Guemlum Posted November 24, 2013 Posted November 24, 2013 The following information is part of the check list on the Home office Uk border agency website. My question, is how does one prove you are not going to carry out the following?. Off course we have no intention or does my partner have any intention of the below as we do not wish to jeopordise any future application. You must also be able to show that, during your visit, you do not intend to: take paid or unpaid employment, produce goods or provide services, including the selling of goods or services directly to members of the public; do a course of study, as long as this study is not the main reason for your visit (see the General visitors page for 'permitted study'); marry or register a civil partnership, or give notice of marriage or civil partnership; carry out the activities of a business visitor, a sports visitor or an entertainer visitor; or receive private medical treatment. Guemlum
7by7 Posted November 24, 2013 Posted November 24, 2013 You can't prove that you wont do something. In your sponsor's letter, outline the purpose of the visit and, if you feel the need, state that you and the applicant are aware of the above restrictions. You may find UK visit visa basics helpful.
Skint Posted November 24, 2013 Posted November 24, 2013 You basically need to show on your letter that you are going to be responsible for this and that you ensure it won't happen and that everything falls on your neck. Sent from my iPhone using Thaivisa Connect Thailand
Guemlum Posted November 24, 2013 Author Posted November 24, 2013 Thankyou all, I have already outlined that we will not be jeopordising future applications in my opening letter. Guemlum
paully Posted November 25, 2013 Posted November 25, 2013 "You must also be able to show that, during your visit, you do not intend to:" It's about the elements of a criminal offence - to commit it you need the act of actually working/studying/marrying without permission and the intent to do so, what lawyers call the mens rea. It means that the entrant would be entering illegally because the intent to do one of these things had already been formed. As long as you give assurances in your letter that your partner has no plans to do any of these things she should be fine.
7by7 Posted November 25, 2013 Posted November 25, 2013 You basically need to show on your letter that you are going to be responsible for this and that you ensure it won't happen and that everything falls on your neck. Sent from my iPhone using Thaivisa Connect Thailand Only undertakings regarding financial support and accommodation are mentioned in the Immigration Rules; any other undertakings or guarantees from the sponsor or a third party are unenforceable in law. If such an undertaking is given, the ECO may consider it along with all the other evidence, but cannot give it undue weight. See ECB12.2 Undertakings from sponsors, MPs etc.
ThaiVisaExpress Posted November 25, 2013 Posted November 25, 2013 That's the guidance however you will need to demonstrate on the balance of probabilities the applicant will return at the end of her stay.
7by7 Posted November 25, 2013 Posted November 25, 2013 Indeed, but my point being that Skint's remark that "everything falls on your (the sponsor's) neck" is incorrect. Any undertaking from the sponsor that the applicant will leave the UK or not break any other conditions of their visa would be unenforceable and if the visitor did break the conditions of their visa in any way then no action would, or could, be taken against the sponsor. Unless it could be proven that the sponsor had illegally aided and abetted the applicant in some way. Or have I got that wrong?
ThaiVisaExpress Posted November 25, 2013 Posted November 25, 2013 The applicant will need to demonstrate positive evidence such as : Assets & ties to Thailand Employment Children Previous immigration history
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now