UK Visitor Visa – FAQs

You may have seen our recent guide on the UK Visitor Visa. Well, in today’s article we have compiled a range of the most frequently asked questions about the Visitor Visa.

Have a question about this visa? You’ll probably find the answer to it below. If not, get in touch with us today!

Q: How much funds do I need to show for a UK Visitor visa?

A: It is necessary to have enough money to support yourself during your stay in the UK, but there is no specific amount required. It’s important to consider your planned activities and living expenses in the UK, as the caseworker reviewing your application will assess the potential cost of your stay and your available sources of revenue. They will also consider your income and savings in relation to any financial responsibilities you have in your home country to determine whether you have enough funds to support yourself during your visit.

Q: What is the earliest time for me to apply for a Visitor visa?

A: The earliest you can apply is 3 months before you travel.

Q: Who can sponsor a visitor to the UK?

A: To support an application for a UK Visitor Visa, a sponsor such as a friend, family member, or business associate can provide sponsorship. The necessary documents for sponsoring a UK Visitor Visa typically include evidence of accommodation arrangements and the sponsor’s financial status, as demonstrated by their bank balance.

Q: What does it mean to make “frequent or successive visits” to the UK?

A: There is no fixed limit on the amount of time you can spend in the UK as a visitor, as long as you don’t exceed six months on each visit. However, if a caseworker suspects that you are attempting to establish UK residency through frequent or repeated visits, your application for a Standard Visitor Visa may be rejected. Your travel history will be assessed by the caseworker, including the duration and frequency of your previous visits to the UK.

Q: Can I renew my Visitor visa?

A: The maximum duration for a Tourist visa is six months, and it is not possible to apply for or extend it beyond that period. If an applicant initially applied for less than six months and wants to extend their stay, they must apply for an extension before their current leave expires.

Individuals who require frequent visits to the UK can apply for a multi-entry visit visa that can be valid for two, five, or ten years. However, they must provide evidence that there is a valid reason for their frequent visits. It is mandatory for multi-entry visa holders to ensure they do not stay in the UK for more than six months in any consecutive 12-month period.

When applying for a multi-entry visa, the applicant should provide evidence that they will depart the UK at the end of each visit and that their purpose for visiting the UK remains the same throughout the validity period of their visa.

Q: What happens if my application for a UK Visitor visa is refused?

A: If your application is refused, it is unlikely that you can appeal the decision. If you wish to challenge a refusal, you may have to do so by way of judicial review.

In case of a refusal, seeking expert legal advice from our immigration solicitors might be helpful for making a fresh application. Lisa’s Law will help you with a well-prepared application that addresses each reason for the refusal, which would be essential for the success of the fresh application.

Q: Can I switch from a Visitor visa to a different type of visa?

A: No, you cannot switch from a Visitor visa to any other visa in the UK. You will need to make a fresh application on other types of visa which you wish to apply. The purpose of the Visitor visa is to allow individuals to come to the UK for a temporary visit rather than for a long-term or permanent stay in the country.

Q: What happens if I have overstayed on my Visitor visa?

A: In case you fail to leave the UK within 30 days of your visa or leave expiring, you will be considered an overstayer and will be liable for deportation. You should find out what steps to take if you are at risk of being deported. If you leave the UK after 30 day, you may face a ban from re-entering the UK for a period between 1 to 10 years.

Q: What happens if I get caught working on my Visitor visa?

A: If you get caught, there are several consequences you may face such as being deported to your home country, needing additional documents for future travel to the UK, or receiving a ban from entering the UK for several years. Should this be applicable to you, please contact us.

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Can I still apply for settlement if I exceeded the absence limit due to Covid?

We were recently approached by a client who entered the UK in 2012. Since entering, he applied for a number of visas and accumulated 10 years lawful residence in the UK. Our client applied for Indefinite Leave to Remain / Settlement himself on the basis that he had been in the UK for 10 years lawfully.

Paragraph 276 of the immigration rules confirms what is considered as lawful residence and in what circumstances lawful residence is considered broken. One of those circumstances is if the applicant has left the UK for longer than 548 days in 10 years.

Our client left the UK for over 1,000 days within the last 10 years and therefore his application was refused. However, the Home Office did not seem to consider the fact that 700 days’ worth of absences was due to the client being stuck in China during the Covid-19 pandemic.

