor for private medical treatment

53. Leave to enter as a visitor for private medical treatment is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 51 is met.

Requirements for an extension of stay as a visitor for private medical treatment

54. The requirements for an extension of stay as a visitor to undergo or continue private medical treatment are that the applicant:

(i) meets the requirements set out in paragraph 41 (iii)-(vii) and paragraph 51 (ii)-(v); and

(ii) has produced evidence from a registered medical practitioner who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council of satisfactory arrangements for private medical consultation or treatment and its likely duration; and, where treatment has already begun, evidence as to its progress; and

(iii) can show that he has met, out of the resources available to him, any costs and expenses incurred in relation to his treatment in the United Kingdom; and

(iv) has sufficient funds available to him in the United Kingdom to meet the likely costs of his treatment and intends to meet those costs; and

(v) was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.

Extension of stay as a visitor for private medical treatment

55. An extension of stay to undergo or continue private medical treatment may be granted, with a prohibition on employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 54 is met.

Refusal of extension of stay as a visitor for private medical treatment

56. An extension of stay as a visitor to undergo or continue private medical treatment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 54 is met.

Parent of a child at school

Requirements for leave to enter or remain as the parent of a child at school

56A. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the parent of a child at school are that:

(i) the parent meets the requirements set out in paragraph 41 (ii)-(vii); and

(ii) the child is attending an independent fee paying day school and meets the requirements set out in paragraph 57 (i)-(ix); and

(iii) the child is under 12 years of age; and

(iv) the parent can provide satisfactory evidence of adequate and reliable funds for maintaining a second home in the United Kingdom; and

(v) the parent is not seeking to make the United Kingdom his main home; and

(vi) the parent was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.

Leave to enter or remain as the parent of a child at school

56B. A person seeking leave to enter or remain in the United Kingdom as the parent of a child at school may be admitted or allowed to remain for a period not exceeding12 months, subject to a condition prohibiting employment, provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 56A is met.

Refusal of leave to enter or remain as the parent of a child at school

56C. Leave to enter or remain in the United Kingdom as the parent of a child at school is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 56A is met.

Visitors seeking to enter for the purposes of marriage

Requirements for leave to enter as a visitor for marriage

56D. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership are that he:

(i) meets the requirements set out in paragraph 41 for entry as a visitor; and

(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and

(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership ceremony to take place, in the United Kingdom during the period for which entry is sought; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a visitor for marriage or civil partnership

56E. A person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56D is met.

Refusal of leave to enter as a visitor for marriage or civil partnership

56F. Leave to enter as a visitor for marriage or civil partnership is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56D is met.

Visitors seeking leave to enter under the Approved Destinations Status (ADS) agreement with China

Requirements for leave to enter as a visitor under the Approved Destination Status Agreement with China ("ADS Agreement ").

56G The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor under the ADS agreement with China are that he:

(i) meets the requirements set out in paragraph 41 (ii) - (vii) ; and

(ii) is a national of the People's Republic of China; and

(iii) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 30 days; and

(iv) intends to enter, leave and travel within the territory of the United Kingdom as a member of a tourist group under the ADS agreement; and

(v) holds a valid ADS agreement visit visa.

Leave to enter as a visitor under the ADS agreement with China

56H A person seeking leave to enter the United Kingdom as a visitor under the ADS Agreement may be admitted for a period not exceeding 30 days, subject to a condition prohibiting employment, provided they hold an ADS Agreement visit visa.

Refusal of leave to enter as a visitor under the ADS agreement with China

56I Leave to enter as a visitor under the ADS agreement with China is to be refused if the person does not hold an ADS Agreement visit visa.

Extension of stay as a visitor under the ADS agreement with China

56J Any application for an extension of stay as a visitor under the ADS Agreement with China is to be refused.

Student visitors

Requirements for leave to enter as a student visitor

56K. The requirements to be met by a person seeking leave to enter the United Kingdom as a student visitor are that he:

(i) is genuinely seeking entry as a student visitor for a limited period as stated by him, not exceeding six months; and

(ii) has been accepted on a course of study which is to be provided by an organisation which is included on the Register of Education and Training Providers; and

(iii) intends to leave the United Kingdom at the end of his visit as stated by him; and

(iv) does not intend to take employment in the United Kingdom; and

(v) does not intend to engage in business, to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(vi) does not intend to study at a maintained school; and

(vii) 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

(viii) can meet the cost of the return or onward journey; and

(ix) is not a child under the age of 18.

Leave to enter as a student visitor

56L. A person seeking leave to enter to the United Kingdom as a student visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56K is met.

Refusal of leave to enter as a student visitor

56M. Leave to enter as a student visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56K is met.



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