Terms and Conditions of Service

Introduction
Interpretation
Amendment to these Terms and Conditions
Your use of the Website or visitor material and conduct
Your legal obligations/ Your promises to Us
Security and Privacy
Cancellation of Your Application
Liability and Our legal obligations and limits on liability
Fees and Currency
Payment
Confirmation of Payment
Registration, passwords and security
Registration of Your Application
Applications to Commonwealth countries and British Overseas Territories
Your Obligations
Supply of Your Biometric Data
Our obligations
Cancellation and withdrawal of applications
Chargebacks
Intellectual property rights
Waiver
Severability
Consumer Protection (Distance Selling) Regulations 2000
Complaints
Legal disputes
Law and Jurisdiction
Other important information

Introduction
1. Please read these terms and conditions (the "Terms and Conditions") carefully. You are required to read and understand them before instructing Us to proceed with Your Application. If you do not accept these Terms and Conditions, please do not use this Website nor the Services provided by us, as described on this Website.

2. By using this Website to request Services from Us, You accept these Terms & Conditions.

Interpretation
3. Where the context admits:

"We" or "Us" means the Secretary of State for the Home Department acting through the United Kingdom Border Agency whose principal place of business is at 2 Marsham Street, London, SW1P 4DF, United Kingdom or any party acting on Our implicit instructions (with "Our" being construed accordingly).

"You" includes the person requesting the Services or any party acting on such person's instructions (and "Your" shall be construed accordingly).

The "Services" means the processing by Us of Your Application, as an entry clearance decision to enter the UK, or for handling and forwarding an application to enter a Commonwealth or Overseas Territory via the Website. Please note that other services, included those provided by Our commercial partners where they are providing assisting premium and priority services cannot be requested and paid for through Our Website, and are out of scope of the Services.

The "UK" includes mainland Great Britain, Northern Ireland and the Crown Dependencies.

"Commonwealth" means the Commonwealth of Nations, an intergovernmental organisation of fifty-four independent member states.

"Overseas Territories" means British Overseas Territories of the United Kingdom excluding the Sovereign Base Areas on Cyprus and the British Indian Ocean Territory.

"Application" means an application from You for the provision of the Services.

"Fee" means any fee specified in legislation made under section 51 of the Immigration, Asylum and Nationality Act 2006 which must accompany an Application.,.

"Website" means: Our website, the address of which is http://www.visa4uk.fco.gov.uk/

"Locally Acceptable Currency" means the currency We define as an acceptable currency in which payment can be made, in relation to a country of application. Normally this will be the national currency of the country of application but in some instance the national currency is not designated as the currency of payment, because of limitations dictated by the global financial services market and Our online payment service provider.

"Chargeback" means a transaction that reverses a previous credit or debit card transaction made by a customer, which is initiated by that customer's Issuing Bank.

"Issuing Bank" means the financial institution that a particular customer's chargeable credit or debit transactions are routed for authorisation, clearing and payment;

The headings used in these Terms and Conditions are included to assist their interpretation only, and do not form part of these Terms and Conditions.

In these Terms and Conditions:

  • - References to the singular include the plural;
  • - References to "Acts" are to acts of the United Kingdom Parliament and shall be deemed to include any subordinate legislation of any sort made from time to time under that Act
  • - Any references to any legislation shall be construed as a reference to that legislation as subsequently amended or re-enacted
  • - References to a "Paragraph" are to a paragraph of these terms and conditions.

Amendment to these Terms and Conditions
4. We are constantly looking for new ways to improve this Website. We therefore reserve the right to amend these Terms at any time.

5. We reserve the right to update these Terms and Conditions at any time with immediate effect by publishing the updated Terms and Conditions on the Website. All such changes will take effect once they have been posted on the Website and You will be deemed to have accepted any such changes by Your use of the Website from such time, or, where possible, giving notice to you by email to Your last known email address, such notice to be effective immediately. If you do not agree to the relevant change, your only remedy is to ask for a refund of the Fee to be issued, where such a refund is still applicable.