We are of the view that the Home Office have a duty to consider such circumstances as exceptional. Covid was a worldwide catastrophic event and should not be taken lightly. There are many people from China and other places in the world who faced severe restrictions preventing their return to the UK.

We have helped many in successfully waiving such absences. However, we do note that many have submitted applications themselves or are preparing to do so. We would like to give some guidance on how to prepare such an application.

So how should you prepare an application where you have exceeded absences due to Covid?

Well, the starting point would be to ensure that you are requesting that your absences related to Covid are to be considered exceptional and / or compassionate circumstances.

Entry and Exit

We suggest including your flight ticket in your application. If you could not use your return ticket, it shows that you have had an intention to return to the UK on a scheduled date but for unforeseen circumstances.

If you didn’t book a return ticket, then explain why. Were you unsure as to when you would come back for a particular reason? If so, explain and how long you were intending to leave the UK for.

UK Employment / Studies

If you had employment or studies in the UK at the time you left the UK, provide details. This is a good way of showing your commitments in the UK and that you did not intentionally wish to travel abroad for such a long time. If any consequences arose from this explain. For example, if you had to resit exams, take unpaid leave etc.

Health

If you or your family member fell ill provide details. Hospital records would help if you had them. If you had elderly family members who required support and had no one else to turn to explain. A good way is to write a statement explaining the support that you had to give. It is well known that Covid-19 posed the most risk to those who are elderly or vulnerable.

Family in the UK

If you left the UK during Covid but had family living in the UK provide details. This helps to show that you did not intend to leave the UK for so long. If you were still supporting them from abroad then provide details.

Covid-19 restrictions

Many countries had restrictions during the pandemic. For example, if you are from China, like the person in this case, explain the restrictions that China had during Covid-19. Flights were cancelled and the country was in lockdown. Once flights resumed, mention how soon after you returned.

Efforts to return to the UK.

A good idea is to provide details of efforts that you made to return to the UK. This could be arranging flights, communicating with your UK employer, or University. Email correspondence could really help evidence this.

Accommodation

Provide details if you had to organise temporary accommodation. Were you staying in a hotel? If so, provide details and argue that this cannot be considered a permanent solution. Back in the UK was you still paying your rent and complying with your tenancy, or if you own a property, still applying the mortgage? All of this shows that you had an intention to return much sooner than you did. Bank Statements would be the starting point to evidence this.

Future lies in the UK

Finally, it is a good idea to conclude such an application by providing details as to how you have built a life in the UK, how your future clearly lies within the UK and how any refusal would breach your rights under the European Convention of Human Rights.

The above is of course not an exhaustive list. It is situations that you should think about to see if it applied to you and if so, then any application should argue that the absence should be considered as a compassionate or exceptional.

All applications relying on this should be carefully considered a well prepared. Should you require assistance with such an application, then please contact us.

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Retained right of residence for family members of EU citizens

By Victor Falcon Mmegwa

Can family members of EU citizens acquire independent rights of admission or residence in the UK where they have lost their family connection to the EU citizen they are related to?

Qualifying family members can continue living in the UK lawfully without their EU citizen sponsor. But a person who qualifies for this right does so exclusively on a personal basis, and so cannot be the sponsor for another family member. This is called retained right of residence.

Article 13 of Directive 2004/38/EC states

1.Without prejudice to the second subparagraph, divorce, annulment of the Union citizen’s marriage or termination of his/her registered partnership, as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State.

Before acquiring the right of permanent residence, the persons concerned must meet the conditions laid down in points (a), (b), (c) or (d) of Article 7(1).

2.Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen’s family members who are not nationals of a Member State where:

(a)prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or

(b)by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen’s children; or

(c)this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or

(d)by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. ‘Sufficient resources’ shall be as defined in Article 8(4).

Such family members shall retain their right of residence exclusively on personal basis.

This case will look into how qualifying family members are able to continue living in the UK without their EU citizen sponsor.

Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414

On 19 April 2023, The Court of Appeal made a judgment in Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414. The key issue of the case was whether Mr Balogun enjoyed an EU right to reside after his divorce and release from prison. The appeal pre-dated the end of the transition period and EU law continued to be relevant.

