Article 10 Residence Card or Visit Visa?

We often get a lot of enquiries asking whether or not they can apply for an Article 10 Residence Card when in fact they should be making an application for a visit visa. Both visa routes allow non-EEA nationals to come to the UK for up to 6 months, however there are many differences between the two. Family members of EU nationals can apply for the Article 10 Residence Card in order to visit their EU national relative in the UK. A visit visa is for non-EEA nationals who wish to visit their British or settled family member under the Immigration Rules. Our Immigration Solicitors in London specialise in both EU and non-EU immigration and we would be happy to arrange a consultation in order to assess your circumstances and advise on the correct visa application.

What is an Article 10 residence card?

An Article 10 residence card is issued under Directive 2004/38/EC of the European Parliament and Council (EC Directive). Under UK domestic law, an Article 10 residence card is referred to as an EEA Family Permit or EU Settlement Scheme Family Permit. Extended family members should apply for the EEA Family Permit as they are not able to apply for the EU Settlement Scheme Family Permit. Direct family members can apply for either family permit. It is possible to apply for either a Residence Card or Pre-Settled Status to remain in the UK past the 6 month validity of the family permit under either route. Once the Brexit transitional period has ended and the UK has officially left the EU, it will no longer be possible to apply for an Article 10 residence card to enter the UK.

What is a Visit Visa for the UK?

A Standard Visitor Visa is an application made under the Immigration Rules Appendix V: visitor rules and replaced the following individual visit visa categories:

  • Family Visitor visa;
  • General Visitor visa;
  • Child Visitor visa;
  • Business Visitor visa (including visas for academics, doctors and dentists);
  • Sports Visitor visa;
  • Entertainer Visitor visa;
  • Prospective Entrepreneur visa;
  • Private Medical Treatment Visitor visa; and
  • Approved Destination Status (ADS) visa.

If successful, the UK visit visa is valid for up to 6 months (or 11 months for Private Medical Treatment or up to 12 months as an academic conducting research) and Applicants must leave the UK at the end of their visit period.

It is not possible to switch into another visa category within the UK whilst on the visit visa.

Is UK tourist visa easy to get?

It is extremely difficult to successfully apply for a UK visit or “tourist” visa, and we often get clients coming to us asking for help and advice following a visit visa refusal. The Home Office often refuses visit visas as they doubt the Applicant’s genuine intention to visit the UK and then return to their home country at the end of their visit period. The onus is on the Applicant to provide sufficient evidence which proves their ties and connections to their home country.

It is important to get visit visa applications right the first time as the more refusals an Applicant receives, the harder it will be to convince the Home Office to grant the subsequent visa. There is also no statutory right of appeal for visit visa applications and the only way to challenge a negative decision is by way of Judicial Review. It is therefore important to contact our Immigration Solicitors in London in order to prepare a visit visa application as our experienced team have a great success rate with these applications; even in cases where there are previous refusals.

Can I apply for 2 years UK visa?

Yes and no. It is possible to apply for multiple entry visit visas for either 2, 5 or 10 years. This is beneficial for frequent visitors to the UK. However, as with the standard visitor visa, multiple visit visa holders can only spend a maximum period of 6 months in the UK at any one time. If you want to come and stay in the UK for longer than 6 months, you will need to apply for a different visa (such as a study, work or family based visa) dependant on your circumstances.

Do I need UK visa if I have German residence permit?

Yes. The UK is not part of the Schengen area and therefore a German residence permit or residence permit from any other EEA country will not be valid for use to travel to the UK. An application for a UK visa will need to be submitted to the Home Office in order to gain entry to the UK, or a passport from an EEA country (until 31 December 2020 when the Brexit transitional period will come to an end).

Using our Immigration Solicitors in London to apply for an Article 10 Residence Card or Visit Visa to the UK

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application to visit the UK.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply for an Article 10 Residence Card or Visit Visa to the UK with our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Article 10 Residence Card or Visit Visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your application to visit the UK and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02071830570 or complete our contact form.

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