Visitors under the UK/China Approved Destination Status (ADS) Agreement

The visitor visa is the most popular single route for individuals coming to the UK for tourism, to visit family or for  business or other special purpose visits.
In line with the recent review of the UK immigration system by the government, new rules have been implemented from 27 November 2008 to reform specific categories of the “visitor” visa.
The idea behind this reform is to ensure that visitors clearly understand  the range of activities they are allowed to undertake whilst in the UK on a visitor visa.

Reasons why you may wish to visit the UK
There are numerous reasons why an individual may wish to come to the UK for a short period. In addition to visiting family, sightseeing or visiting on business, people may wish to visit the UK to get married or undertake a civil partnership ceremony, arrange plans for studying in the UK, undertake a short course, attend important events, visit the UK as a representative of a company or conduct research or sit a test/exam in the UK.

General requirements for coming to the UK as a visitor
Individuals intending to visit the UK must be able to demonstrate that they wish to visit the UK for no more than six months and that they will be leaving the UK at the end of the visit. In addition, individuals must be able to show that they have sufficient finds to maintain and accommodate themselves (and any dependants) without assistance from UK public funds.

The exceptions to this general rule are for ‘academic visitors and ‘parents of children at school in the UK” who are entitled to stay in the UK for a maximum period of 12 months.

Categories of the “Visitor Visa”
It is important that if you intend to visit the UK that you apply for the correct category of visitor visa before entering the country as you are required to comply with the conditions on your visa. Any breach of visa conditions during your stay in the UK may result in adverse consequences; and it is therefore recommended that you ensure that your intentions for coming to the UK are adequately reflected in the type of visitor visa you apply for.

The different categories of “Visitor Visa” are as follows:

  • Business Visitors
    • Academic visitors
    • Advisers, consultants, trainers, trouble shooters who are employed abroad by the same company which has the UK branch
    • Individuals undertaking specific, one –off training in techniques and UK work practices or coming for business meetings/negotiations
  • Visitors under the UK/China Approved Destination Status (ADS) Agreement

 

Visitors under the UK/China Approved Destination Status (ADS) Agreement

If you are a national of the People’s Republic of China and you simply wish to enter the UK for a short visit, you may apply as a visitor under the UK/China Approved Destination Status (ADS) Agreement.

A. Requirements

1. You will need to demonstrate that you are a national of the People’s Republic of China.

2. You will be required to demonstrate that you only wish to enter the UK for a short time, not exceeding 30 days.

3. You must be able to show that you intend to enter the UK, travel within the UK and exit the UK only as a member of a tourist group of 5 people or more under the ADS Memorandum of Understanding.

4. You must be able to show that you have no intention of working or studying or conducting business in the UK.

5. You must be able to show that you intend to leave the UK after your visit and demonstrate that you can meet the cost of the return or onward journey.

6. You must show that you have sufficient funds to maintain and accommodate yourself (and any dependants) without working in the UK or receiving assistance from UK public funds. Alternatively you can show that your relatives or friends or an organisation will be financially supporting and/or accommodating you.

B. Activities not permitted under the UK/China Approved Destination Status (ADS) Agreement visa

  • You must not take employment in the UK
  • You must not study in the UK
  • You must not intend to charge the public for services provided or goods received
  • You must be based abroad and have no intention of setting up a base in the UK
  • You must not receive a salary/remuneration from the UK

C. Documents required

If you wish to apply as a visitor under the UK/China Approved Destination Status (ADS) Agreement, you should ensure that you have the following documentation:

  • Confirmation that you are a national of the People’s Republic of China
  • Confirmation and details of the purpose you are going to the UK for
  • Evidence of why you are required to come to the UK
  • If employed: Letter from employer approving your leave for a specified period. The letter should include details of your employment, duration, your position, salary etc. and should detail when you are expected to resume work
  • If self-employed: Evidence of your business activities, accounts and financial credibility
  • Evidence of ties to your home country – e.g. ownership of property, family ties/responsibilities, employment ties
  • Evidence of your travel plans – ticket bookings, hotel bookings, itinerary
  • Bank statements for the last 3 to 6 months
  • Evidence of additional savings and any other assets

D. Extension & Switching

The maximum you can stay in the UK  is  30 days under this category of visa. You can be granted leave to enter the UK under this category subject to a condition prohibiting employment and provided you hold an ADS Agreement visit visa.

You are not permitted to change into another visa category.

Please note that upon the expiry of your visa, you are required to leave the UK. If you stay beyond the expiry of your visa, you will remain illegally in the UK and you will be considered an “overstayer”. This may have an adverse impact on your immigration record and is likely to affect any future UK immigration applications. This could even result in you being banned from re-entering the UK for a certain period of time.

E. Right of Appeal

Applicants can  be refused a visa to enter the UK as a visitor under the UK/China Approved Destination Status (ADS) Agreement and would normally  receive a detailed letter explaining the reasons for refusal.

There is no right of appeal against the Entry Clearance Officers decision to refuse any visitor visa application. We therefore advise that if applicants have been refused a visa as a visitor under the UK/China Approved Destination Status (ADS) Agreement, they should seek legal advice on the procedure for submitting a fresh application.

In case of visitor visa refusal, the only judicial remedy is Judicial Review. This is where a Judge reviews the lawfulness of a decision or action made by the British Embassy/Home Office in the High Court. If you wish to explore this option further then please contact us to arrange a consultation.

F. Our Services

  • We can advise on the procedure of making an application as a visitor under the ‘China Approved Destination Status (ADS) Agreement application and discuss the merits of your application.
  • We can advise on the procedure involved for applying for dependant visas for members of your family.
  • We can advise on the evidence required for the entry clearance application.