Mr Balogun is a national of Nigeria who had been married to a national of France exercising her Treaty rights in the UK, but who was then imprisoned for 27 months for an offence of dishonesty. Before he was imprisoned, divorce proceedings were begun. While Mr Balogun was in prison, his wife stopped exercising Treaty rights and left the UK. Their divorce was then finalised.

On his release from prison, Mr Balogun relied on the right of residence in Article 13 of Directive 2004/38/EC, arguing that this right was triggered on initiation of divorce proceedings and that he should be treated as meeting the “work” condition in Article 13 while he was in prison relying on the case of Orfanopoulos v Land Baden Württemberg (C-482/01) [2005] CMLR 433).

The Court of Appeal rejected Mr Balogun’s arguments, accepting the Secretary of State’s case that Mr Balogun could only rely on Article 13 from finalisation of his divorce, not initiation, and that since imprisonment brought any lawful residence as a family member under EU law to an end, by the time of his divorce he did not enjoy any EU right to reside which could be preserved by Article 13.

The Court rejected Mr Balogun’s reliance on Orfanopolous, accepting the Secretary of State’s submission that Onuekwere v Secretary of State for the Home Department (Case C-378/12) [2014] 1 WLR 2420 was authority that Mr Balogun did not meet the conditions in Article 7(2) of the Directive while he was in prison.

Our Comments

From the above judgement, we can see imprisonment can bring an end to any lawful residence as a family member of an EU citizen. This is as a family member of an EU citizen who is unable to be employed, self-employed or self-sufficient where in prison. Should you require any assistance, then do not hesitate to contact us.

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Tesco found to have copied the Lidl logo in trademark lawsuit. Why did the High Court come to this decision?

In a recent case, the High Court has ruled that Tesco’s use of its Clubcard logo constituted trademark infringement, copyright infringement and passing off. Tesco filed a counterclaim in response in which they alleged some of the Lidl trademarks were registered in bad faith and are therefore liable to be declared invalid.

You may or may not have noticed that the Tesco Clubcard logo has a resemblance to Lidl’s own logo. Lidl certainly thought so, having originally filed a lawsuit which said that Tesco’s use of the yellow circle on a blue background was an example of the supermarket trying to ride on Lidl’s coat-tails to promote its “Clubcard Prices” discount scheme due to Lidl’s reputation as a discount supermarket.

Lidl’s claim relies on trademarks relating to two versions of the Lidl logo. One is a logo which includes the word “Lidl”, while the other is a logo without the word Lidl. These are known throughout the case as “the Mark with Text” (MWT) and “the Mark without Text” (MWOT). The latter is a graphic made up of a blue background behind a yellow circle which is bordered by a thin red line.

Although the High Court is set to order an injunction against Tesco’s use of the Clubcard logo, Tesco is likely to ask the court to postpone requirements to change its logo until they have heard Tesco’s appeal. The injunction is likely to have a costly impact on the country’s largest supermarket by market share, with its Clubcard logo prominently featured throughout its marketing.

Keep reading to learn more about why the court came to the decision they did in relation to trademark infringement, passing off, and Copyright infringement.

Trademark infringement and passing off

When looking at whether the mark with text (Lidl’s main logo) was similar to Tesco’s Clubcard logo, the judge came to the conclusion that it was. The judge found that the presence within the logos of the brands “Lidl” and “Clubcard” respectively did not undermine this. Lidl brought its claims to the court on the basis of an infringement of Section 10 (3) of the Trade Marks Act.

The requirements for a successful claim mean that a claimant must shows a total of 9 criteria. These include the following:

i. the trade mark has sufficient reputation in the UK,
ii. the defendant is using its sign in the UK,
iii. that use must be in the course of trade,
iv. the use is without the consent of trade mark owner,
v. the defendant’s sign must be identical with or similar to the trade mark,
vi. the use is in relation to goods or services,
vii. the use of the sign must give rise to a link between the sign and the trade mark in the mind of the average consumer,
viii. this has to lead to at least one of the following consequences:
(a) detriment to the distinctive character of the mark (“dilution”), or
(b) detriment to the repute of the mark (“tarnishing”), or
(c) unfair advantage being taken of the distinctive character or repute of the mark (“free riding”),
ix. the use of the sign must be without due cause.

