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What is ‘entry clearance’?
Entry clearance in basically permission, often called ‘leave’, to enter the UK. Broadly speaking, non-British nationals require entry clearance to enter the UK. Entry clearance is commonly given in the form of a ‘visa’.
Citizens of some countries require entry clearance before traveling to the UK, and they are referred to as ‘visa-nationals’ because they require a visa before traveling. Citizens of other countries can travel to the UK for a visit or stay of a temporary nature without entry clearance. They are sometimes called ‘non-visa nationals’ because they do not require a visa before traveling. Non-visa nationals still need entry clearance to enter the UK, but they can apply for it on arrival at the UK.
Even non-visa nationals require entry clearance if they are applying for settlement in the UK.
How do I tell if I need entry clearance before traveling to the UK?
The list of countries which have had a visa requirement imposed on them is always changing. At the time of writing, the latest countries to have been added to the list were Jamaica and Zimbabwe, late in 2002.
The list is kept up-to-date on the website of the Immigration and Nationality Directorate of the Home Office at Appendix One of the Immigration Rules.
Non-visa nationals applying under one of the following categories also require entry clearance before traveling:
- Husband, wife, child or other dependant of a person settled in the UK
- A teacher or language assistant under approved exchange schemes including their spouses and children udder 18 years old.
- Representative of overseas media
- Sole representative of an overseas firm
- Private servant in a diplomatic household
- Minister of religion
- Airport based ground staff of an overseas airlines, including their spouses and children under 18 yr. of these
- An investor
- A writer, composer or artist
- A person setting up a business
- A person setting up a business under the provisions of EC association agreements including their spouses and children under 18 yr.
- A retired person of independent means including their spouses and children under 18 yr.
- A person exercising rights of access to a child resident in the UK.
- A fiancé(e) seeking entry with view to marriage and permanent settlement in the UK.
- Categories exceptionally allowed outside the Rules.
- (Commonwealth citizens only) as a person taking or seeking employment, one of whose grandparents was born in the UK, or as a working holiday-maker).
In a recent change announced by the Home Office, all those traveling to the UK in the future for a visit or stay of longer than six months will need to get entry clearance before traveling. This measure is being phased in gradually. From 13 November 2003 it will apply to nationals of Malaysia, Singapore, Hong Kong, Japan, South Korea, Australia, New Zealand, South Africa, Canada, and the USA, although there will also be a two month grace period before it is enforced rigorously.
To sum up, the following categories of people need to apply for entry clearance before traveling to the UK:
- Nationals of countries listed in Appendix One of the Immigration Rules
- In the future, all nationals traveling to the UK for a visit or stay of longer than 6 months, starting from 13 November 2003 with nationals of Malaysia, Singapore, Hong Kong, Japan, South Korea, Australia, New Zealand, South Africa, Canada, and the USA.
- Nationals of any country who are applying for settlement.
Note that:
- Dependants are charged the same fee as that paid by the main applicant with whom their application is connected. All dependants who are traveling must pay the appropriate fee whether or not they are included in the main applicant's passport.
- Fees are usually payable in local currency and are subject to periodic review.
- They are charged to cover the cost of processing an application.
- If an application is refused, the fee is not refundable.
Once entry clearance has been granted, what happens next?
A person granted entry clearance must enter the UK whilst it is valid. Entry clearance is valid from the date of issue to the date of expiry. When you enter the UK, the visa is presented to an Immigration Officer, who will usually endorse the entry clearance and date-stamp it. It is then valid for the period stated. For example, a visit visa must be used within 6 months but once used will usually be valid for a further six months.
Does entry clearance guarantee entry to the UK?
Usually, yes. However, an Immigration Officer may refuse to endorse the entry clearance and refuse to grant leave to enter if:
there has been a change of circumstances such that leave to enter should be cancelled;
leave was obtained by giving false information or failing to disclose material facts;
medical reasons make it undesirable to admit the person (unless the person is settled in the UK or there are strong compassionate factors);
the person’s exclusion is conducive to the public good.
How do I apply for entry clearance?
You need to apply at the nearest British entry clearance post using the correct form. There are different forms for each type of entry clearance.
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