General Grounds for Refusal - Entry Clearence - Immigration

7/27/2019 General Grounds for Refusal - Entry Clearence - Immigration

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of 58 Guidance – General grounds for refusal Section 2 – version 14.0 Valid from 23 September 2013

General grounds for refusalSection 2 of 5 – Considering entry clearance

This guidance is based on the Immigration Rules.



This guidance is based on the Immigration Rules


General grounds for refusal

Considering entry clearance – mandatory and discretionary refusalsEntry clearance:

mandatory refusals

Entry clearance:

discretionary refusals

This section contains guidance for entry clearance officers on what to consider whenyou refuse entry clearance on general grounds. It explains each part of paragraph

320 and identifies which are mandatory refusals and which are discretionary.

The 13 December 2012 rules changes on criminality thresholds have changed therefusal paragraphs set out on this guidance. For further information on the newrefusal paragraphs, see related link: Refusal paragraphs following December 2012rules change

This guidance is based on the Immigration Rules. See related link to the rules.

Mandatory or discretionaryThe Immigration Rules have two types of refusal on general grounds, it will depend

on the grounds you are using to refuse as to how you consider the application. If it isa mandatory ground for refusal you must refuse the application. If it is a discretionaryground for refusal then you can consider whether the circumstances allow you to useyour discretion.

Paragraph 320 of the rules sets out these general grounds for refusal:

Mandatory refusals are in paragraphs 320(1) to 320(7B)

Discretionary refusals are in paragraphs 320(8) to 320(20).

Considering entry clearance for all categories of applications made to enter the UKYou must consider:

whether there are any general grounds for refusal, and

whether you can refuse the application under the category the person appliedfor.

Related links

Links to staff intranetremoved





What you need to check for You must check for evidence of:

adverse behaviour (using deception, false representation, fraud, forgery, non-disclosure of material facts or failure to cooperate)

non conduciveness, adverse character, conduct or associations (criminalhistory, deportation order, travel ban, exclusion, non-conducive to public good,a threat to national security)

adverse immigration history (overstaying, breaching conditions, illegal entrant,using deception in an application), and/or

adverse health (medical reasons).

For further guidance, see links on left.

Where to check for evidenceYou must always do all the following standard checks:

Home Office security checks

other security checks

Police National Computer (PNC)

internal Home Office systems

information on the application form.

Other information may help you consider an application. You must also complete, if appropriate:

interviews check local sources of information, and/or

medical examinations.

For more information, see related links:

Grounds for refusal





Checks.

You must carefully consider your statutory duty to children, under section 55 of theBorders, Citizenship and Immigration Act 2009, before you apply the instructions inthis guidance either to children or people with children.

For more information on section 55 see related link: Safeguard and promote childwelfare.

If you only refuse under paragraph 320 and an appeal is allowed, you cannot thenre-consider the application for the specific category and entry clearance will have tobe given.

You must consider if there are any human rights reasons, such as:

the right to family life under article 8, or

any exceptional, compelling circumstances which would justify you giving entryclearance.

You must refer such a case to the referred casework unit (RCU) by using the HomeOffice (HO) referrals process. RCU will decide whether to give entry clearanceoutside of the rules.

Entry clearance officers must refer to their internal referral guidance for moreinformation on how to refer a case.






Entry clearance - mandatory refusalsEntry for purpose not

covered by the rules

Deportation order

Failure to produce valid

passport or travel

documentation

Exclusion by Secretary

of State

Deception

Document examination(DER) and verification

reports (DCR)

EEA family permits

Previous breach of UKImmigration Rules

Paragraph 320(7B)

does not apply

This page lists the mandatory general grounds for refusal under paragraph 320 of the Immigration Rules. It also sets out when you must refer an application before yourefuse entry clearance.

The 13 December 2012 rules changes on criminality thresholds have changed therefusal paragraphs set out in this section. For further information on the new refusalparagraphs, see related link: Refusal paragraphs following December 2012 ruleschange.

Entry clearance officers must refer to their internal referral guidance.

Refusalparagraph

When entry clearance must be refused Refer beforeyou refuse?