While most of the criteria were successful in the eyes of the judge, there were a few contentious issues which had to be decided.

Evidence for the similarity within criteria (v) included discussions inside Tesco itself, where internal communications saw concerns raised during the development of the Tesco Clubcard signs regarding the closeness in appearance between Lidl’s Mark with Text and Tesco’s Signs.

There were also several other criteria within Section 10 (3) of the Trade Marks Act which the judge assessed in order to decide whether Lidl’s trademark claims were successful.

A key question for the Judge was the question of whether the use of the Tesco Signs meant that the consumer linked them with Lidl’s Mark With Text (vii). In investigating this, the Judge found that consumers believed that the Tesco Signs meant that Tesco was matching their prices with Lidl’s prices. Tesco’s own research carried out in the form of customer surveys also provided support for the idea that the Tesco Signs led the consumer to link them with Lidl. Indeed, in these surveys, some believed that the Tesco Signs were in fact a Lidl campaign. Once again, this was further evidenced by Tesco’s own internal communications.

All of this led to requirement viii, which asks whether it has given rise to one of three possible forms of injury: (a) detriment to the distinctive character of the trademark, (b) detriment to the repute of the trademark, or (c) unfair advantage being taken of the distinctive character or repute of the trademark. These are also sometimes also known as dilution, tarnishing and free riding. The judge found that two consequences were suffered by Lidl: dilution and free riding.

For detriment, it was determined to be very difficult to prove that customers had changed their behaviour as a result of the Tesco signs. Nevertheless, the introduction of said Tesco signs necessitated a campaign by Lidl to address any perceived similarities between the two described as “reasonably expensive” in the form of half-page newspaper adverts.

The unfair advantage requirement was deemed to be fulfilled by Tesco’s benefit from the use of the Tesco signs. The Judge determined that due to the resemblance between the Tesco Clubcard Signs and Lidl Marks, Tesco was able to take advantage of Lidl’s “distinctive” reputation for low prices. It also conveyed the message that Tesco offered quality goods at the same or even lower prices than Lidl.

While it was found that the Mark with Text had been infringed by Tesco, the Mark without Text had also been found to be infringed and was a stronger claim due to the absence of the word “Lidl”.

Passing off

Lidl also won for the passing off claim it had brought to court. Their claim relied on the notion that by using the Tesco Signs, Tesco were alleging that their products shared the same attributes as Lidl’s of being good quality at low prices. Passing off claims usually succeed on the basis that one party tries to deceive the consumer into believing a good or service actually belongs to another party, however this was not quite the case in this instance.

Instead, the passing off claim relates to the consumers being deceived into believing that the defendant’s products are of an quality or price to the claimant’s.

Copyright infringement

When it came to the claim for copyright infringement, Lidl also won. Tesco’s access to the Mark With Text and all of the prior evidence uncovered during the case was deemed to have been proof that Tesco had copied it when arriving at the destination of their design for the Tesco Signs.

The Judge found that the incorporation of the yellow circle within a blue square meant that the Tesco Signs consisted of a substantial element of the Mark With Text.

Tesco’s evidence was undermined by the fact that they had inaccurately explained how the Tesco Sign had come into being during cross-examination. The agency which had been involved in creating the logo was not called upon by Tesco to give evidence. The judge therefore inferred that the agency’s provision of evidence would have damaged Tesco’s case on the development of the signs.

The judge also evaluated the evidence regarding communications between Tesco and the agency, leading them to conclude that the agency copied the Mark With Text’s blue background and yellow circle concept in the development of the Tesco Signs.

As a result, the Judge concluded that Tesco had infringed the Mark With Text.

Despite losing on trademark infringement and copyright infringement, Tesco did have partial success when it came to the counterclaim.

Tesco counterclaim

While Tesco failed to have the four trademark registrations for the MWOT, they did succeed in having the four trademark registrations invalidated.

The reason for their success is that while Lidl applied for a trademark for the mark without text (MWOT) in 1995, and on four further occasions, the Judge decided that Lidl failed to provide positive evidence of an intention to use the MWOT. Nevertheless, the Judge ruled found that the trademark application in 2021 was not filed in bad faith, partly because it had been 11 years since the last registration. Despite the invalidation of the four previous trademark applications, as a result of the latest one, Lidl will continue to have a registration for the MWOT.

