1. What Does ‘Genuine Intention to Visit the UK' Mean?
It is a requirement for leave to enter the UK as a visitor that the applicant has a genuine intention to visit. A very common reason for refusal of a visit visa application is the Home Office not being satisfied that the intention is genuine.
A genuine intention to visit essentially means that an applicant will leave the UK at the end of their visit, that they do not intend to visit the UK so frequently that they are living in the UK or making the UK their main home. Additionally, that they will not carry out any activities in the UK that are prohibited for visitors, and that they have enough funds to cover the cost of their visit and departure from the UK, without working or claiming benefits.
2. Common Reasons for UK Visit Visa Refusals
The Home Office takes a very strict approach to assessing these requirements and so applications for UK visit visas must be carefully prepared. Many applicants who plan to come to the UK for a short stay, such as a holiday, do not imagine that their applications for a visa will be subject to such close scrutiny. This can lead to visit visa applications being refused on the basis that an applicant failed to show they met the genuine intention to visit requirement.
For example, common reasons for refusal cited by the Home Office are that an applicant failed to show sufficient ties to their home country or failed to provide evidence that they had sufficient funds to cover the cost of their visit. To avoid a visit visa refusal, it is very important that applicants provide evidence that they meet each aspect of the genuine intention to visit test, even in cases where an applicant is only planning a short stay in the UK.
3. UK Visit Visa Rules: Paragraph V 4.2
Paragraph V 4.2 sets out the requirement to have a ‘genuine intention to visit' as follows:
V 4.2. The applicant must satisfy the decision maker that they are a genuine visitor, which means the applicant:
- (a) will leave the UK at the end of their visit; and
- (b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; and
- (c) is genuinely seeking entry or stay for a purpose that is permitted under the Visitor route as set out in Appendix Visitor: Permitted Activities and at V 13.3; and
- (d) will not undertake any of the prohibited activities set out in V 4.4. to V 4.6; and
- (e) must have sufficient funds to cover all reasonable costs in relation to their visit without working or accessing public funds, including the cost of the return or onward journey, any costs relating to their dependants, and the cost of planned activities such as private medical treatment.
4. Explaining the Five Elements of a Genuine Visit
There are therefore 5 elements to this definition. Failure to satisfy the Entry Clearance Officer of any one of them is likely to lead to refusal of a visit visa. The Entry Clearance Officer must be satisfied of each requirement on the balance of probabilities, meaning that the Entry Clearance Officer must be satisfied that it is more likely than not that each requirement is met. A further explanation of each requirement is set out below.
5. Leaving the UK at the End of the Visit
An applicant must satisfy the decision maker that they will leave the UK at the end of their visit. You should therefore provide evidence of how long you plan to stay in the UK and evidence of travel arrangements for your return to your country of residence.
6. Not Living in the UK Through Successive Visits
As above, an applicant must show that they will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home. Visitors can stay in the UK for a maximum period of six months at any one time. There is no rule that a visitor can only be in the UK for six months in any one year. However, frequent long stays in the UK may cause an Entry Clearance Officer to question whether an applicant meets the genuine visitor requirement.
7. Visiting for a Permitted Purpose
To be considered a genuine visitor, applicants must show that they are genuinely seeking entry for a purpose that is permitted for visitors. These activities are listed in the Immigration Rules in Appendix Visitor: Permitted Activities. Permitted activities include tourism and leisure, which includes visiting friends and family. Certain other activities, such as volunteering and general business activities, are permitted in a limited capacity, to the extent that they fall within the activities listed in Appendix Visitor: Permitted Activities.
Should you have concerns about whether you are permitted to carry out an activity whilst in the UK as a visitor, you should seek legal advice before making an application for a visit visa. Visits for certain purposes require an application for a specific type of visit visa; for example, this is required for those wishing to enter into a marriage or civil partnership in the UK during their visit.
8. Not Undertaking Prohibited Activities
Applicants must also show that they do not intend to carry out any activities that are not permitted for visitors, such as working or studying in the UK (where not permitted under Appendix Visitor: Permitted Activities). Evidence explaining the purpose of your visit to the UK can help to show a decision maker that you do not intend to carry out any prohibited activities in the UK.
9. Having Sufficient Funds for the Visit
In addition, applicants must show that they have sufficient funds to cover all reasonable costs in relation to their visit. Applicants should therefore provide evidence such as bank statements showing how they will cover the costs of their visit to the UK.
10. Tribunal Guidance on Visit Visa Applications: Sawmynaden
When making decisions on visit visa applications, Entry Clearance Officers should consider the Guidance given by the Upper Tribunal in the case of Sawmynaden (Family visitors – considerations)[2012] UKUT 161.The Upper Tribunal set out a number of relevant considerations that might be material in assessing whether an applicant is genuinely seeking entry as a general visitor. Following Sawmynaden, the factors an Entry Clearance Officer should take into account include (1) the amount of time the visitor spends in their country of residence versus their time spent in the UK; (2) the reasons for their visit; (3) the length of time since their last visit, and (4) the links the applicant retains to their country of residence and, in particular, any family they have there.