Your use of the Website or visitor material and conduct
6. You agree that in using the Website You will not:

  • use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
  • transfer files that contain viruses, trojans or other harmful programs;
  • seek to bypass or interfere with any security features of the Website, or interfere with any of Our websites, servers, or networks.

7. We reserve the right to suspend, restrict or terminate Your access to this Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.

8. We may at Our sole discretion restrict access to some parts of our Website, or Our entire Website, to limited groups of users such as users who have registered with Us.

Your legal obligations/ Your promises to Us
9. You confirm that:

  • all information and details provided by You to Us (including on registration, if applicable) are true, accurate and up to date in all respects and at all times;
  • You will comply with the restrictions on Your use of the Website as set out in paragraph 6 and as set out elsewhere in these Terms; and
  • in relation to any material submitted to the Website You have the right to do submit such material and have obtained all necessary licences and or approvals.

10. You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of the Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party. Security and privacy

Security and Privacy
11. You must read Our Privacy Policy which contains important information about the use of Your personal data other information regarding Your privacy and Our security processes and policies.

12. We may co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching Clause 6 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.

Cancellation of Your Application
13. Your Application will be invalidated and You will have no recourse to a refund of the Fee if:

  • You fail to make payment of the Fee to Us once it has become due;
  • when requested by Us to do so, You fail to provide us within a reasonable time with sufficient information to enable Us to determine either the accuracy and validity of any information supplied by You, or Your identity, in relation to your Application;
  • We suspect you have engaged in, or are about to engage in, or have in any way been involved in, fraudulent or illegal activity on the Website.

14. We reserve the right to cancel your Application at any time with immediate effect by giving you notice, without cause.

Liability and Our legal obligations and limits on liability
15. Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for:

  • (a) death or personal injury caused by Our negligence;or
  • (b) fraud;or
  • (c) any other liability which cannot be excluded or limited under applicable law.

16. Subject to Paragraph 15 above, We will not be held liable or responsible for any direct or indirect loss or damages to Your business, person or computer system or loss of data that results from your use of this Website, or to that of any third party, nor for any loss of profits, opportunity or data by You.

17. Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information on the Website itself will be free from errors or omissions.

18. We do not warrant that the Website will be available uninterrupted and in a fully operating condition.

19. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

20. All content on the Website is provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of the Website or its content, including, without limitation, any advice given and statements made on or via the Website. Any decisions or action taken by You on the basis of information provided on or via the website are at Your sole discretion and risk and You should obtain professional advice where necessary. Nothing in the Clauses for Our legal obligations and limits on liability shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

21. Subject to Paragraphs 15, 16, 17, 18, 19, and 20 above, Our liability shall in no circumstances exceed the total Fee paid to Us by You.

Fees and Currency
22. Fees for entry clearance and related services are set in UK legislation in UK pounds (GBP). Changes to the Fees are approved by the UK Parliament.

23. Fees are set in Locally Acceptable Currency using rates set under the UK Consular Rate of Exchange mechanism and may be subject to change. The Locally Accepted Currency applied to Your Application is based on the country You selected for Your biometric assessment. We define what currency is Locally Acceptable Currency for Your country of application.

Payment
24. The Fee is payable in accordance with legislation, not for the guaranteed delivery of a visa. You will therefore not be entitled to a refund of the Fee, should Your application for entry to the UK or Commonwealth and Overseas Territories be refused or granted for a shorter time period than You applied for.

25. Where online payment of the Fee is required, You shall make this by credit or debit card or any other electronic payment methods accepted by Our payment gateway, only. We debit credit and debit cards on the day of payment.

26. If payment for Your Application is not required online at the time of Your Application, We will define how, where and in what currency local payment can be made.

27. Payment may be made either by You, or by a person or organisation paying on Your behalf (e.g. a sponsor such as an employer/school, a relative, or the person the You intend to visit).

28. We cannot accept liability for a payment not reaching the intended account due to You or Your sponsor quoting an incorrect account number.

29. We cannot accept liability if payment is refused or declined by the credit/debit card supplier, other electronic payment method supplier, or Your or Your sponsor's banking supplier, whether due to You quoting incorrect card details, or any other reason.

30. If the credit/debit card supplier declines payment, We are under no obligation to bring this fact to Your attention. You should check with their Your bank/credit/debit card supplier that payment has been deducted from their account.