Final comments

Tesco has since said that it plans to appeal, however it seems unlikely to succeed. Permission for such an appeal would need to be granted by either the Judge or the Court of Appeal.

The case itself offers an important lesson when it comes to trademark law and copyright law. It is distinct from many other cases because its focus was not on whether customers themselves were confused between the two brands, but whether Tesco exploited the reputation Lidl had for low prices by using a similar logo for its new Clubcard scheme.

It remains to be seen what will happen in the event that Tesco does decide to appeal, or the consequence it will have in terms of opening up the door to similar cases. Nevertheless, it is likely to have a significant impact on Tesco by forcing them to change their branding for their Clubcard range.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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May 4, 2023
Family, Family Law, FAQs

Making a Will – what are some of the most common questions about this topic?

The importance of Wills cannot be understated, however sometimes they can be an area which open up some difficult conversations with families and loved ones. For the fifth and penultimate article in our series of FAQs about Family Law, we will take a look at the importance of Wills, particularly making a will, or will drafting. Keep reading to learn more about the topic of Wills in the form of questions frequently asked by our clients.

Do I need a will?

Having a Will ensures that: 1) Your assets are disposed of as you wish after your death. A professionally drafted Will takes into account your finances and personal circumstances, this will give you the opportunity to discuss your estate planning with your family which will significantly reduce the likelihood of disputes arising after your death; 2) Your assets do not pass under the general intestacy rules and that your estate is administered by people of your choosing (not dictated by intestacy rules). 3) The people who matter most to you are looked after if you die, this is particularly important if you have young children or if someone vulnerable is dependent on you.

What is the process of making a Will?

Initial information will come from a questionnaire filled out by you or from a meeting with you. Information needed include Your personal circumstances (marital status, children and dependents, previous wills etc.); your assets (property, business assets, joint assets, saving, pension, life insurance, debts or liabilities etc.); whether you want gifts to be made through the will etc. We will then prepare a draft will based on your instructions. The time for preparation will depend on the complexity of your estate and personal circumstances.

What are the requirements for a valid Will?

The basic requirements for a valid Will are that the testator must: 1) have the capacity to make a Will, the testator must be of sound mind, memory and understanding when giving instructions for the Will and when they execute the Will. 2) have the intention to make a Will and 3) comply with the prescribed formalities, e.g. be in writing; be signed by the testator or by some other person in their presence and by their direction; have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and be witnessed, where each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator

Who should your executors be?

The executors are the people who will administer your estate, e.g. ascertain your estate, pay any inheritance tax, apply for probate and distribute your estate according to the terms of your Will. Executors can be anyone (including a beneficiary) over the age of 18. It is normal to have at least two executors to ensure they can deal with real property. As executors often play an important role, you will need to consider carefully who they should be. Sometimes professional executors may be the better option e.g., solicitors.

Who are the beneficiaries?

Beneficiaries are the people who stand to benefit from your Will. The general rule is that the testator is free to leave their estate as they wish.

Who do you want to appoint as guardians of your children under the age of 18?

This appointment would take effect if no other person with parental responsibility survives you. It is advisable to discuss any appointment with your spouse and to consider what happens if something were to happen to the appointed guardians.

What assets should be left in my will?

You will need to consider what particular assets you may want to leave to certain people. Gifts in your will are known as legacies. Generally speaking, there are two kinds of legacies: (1) General legacies, which are not distinguished from other properties in the estate, which commonly will be a gift of money; and (2) Specific legacies, which are specific items you want to give away.

You will be asked to provide the list of gifts you would like to make, i.e. the description of the assets and the names and addresses of the intended beneficiaries. Gifts to minors need careful consideration as a gift to a minor beneficiary will have to be held on trust until they reach the age of 18.

If a resident in England and Wales passed away without a Will, what is the order of entitlement under the intestacy rules?

When a person dies without leaving a valid Will, their property (the estate) must be distributed according to the rules of intestacy. If the deceased has a surviving spouse or civil partner, he/she will be entitled to all the personal property and belongings of the person who has died, the first £270,000 of the estate (statutory legacy), and half of the remaining estate.

