New visitor rules from 6th April 2013

The UKBA has issued a statement of changes to the Rules relating to visitors. They are trying to "combat" what they call "de facto residence" (ie. living in the UK on visit visas).

As of 6th April, there will be a new requirement that the visit visa applicant "does not intend to live for extended periods in the United Kingdom through frequent or successive visits".

For most US Citizens who don't require a visit visa in advance, this isn't a direct requirement but it may be that entry is refused at port if successive visits are made to the UK, experiences of which we have heard of on UKY.


Another amendment is that, if visiting family or friends, they need to be present in the UK at the time of the visit and if that family member/friend is providing finances/accommodation, they need to demonstrate that they are able and intend to do so. Where this comes into play is if you're visiting, say, your brother in the UK and another person, say, your aunt is providing accommodation, then your aunt needs to be in the UK at the time of the visit as well.

When I'm in the states and give my family or friends the keys to my house they are going to be refused entry because I'm not in the UK?

The UKBA has issued a statement of changes to the Rules relating to visitors. They are trying to "combat" what they call "de facto residence" (ie. living in the UK on visit visas).

That's good to know and maybe not such a bad idea.

I'm no immigration lawyer    however, are you sure when you say

 

Another amendment is that, if visiting family or friends, they need to be present in the UK at the time of the visit and if that family member/friend is providing finances/accommodation, they need to demonstrate that they are able and intend to do so. Where this comes into play is if you're visiting, say, your brother in the UK and another person, say, your aunt is providing accommodation, then your aunt needs to be in the UK at the time of the visit as well.

 that this 

Changes related to Visitors
7.24 Clarificatory changes to the
Visitor rules will prevent abuse by visitors who are living in the UK through frequent, successive visits and will strengthen the Rules for a third party who is providing support to a visitor (either financial support or accommodation) by requiring them to demonstrate they are able and intend to do so, and are legally present in the
UK.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2013/hc1039.pdf?view=Binary

is referring to the physical presence of the third party in the UK?

 I took it that they were referring to the immigration status of the third party ie are they legally present in the uk?
I suppose, it may be that both are required which would certainly make sense.

I'm visiting the UK for 3wks, will be leaving next wednesday. I'm hoping this means they won't be interrogating more then usual but then again, I haven't been to the UK since June last year so long as visits are spaced, it shouldnt be a issue right?

That's good to know and maybe not such a bad idea.

I'm no immigration lawyer    however, are you sure when you say

 
 that this 

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2013/hc1039.pdf?view=Binary

is referring to the physical presence of the third party in the UK?

 I took it that they were referring to the immigration status of the third party ie are they legally present in the uk?
I suppose, it may be that both are required which would certainly make sense.

The new rules will read as this:

"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 by relatives or friends who can demonstrate they are able and intend to do so, and are legally present in the United Kingdom, or will be at the time of their visit"

My interpretation of that is that the third-party needs to be physically present in the UK if the third-party is providing maintenance and/or accommodation. How strictly they will apply it and exactly in what circumstances will need to be seen when they publish new policy guidance.


In your case, NYYankeesFan, a refusal would be absurd but then again we are talking about the UK Border Agency.........


Kismet, you should be fine and the new rules don't kick in until 6th April