31. It is a crime to use a false name or a known invalid credit or debit card. Anyone caught wilfully making an erroneous or fictitious Application will be prosecuted to the fullest extent of the law. We may also prohibit future entry clearance applications for a period of up to 10 years.

32. We track the electronic 'fingerprints' of every application made through this Website, to enable Us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on Our website.

Confirmation of Payment
33. You will receive a confirmation of your payment by email, as well as an on screen confirmation, after You make payment of the Fee.

Registration, passwords and security
34. Certain sections of this Website including are available to registered users only. Registration is required to create an application for a visa or entry permit. In order to register with the Website you are required to submit your email address, and create a password. The Website will generate a unique User Name.

35. You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where Your Password or User Name is used by someone else. You agree to notify Us immediately using the online feedback form of any unauthorised use of Your Password or User Name of which You become aware.

Registration of Your Application
36. In order to receive the Service, You are required to complete a user registration process. By completing the process, You will authorise Us to maintain an account registered in Your name ("Visas4UK Account"). On confirmation of Your registration by Us, You will become a registered user of Visas4UK (a "Registered User").

37. Among other details, You will be asked to choose a password when performing the user registration process. You must keep Your password confidential, as all entries made using Your password will be treated as valid and as having been made by You.

38. You are not permitted to become a Registered User, nor to use our Service, if You are under 18 years of age. A Registered User may act on behalf of a person under 18 years of age for the purpose of making an application or making a payment for any application.

39. When registering, You must provide Us with a working email address, which You check regularly and a password. We will provide You with a unique username when You save or submit Your Application. Once Your user name is confirmed, it cannot be changed. However, We reserve the right to change Your user name if required.

40. The username is unique for each user. You must ensure that other parties do not gain access to Your password; if they do so they will be able to make applications on Your account. Any applications placed from within Your account will be treated as if they have been placed by You.

41. You agree to provide to Us promptly details of any changes to Your contact information.

42. For details on our data protection and copyright obligations, please refer to our Privacy Policy. Please also note our Website policy with regards to cookies that is also contained in the Privacy Policy.

Applications to Commonwealth countries and British Overseas Territories
43. British visa-issuing Posts in non-Commonwealth countries issue visas on behalf of independent "Commonwealth" countries except where a Commonwealth country either has a visa-issuing Mission established in the country, or has made special arrangements. All British entry clearance issuing Posts issue visas for "Overseas Territories". Details of what applications Posts accept for Commonwealth and Overseas Territories can be found on the www.ukba.homeoffice.gov.uk/countries site, by selecting the country you are applying from.

Your Obligations
44. Please note that it is Your responsibility to comply with your own national laws applicable to the use of the Service.

45. By accepting these Terms and Conditions, you accept that Your Application may be refused and You may be banned from coming to the UK for 10 years if You use a false document, lie or withhold relevant information. You may also be banned if you have breached immigration laws in the UK. 'New' travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both). False representation may also be an offence in Your country of application and We may be obliged to inform the relevant local authorities of an offence.

Supply of Your Biometric Data
46. You will progress your Application by undertaking a successful biometric appointment, or received an exclusion from submitting biometric data. We aim to offer a biometric appointment within one week of receipt of receiving Your valid Application. A valid application is one where an application has been completed on the Website and We have received the required Fee.

47. Unless agreed with Us, where Your Application requires you to submit biometric data, if you have paid the Fee in respect of Your Application but have not undertaken and completed an appointment to supply Your biometric data within 3 months and seven days of submitting Your valid Application, Your Application will be deemed to have been processed and You will not be eligible for a refund of the Fee.

Our obligations
48. On receiving Your valid Application, We will process it by providing the Services, in order to reach a decision. Our decision will be based on the immigration rules and policies applicable to the territory to which entry clearance is sought.

49. We will process Your Application in accordance with the provisions of the Data Protection Act 1998 and our Privacy Policy.

50. We cannot provide an estimate of when the decision will be completed, although most applications are processed within published customer service standards targets.