The other half will be distributed to the deceased’s children. If the deceased passed away without a surviving spouse or civil partner, the estate will be inherited by the children. If the deceased does not have a surviving spouse and children, the order of entitlement would be in the following order: Parents, then brothers and sisters, nieces and nephews etc.

How much does Lisa’s Law charge for will drafting?

Our starting price is £250.00 plus VAT for a simple Will provided that there are no trusts or minor beneficiaries involved (Simple Mirror Wills are £400 plus VAT). If there are any minor beneficiaries involved in the Will, it will be around £350 plus VAT (Minor Mirror Wills are £500 plus VAT). We charge extra if there are other complicated circumstances.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Welcome Beverly

We are excited to welcome Beverly Chan to Lisa’s Law. Beverly joins the team as a legal assistant and has already made a great impression on her colleagues.

Beverly completed her LLB degree at Hull University, as well as the LLM Bar Practice Course at the University of Law.

She is fluent in English, Mandarin, Cantonese, and Malay. Beverly has also done some pro bono work in different areas of law, mainly focusing on family law.

Outside of work, Beverly enjoys both travelling and running.

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Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Is the Home Office now more open to UK visitor visas from China’s Fujian province?

For some time, it has been no secret that the Home Office have tended to refuse visitor visa applications from applicants who are from Fujian Province in China.

The commonly understood reason for this is that it is due to the large number of overstayers in the UK from the Fujian province. The Home Office therefore suspects that everyone from that province will overstay in the UK. The rate of visitor visa applications is extremely low. They tend to refuse them arbitrarily.

However, over the years the economic circumstances of Fujian have changed substantially. The attraction of coming to the UK to live permanently has declined significantly. There are more people who simply want to visit their family members in the UK and not overstay, particularly those who are at senior ages.

Recently, we have been successful in applications from Fujian province, and we therefore wonder whether the Home Office have now become more open to visitor applications from the region. Perhaps finally the Home Office has recognised the significant developments in the region over the years, the growing population of over 41 million, and also recognised that many wish to just visit their loved ones in the UK.

You can find more details on our visit visa requirements here.

Should you wish to visit the UK or want to bring family member to visit you in the UK, then please get in touch.

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Visitor Visa Guidance

A visitor visa permits individuals from foreign countries to visit the UK for various reasons such as tourism, business, study (for courses that last no longer than 6 months), and other permissible activities. The visa allows for a stay of up to 6 months, but in certain cases, such as for medical treatment, it may be possible to apply for a longer stay.

This guide will briefly explain the general requirements that must be met to apply for the visitor visa. All requirements must be strictly met otherwise the application will be refused.

What are the requirements?

You must have a passport or travel document to enter the UK. It should be valid for the whole of your stay.

You must be able to show that:

You will leave the UK at the end of your visit
You’re able to support yourself and any dependants accompanying you during your trip (or have funding from someone else to support you to cover your travel expenses)
You’re able to pay for your return or onward journey (or have funding from someone else to pay for the journey)
You’ll not live in the UK for extended periods through frequent or successive visits, or considering the UK as your primary residence
You must have enough money to support yourself during your stay in the UK

You may need to meet extra eligibility requirements if you’re visiting the UK:

to study, do a placement or take an exam
as an academic, senior doctor or dentist
for medical reasons

What can you do in the UK?

You can visit the UK as a Standard Visitor:

For tourism such as a vacation
To visit family or friends
To volunteer with a registered charity for up to 30 days
To transit through the UK en-route to another country
For specific business activities such as attending a meeting or interview,
To participate in a school exchange program
To undertake a recreational course for up to 30 days
To study, do a placement or take an exam
For academic or medical purposes

What can’t you do in the UK?

Do paid or unpaid work for a UK company or work as a self-employed individual
Claim public funds (benefits)
Make the UK your main home by living in the UK for extended periods through frequent or successive visits
Get married or register a civil partnership, or give notice of marriage or civil partnership during your visit – you must apply for a Marriage Visitor visa

What documents do I need?

