What's the difference between the Pope and the Dalai Lama?
Posted: Friday 20 January 2012
Morton Fraser’s immigration expert, Jamie Kerr, looks at the differences between two religious leaders in terms of immigration law:
On reading the news http://www.bbc.co.uk/news/uk-scotland-highlands-islands-16574084 about the Dalai Lama’s forthcoming UK summer tour, I was left wondering whether he needs a visa in order to visit Britain. I recall that the South African government caused a stooshie by refusing him a visa to attend Archbishop Tutu’s 80th birthday party last October. So if he needs a visa to visit South Africa, does he also need one to visit Britain?
In order to answer that question, we need to establish who the Dalai Lama actually is. First and foremost, he is well known as being (generally speaking) the spiritual leader of world Buddhism. So rather like the Pope, he is a respected religious leader that has a large following across the globe. The Dalai Lama is also associated with Tibet and the movement for Tibetan autonomy and/or independence. But does this make any difference as to whether he needs a UK visa or not?
The concept of independence for Tibet is both legally and politically controversial. Without going into the history of the region, the current situation is that Tibet is controlled by the People’s Republic of China and they quite fiercely view it as an integral part of China. The British government position has shifted in recent years and the current policy is that the British government does not formally recognise Tibet as a separate state. Alongside the United State of America and the European Union, Britain does not formally support Tibetan independence.
Tibet is also not a United Nations member. Unlike the Holy See (the Vatican) and Palestine, it does not have Permanent Observer status at the UN. Accordingly in current political and legal concepts regarding statehood, Tibet cannot be said to be a State.
This is relevant to understanding whether the Dalai Lama requires a UK visa. If he were indeed a Sovereign or a Head of State, then he would be exempt from immigration control (as long as he is personae gratae or welcome). That means that he could travel freely to and from the UK without the need for a visa regardless as to whether he is travelling in a private or official capacity. Pope Benedict in his State visit to Britain last year would have been able to travel freely with his delegation as he is exempt from immigration control. He would not have needed a visa as he is widely viewed as a Head of State (of the Holy See which operates from Vatican City State) as well as a spiritual leader. Those readers who are on the ball will have recognised that the current Pope is a German national and would therefore be entitled to travel to Britain under European free movement laws without a visa anyway.
So what is the difference between the Pope and the Dalai Lama? Theology aside, the distinction is that the former is a Head of State and therefore exempt from immigration control and the latter is not.
So the question that is left puzzling me is what type of visa would the Dalai Lama require? Under the old immigration rules, he would have to apply to come as a visiting religious worker or possibly a religious worker in a pastoral role (depending on what he intended to do in the UK). Under the current rules, he would (perhaps strangely) require to apply to come as a business visitor. In order for his application to be successful, he would require to “undertake some pastoral work as a religious worker” and show that his “base is abroad and show that he is not taking up an office, post or appointment”. He could not apply to come as a general visitor as he would (presumably) intend to undertake pastoral and preaching work which would exclude him from eligibility for a general visit visa. This is because the UK Border Agency has specified that this type of activity properly falls into the category of business visitor visas and a general visit visa would therefore be refused.
Given that tickets to hear the Dalai Lama speak are in high demand, with tickets for the Inverness venue already sold out, thought has to be given as to where the money goes. As the Dalai Lama would presumably be here on a business visitor visa, there are restrictions on him “working”. Tickets to see him speak range from £10 - £25 in price, so in order to avoid falling foul of immigration restrictions, it would be advisable to ensure that any money raised during the visit goes to the UK based religious organisations who are organising the various events and not to the Dalai Lama himself.
So to conclude, we have two religious leaders, both of whom would be treated very differently under UK immigration law. The moral of the story is that immigration is very interesting, but it can also be complicated and expert advice should always be sought.
For further information or advice, please contact Immigration expert Jamie Kerr on 0141 274 1103 or jamie.kerr@morton-fraser.com