Cancellation and withdrawal of applications
51. Your Application is finalised once You have submitted Your completed Application and paid the specified Fee. Should You wish to withdraw Your Application after it has been finalised, You can only get a refund of the Fee if (a) You have not given your biometric data, (b) if we have not started processing it and/or if (c) neither Paragraph 13 nor 47 applies.

52. To apply for a refund, You must complete our Refund Request form

53. The Fee will be refunded only if Your Application is withdrawn prior to any processing taking place, or if Your biometric information has not been taken. This is due to the administrative costs that are incurred for processing Your Application. Refunds will not be given if Your Application is refused, or if a long term visit visa is granted for less than the period applied for.

Chargebacks
54. Should you wish to withdraw or cancel your Application, you should confirm whether you are eligible for a refund of the Fee under Paragraphs 13, 47 and 51 to 53 inclusive above. Any refunds should be claimed in accordance with the procedure set out at Paragraph 52.

55. We expect You to contact Us using our online feedback form to resolve any problem or issue related to your Application and payment, before you make any Chargeback request, . This Paragraph 55 does not affect any rights which you may have against the issuer of a debit or credit card.

56. We will investigate any Chargeback requests made by You and in response will inform Your Issuing Bank whether any visa, entry certificate or entry permit issued against Your Application has been returned. If, in association with a Chargeback request, You return an unused visa, entry certificate or entry permit, it may be cancelled at Your request but such cancellation will not trigger a refund.

Intellectual property rights
57. Material featured on this website www.visa4uk.fco.gov.uk is subject to Website Copyright protection unless otherwise indicated and all rights are reserved. The Website Copyright protected material, other than the designs, graphics, logos, Foreign and Commonwealth Office and Home Office crests, may not be reproduced.

58. Our name and logo, and any other graphics, logos and trademarks used in relation to the Services are Our intellectual property and We grant You a licence to use them only to the extent necessary for You to make Your Application and to receive the Services, and that you may only download such material and content for the purpose of using this Website. You must not use our trademarks in association with the products or services of a third party, nor in a manner which could, either directly or indirectly defame or discredit Us or a third party. All other trademarks and trade names appearing in relation to the Services (including names of products belonging to third parties) remain entirely the intellectual property of their respective owners.

59. The permission to reproduce Crown protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holder(s) concerned.

60. Other than as expressly permitted on this Website, You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website. Regardless of the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose only of viewing it provided that no more than one temporary copy of any information is made.

61. Any use other than that permitted under paragraphs 57-60 may only be undertaken with Our prior express authorisation.

62. By submitting information, text or other content to Us via the Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose and remove such materials from the Website. Links to and from other websites

63. You may establish links to the Website provided that:

  • You link only to the home page of the Website;
  • You do not remove or obscure, information notices, the copyright notice or other notices on the Website
  • You give us notice of such link by using the online feedback form; and
  • You immediately stop providing links to the Website if notified by Us.

64. We may provide links to other websites from time to time (via information notices or otherwise). These links are provided for Your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party.

Waiver
65. A failure by Us to exercise a right or remedy available to Us shall not constitute a waiver of that right or remedy.

Severability
66. If any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable by any court, such provision shall be severed and the remainder of the provisions of the Terms and Conditions shall continue in full force and effect as if the provision in question had been deleted.

Consumer Protection (Distance Selling) Regulations 2000
67. The provisions of the Consumer Protection (Distance Selling) Regulations 2000 shall not apply to the Services.

Complaints
68. Should You have any complaints regarding the Services received from Us, please use the online complaint process detailing the nature of Your complaint. We will acknowledge the complaint within 20 working days and provide a likely timescale for resolving the dispute, while keeping You informed about progress.

Legal disputes
69. If a dispute arises between You and Us, We strongly encourage You to first contact Us directly to seek a resolution.

Law and Jurisdiction
70. Our relations with You will be governed by the law of England and Wales. The English courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions, or use of the Website.

Other important information
71. We may not necessarily keep a copy of these Terms and Conditions with your Application. We advise You to keep a record of your Application and print a copy of these Terms and Conditions for Your information in the future.

72. All communications between us will be conducted in the English language.

The official British Government website for online visa applications

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