To apply for a UK visitor visa, you will need to provide certain documents. These include:

A valid passport or travel document
The intended travel dates for your visit to the UK
The places where you plan to stay during your trip
An estimated cost for your whole journey
Your present home address along with the duration of your stay in the UK
Your parents’ names and dates of births (if known)
Your annually income (if you have income)
Details regarding any criminal, civil or immigration offenses you may have committed

Depending on your circumstances, you might also need to provide:

Your travel history for preceding 10 years
your employer’s address and phone number, your partner’s name, date of birth, and passport number
The name and address of the person financing your travel
The name, address and passport number of any family members residing in the UK
A certificate verifying that you’ve taken a tuberculosis (TB) test if your visit exceeds 6 months

What is the application process?

Submit an application – If you’re applying with family members, each person must submit their own application and pay the visa fee.

After you have submitted your Attend your appointment

After you have submitted your application, you will need to attend an appointment at a UK visa application centre. During the appointment, you will need to provide your biometric information, such as fingerprints and a photograph.

Wait for a decision

Once you have attended your appointment, you will need to wait for a decision on your application. The processing time usually takes around 3 weeks. If your application is approved, you will receive a visa vignette in your passport, which will allow you to enter the UK.

Fast track – how do I get a faster decision?

Collection within 5 working days (priority services): £500

If the ‘priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made within 5 business days from when you provide your biometric information at your appointment.

Next day collection (super priority services): £800

If the ‘super priority service’ is available in the country you’re applying from and you verify your identity at a visa application centre, you can choose this service while applying for your visa. This service will require an extra fee. A decision on your application will be made by the end of the next working day from when you provide your biometric information at your appointment.

Check with your visa application centre to see if fast track services are available in the country you’re applying from. Contact us to find out more information.

What are the fees?

The visa fee for a UK visitor visa varies depending on the length of your stay. You will need to pay the fee online as part of the application process.

	Fee	Maximum length of stay
Standard Visitor visa	£100	6 months
Standard Visitor visa for medical reasons	£200	11 months
Standard Visitor visa for academics	£200	12 months
2-year long-term Standard Visitor visa	£376	6 months per visit
5-year long-term Standard Visitor visa	£670	6 months per visit
10-year long-term Standard Visitor visa	£837	6 months per visit

Contact us today to start the Visitor Visa process

We at Lisa’s Law regularly assist in applying for Visitor Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process.

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How to apply for a UK Spouse Visa

A UK Spouse Visa allows a foreign national to travel to the United Kingdom to live with their partner who is either British or is ‘settled in the UK’. This guide will briefly explain the general requirements that must be met to apply for the spouse visa. All requirements must be strictly met, otherwise the application will be refused.

What are the requirements?

In order to qualify for a spouse visa, you must satisfy a number of requirements. These are as follows:

You and your partner must be aged 18 or over when the application is submitted.
You and your partner must intend to live together permanently in the UK.
The applicant and UK partner must have met in person.
Your relationship with your partner must be ‘genuine’ and ‘subsisting’
You and your partner are legally married in a marriage that is recognised in the UK;
Any previous relationship has broken down permanently
You satisfy a financial requirement.
You speak and understand English to a required level.
There is adequate accommodation for you and any dependents.

Sponsoring Partner

Your application for a spouse visa is based on your partners basis to be in the UK and therefore they must be either one of the following:

A British Citizen.
‘Settled’ in the UK; or
Have Pre-Settled Status under the EU Settlement Scheme.
In the UK with refugee leave or humanitarian protection.
Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA;

Relationship

To satisfy the relationship requirements, you will need to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

You must also ensure that you and your partner are 18 or over and have met in person. If either of you have previously been in a relationship, that relationship has broken down permanently.

Immigration Status Requirement

Along with making an application from abroad, you can make an application from within the UK for the first time, however you must not be in the UK:

As a visitor
With a leave granted for a period of 6 months or less
On immigration Bail
In breach of immigration rules

Should your circumstances fit in the above criteria then please see section below – What if you cannot meet all the requirements?

UK Spouse visa financial requirements

You must show that you meet the financial requirements under Appendix FM and therefore can be adequately maintained in the UK without recourse to public funds.

