Business visitor, academic visitor: VAT12
Published 9 December 2013
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/business-visitor-academic-visitor-vat12/business-visitor-academic-visitor-vat12
1. VAT12.1 Those who qualify
Academic visitors must be either:
- a person on leave from an overseas academic institution who wishes to make use of their leave to carry out their own private research here (to do research for a book for example) or exchange information on research techniques. This may include some collaboration with staff at the host university or use of facilities;
Note: Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions.
or
- academics (including doctors) taking part in formal exchange arrangements with United Kingdom counterparts, for example where a university here is collaborating with an overseas university on research and may exchange personnel for some or all of the duration of the project. Any salary should continue to be paid by the academic’s own overseas institution;
or
- eminent senior doctors and dentists (that is, those considered to be top of their field of expertise) coming to take part in research, teaching or clinical practice.
In addition they must:
- not receive funding for their work from any United Kingdom source (payments of expenses or reasonable honoraria may be disregarded, as may payments on an exchange basis);
- not engage in any work other than the academic activity for which they are being admitted;
- not be filling a normal post or a genuine vacancy;
- not stay in the UK for more than 12 months;
- not intend to take employment in the UK;
- intend to leave the UK at the end of their visit;
- be able to maintain themselves and any dependants without having recourse to public funds (or be adequately maintained and accommodated by relatives or friends);
- be able to meet the cost of the return or onward journey from the UK.
2. VAT12.2 Those who are unlikely to qualify
Recent graduates, especially those who gained their degrees in the United Kingdom, would not normally qualify. Their level of relevant expertise as an academic is likely to be insufficient.
Postgraduate researchers entering the United Kingdom to study for an accredited United Kingdom academic qualification (rather than for the purpose of academic research work that does not lead to a UK academic qualification) should enter as students if they meet the relevant requirements of the Immigration Rules. If they do not meet the student rules then they will need to meet the requirements of Tier 2 of the points-based system.
Lecturers: A person who wishes to come to the United Kingdom solely to undertake a series of lectures for which they will receive a fee will normally be required to seek entry under Tier 2 of the points-based system. Academics may, however, be eligible to enter as a mainstream business visitor for a maximum of 6 months if they are coming to participate in a conference or seminar where it is a single or occasional event, and the event is not a commercial venture.
Those who are on sabbatical leave from private research companies are not eligible for leave under the academic visitor provisions.
Sponsored researchers: A sponsored researcher is a person who wishes to come to the UK to lead or to take part in any formal research project. Formal research projects are those hosted but not necessarily funded by a UK research institution including universities, non-commercial research organisations, charitable organisations and national research councils (such as the Medical Research Council). The sponsored researcher fills a research post and works under the full or partial control of the institution, which will itself benefit from the research. Sponsored researchers can be funded from sources in the UK or overseas.
Sponsored researchers should enter the UK under the Tier 5, Government Authorised Exchange, of the points-based system. However those academics who want to come to the UK simply to share knowledge or experience or to hold informal discussions with their UK counterparts may qualify as an academic under the Business Visitors route. This category may also be suitable for those who intend to conduct research for their own private purposes - such as to do research for a book - and are funded from a UK source (some fellowships exist to facilitate such research).
3. VAT12.3 Is entry clearance mandatory for Academic visitors?
Entry clearance is mandatory in this category for those seeking more than six months leave to enter. However, it is not mandatory for non-visa nationals seeking leave to enter for six months or less.
4. VAT12.4 What is the maximum stay in the UK for an Academic visitor?
Entry clearance will normally be issued for 12 months in this category on Code 3. The maximum permitted stay in this category is 12 months and the Home Office will not grant extensions of stay beyond this.
5. VAT12.5 Do partners and dependants of Academic Visitors require entry clearance?
Partners and dependant children intending to accompany or join an academic visitor may be granted entry clearance in line with the principal applicant, providing they meet the general visitor / child visitor requirements.
Dependants who are not visa nationals may be admitted without entry clearance for a period of up to 6 months as a general visitor / child visitor. Both visa nationals and non visa nationals who wish to come for longer than 6 months can be granted entry clearance for a period not exceeding 12 months provided that all of the requirements of the general visitor / child visitor paragraphs of the Immigration Rules are met.
6. VAT12.6 Schooling
The requirement that a visitor must not intend to study at a maintained school may be waived in respect of a dependant of a person who has entered the United Kingdom for the purpose of an Academic Visit, regardless of the period of leave for which they are admitted.
Note: Admission to maintained schools is not an immigration matter. The Department for Children, Schools and Families has policy responsibility in respect of admissions to schools in England. Admissions policy elsewhere in the United Kingdom are matters for the devolved administrations of Scotland, Wales and Northern Ireland. Responsibility for deciding whether to admit a child to an individual maintained school rests with the school’s admission authority, which is the local authority in the case of a community or voluntary controlled school, and is the school’s governing body in the case of voluntary aided or foundation school.
Where the length of stay is so short that it would not be practicable to admit the child to school it may be reasonable for an application for a school place to be refused.
7. VAT12.7 Can academic visitors switch into points-based system (PBS) employment?
No. A person who obtains leave to enter or remain as an academic visitor under these provisions is not permitted to switch into PBS employment.
8. VAT12.8 Entry clearance endorsement
Entry clearances should be endorsed:
- D: ACADEMIC VISITOR’. LTE UP TO 12 MONTHS. CODE 3; or
- D: TO JOIN/ACCOMPANY HUSBAND/WIFE/PARENT(S)’.LTE UP TO 12 MONTHS.CODE 3.
9. VAT12.9 Examples of refusal wordings
Wording for refusals: Section 1-5 (can be downloaded under ‘Related documents’ on the right of this page).
10. VAT12.10 Do Academic visitors have full rights of appeal?
No. Academic visitors only attract limited appeal rights.