11. Home Office Guidance on Assessing Genuine Intention to Visit
The Home Office Guidance on Visitors also sets out factors which should be considered. In addition to the factors in Sawmynaden,the guidance suggests the Home Office will take into account the applicant's previous immigration history, including visits to the UK and other countries. (Having a positive immigration history in other countries, meaning an applicant has visited other countries without overstaying their leave there, will likely be seen by the Home Office as evidence that a person genuinely intends to visit the UK. A negative immigration history will need to be disclosed and carefully explained in an application form.)
In assessing a genuine intention to visit, the Home Office will also take into account the duration of previous visits and whether these were significantly longer than the duration originally stated on the visa application form or on arrival, as well as an applicant's pattern of travel over the past 12 months.
12. Importance of Evidence in Visit Visa Applications
In addition, an Entry Clearance Officer will look at an applicant's ‘financial circumstances as well as their family, social and economic background' and whether the reasons given for the visit are ‘credible and correspond to their personal, family, social and economic background'.
Consideration of this Guidance shows that it is very important for applicants to provide evidence about many elements of their lives in order to support their visit visa applications.
13. Evidence to Support a UK Visit Visa Application
There is no ‘Specified evidence' for a visit visa application, but to avoid refusals, applicants should consider providing evidence of factors including the applicant's reasons for wanting to visit the UK, the Applicant's family ties to their country of residence and evidence of any work or other economic ties or income in the country of residence.
Applicants should also provide evidence of any other reasons they have to return to their country of residence. In addition, it is advisable for applicants to provide evidence of their general financial position (for example, income, savings and any property ownership). They should evidence the likely cost of the visit, both to themselves and to anyone else who will be contributing to the cost of the visit, in accordance with the Home Office's specific requirements for providing financial evidence. Further, applicants should provide the reasons for previous visits and, in particular, the reasons for staying longer than planned on previous visits (if applicable).
14. Challenging a UK Visit Visa Refusal
When a visit visa is refused, in almost all circumstances, the only way to challenge the refusal is by judicial review, which is an expensive and lengthy process. New evidence cannot generally be added after the date that the application is made. It is therefore very important to make sure that visit visa applications are carefully prepared and supported by detailed evidence and explanation. Where a previous application has been refused, the best course of action may be to reapply with more extensive evidence.
15. Contact our Immigration Barristers
For expert advice and assistance in relation to either an application for a visit visa or challenging a visit visa refusal, contact our immigration barristers in London on 0203 617 9173 or via our enquiry form.
16. Frequently Asked Questions
What does “genuine intention to visit the UK” mean?
In broad terms, a genuine intention to visit means the applicant will leave the UK at the end of their stay. They will not live in the UK through frequent or successive visits, make the UK their main home, and will not engage in prohibited activities. They will also have sufficient funds to cover the cost of their visit without working or claiming public funds.
What are some common reasons for refusal of UK visit visa applications?
Visas are commonly refused if the Home Office is not satisfied that the applicant has a genuine intention to visit, including if there is insufficient evidence of ties to their home country, financial resources, or permitted purpose of visit.
How long can I stay in the UK as a visitor?
Visitors can stay in the UK for up to six months at a time. There is no specific annual limit on the number of months a person can spend in the UK as a visitor, but frequent long visits may raise concerns about whether the applicant is a genuine visitor.
What activities are allowed on a UK visit visa?
Permitted activities include tourism, including visiting friends or family. Working and studying are generally not allowed, unless an activity falls within specific exceptions. Those considering volunteering or carrying out business activities in the UK whilst on a visit visa should seek advice specific to their situation.
What evidence should I provide for a visit visa?
To give an application the best chance of success, significant preparation is required. Applicants should provide evidence of their reasons for visiting, their family and economic ties to their home country, their financial resources, and the likely cost of their visit. Evidence of previous travel history and reasons for previous visits can also be helpful.
Can I work or study on a UK visit visa?
No. Visitors are not permitted to work or study unless specifically allowed under the Immigration Rules Appendix Visitor: Permitted Activities. Engaging in prohibited activities is a breach of immigration laws and can result in future visa refusals.
What factors do Entry Clearance Officers consider?
Officers should consider the Sawmynaden factors: time spent in the home country versus the UK, purpose of the visit, length of time since the last visit, and links to the home country. They also assess immigration history, financial circumstances, and overall credibility.
What happens if my visit visa is refused?
In most cases, the only option to challenge a refusal is judicial review, which is costly and time-consuming. New evidence cannot normally be added after the application date, so careful preparation is essential.
Can I reapply after a refusal?
Yes. Applicants may submit a fresh application, ideally with stronger supporting evidence addressing the reasons for the previous refusal.
Do I need legal advice for a UK visit visa?
Legal advice can help ensure applications are prepared correctly, evidence is comprehensive, and risks of refusal are minimised, especially for complex cases or where there are previous refusals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