You will need to demonstrate that you and your partner have a combined gross annual income of at least £18,600 per year as of 2nd April 2024. This is set to increase to £29,000 on 11th April 2024, before eventually reaching £38,700 by “early 2025”. If you have children who are not British, or do not have pre-settled status, then you must show an additional:

£3,800 a year for your first child
£2,400 a year for each child you have after your first child

If you do not meet the income requirement stated about, you may be able to use savings. Contact us to find out more information.

How can you meet the Financial Requirements?

There are a number of ways that you can satisfy the financial requirements which include:

Employment income
Self-employment income
Savings
Investments in stocks and shares
Rental income

If you are in receipt of certain public funds, you may be able to relay on the adequate maintenance and accommodation alternative to satisfy the financial requirements. Please contact us for more information.

Knowledge of English requirement

You will need to show that you speak and understand English to the required level to meet this requirement. It is possible for you to prove this by passing an approved English language test.

You must pass at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your first visa application. Level A2 if you wish to stay in the UK after your first visa and are intending to apply for a renewal. Level B1 if you are applying for settlement here in the UK.

You do not need to take an approved English language test if you have a degree or academic qualification that was taught or researched in English.

You also do not need to prove your knowledge of English if you are a national of one of the countries below:

Antigua and Barbuda
Australia
the Bahamas
Barbados
Belize
the British overseas territories
Canada
Dominica
Grenada
Guyana
Jamaica
Malta
New Zealand
St Kitts and Nevis
St Lucia
Trinidad and Tobago
St Vincent and the Grenadines

What if you cannot meet all the requirements?

It may be possible to still apply for a spouse visa if you do not meet all the requirements if you will face significant difficulties in continuing your family life outside of the UK. Please contact us to find out more information.

What comes after you apply?

Once you application has been submitted, you will need to book a biometric appointment so that you can attend a visa centre to submit your biometrics. You will not be able to submit any further documents after your biometrics have been submitted and your application will be under consideration.

Presently, the Home Office can take up to 6 months from your biometric submission date to decide an application made for the first time unless there is a delay. If you are applying for an extension after your first visa has expired, then you should receive a decision within 6 months from the biometric submission date.

There is a number of reasons why an application can be delayed, but most commonly it can failure to provide all the required documentation, and / or the need to attend an in-person interview.

To help avoid such potential delays, please contact us to Assis with your spouse visa applications, ensuring that avoidable delays, and refusals are dealt with at the application stage.

Is fast track available?

Please note that super priority service is available whereon you will get a decision the next working day. For applications made abroad the Home Office charge an additional fee of £956.00 and for applications made within the UK, the Home Office fee is £800.00.

How much does a UK Spouse Visa cost?

You will need to make payment of both the Home Office fee and Immigration Health Surcharge when your application to the Home Office is ready to submit. As of April 2024, the fees are as follows:

Application	Home Office fee	IHS
Applying outside of UK	£1,846	£1,035 per year
Applying within the UK	£1,048	£1,035 per year

Please note that when applying for entry clearance, the actual fee paid may be higher due to payment being processed in the local currency.

Spouse Visa – Granted

Should your application for a UK spouse visa be granted you will be granted a visa for 33 months. If you have made an application within the UK, then you will be granted a visa for 30 months.

You will be eligible to enter and live in the UK within this time. You will be able work without any restrictions and study in the UK.

When can you apply for settlement?

If you met all the UK spouse visa requirements listed under Appendix FM, then you can apply for settlement after holding the visa for 5 years. If you did not meet the requirements, then you can apply after 10 years.

At Lisa’s Law, we regularly assist in applying for Spouse Visa applications both from abroad, and within the UK. We will advise and represent you throughout the process. Contact us today to start the process.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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News and Insights

Have questions about this article? Get in touch today!

So how should you prepare an application where you have exceeded absences due to Covid?

Article 13 of Directive 2004/38/EC states

Balogun v Secretary of State for the Home Department [2023] EWCA Civ 414

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Contact us today to start the Visitor Visa process

What are the requirements?

Sponsoring Partner

Relationship

Immigration Status Requirement

UK Spouse visa financial requirements

How can you meet the Financial Requirements?

Knowledge of English requirement

What if you cannot meet all the requirements?

What comes after you apply?

Is fast track available?

How much does a UK Spouse Visa cost?

Spouse Visa – Granted

When can you apply for settlement?

Have questions? Get in touch today!

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