320(1) The applicant is seeking entry for a purpose notcovered by the rules

No

320(2) The applicant is the subject of a deportationorder

No

320(3) The applicant has not produced a valid passport No

320(6) The Secretary of State has personally directedthat the applicant’s exclusion from the UK isconducive to the public good

No

320(7A) The applicant has:

made false representations or submitted

false documents:o whether or not material to the applicationo whether or not to the applicant’s

knowledge, ando despite the applicant’s age or category

of visa sought),or

Yes – refer tothe entryclearance

manager

Related links






the applicant has not disclosed materialfacts.

You should also consider whether paragraph320(11) applies.

320(7B) The applicant has previously breached UK

immigration laws (and was 18 or over at the timeor the most recent breach) by:

overstaying

breaching a condition attached to their leave

being an illegal entrant, or

using deception in an application for a visa,leave to enter or leave to remain,

unless the applicant:

overstayed for 90 days or less and left theUK voluntarily, not at the expense of theSecretary of State (whether directly or indirectly)

used deception in an application for entryclearance more than 10 years ago

left the UK voluntarily, at the expense(directly or indirectly) of the Secretary of State, more than two years ago, and thedate the person left the UK was no morethan six months after the date on which theperson was given notice of the removaldecision, or no more than six months after the date on which the person no longer hada pending appeal, whichever is the later

Yes – refer to

the entryclearancemanager





left or was removed from the UK as acondition of a caution issued in accordancewith s.134 Legal Aid, Sentencing andPunishment of Offenders Act 2012 morethan five years ago.

For the purpose of paragraph 320(7B) of therules ‘removal decision’ means:

a decision to remove in accordance withsection 10 of the Immigration and Asylum

Act 1999

a decision to remove an illegal entrant byway of directions under paragraphs 8 to 10of Schedule 2 to the Immigration Act 1971,or

a decision to remove in accordance withsection 47 of the Immigration, Asylum andNationality Act 2006.

Pending appeal has the same meaning as insection 104 of the Nationality, Immigration and

Asylum Act.

Left the UK voluntarily at the expense of the Secretary of State (directly or

indirectly), more than five years ago. Was removed from the UK more than 10

years ago.

Was unaware that the documentssubmitted or representations made werefalse.

Was previously issued a visa in the





knowledge of the immigration breach.

Was in the UK illegally on or after 17 March2008 and left the UK before 1 October 2008.

Was refused leave to remain as a studentsolely on the basis that they made an out of

time application. Has been accepted by the Home Office as

a victim of trafficking.

When determining whether a re-entry banapplies because of paragraph 320 (7B) theperiod of overstaying must be calculated in linewith the interpretation of overstaying under paragraph 6 of the Immigration Rules, seerelated link.

Overstayed or overstaying means the applicanthas stayed in the UK beyond the latest of the:

time limit attached to the last period of leave granted

period their leave was extended under sections 3C or 3D of the Immigration Act1971

date an applicant receives a ‘notice of invalidity’ which tells them their application,

provided the application was submittedbefore the time limit attached to the lastperiod of leave, has expired.






Entry for a purpose not covered by the rulesEntry for purpose notcovered by the rules

Deportation order

Failure to produce validpassport or traveldocumentation

Exclusion by Secretaryof State

Deception

Document examination(DER) and verificationreports (DCR)

EEA family permits


Paragraph 320(7B)

does not apply

This page contains guidance for entry clearance officers on what to consider whenan applicant is applying for entry clearance in a category which is not covered bythe Immigration Rules. This relates to general grounds for refusal under paragraph320(1) of the rules.

For more information on refusing entry clearance and refusal wording, see relatedlinks:

Refusing entry clearance – general guidance

Refusal wording.


Related links







Deportation order Entry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page contains guidance for entry clearance officers on what to consider whenan applicant who is applying for entry clearance is the subject of a deportationorder. This relates to general grounds for refusal under paragraph 320(2) of therules.

The 13 December 2012 rules changes on criminality thresholds have changed therefusal paragraphs set out on this page. For further information on the new refusalparagraphs, see related link: Refusal paragraphs following December 2012 ruleschange.

When you identify an applicant as the subject of a deportation order, you mustrefuse them entry clearance under paragraph 320(2). Before you refuse, you mustcheck paragraph 389. This is because a person who has been deported as a

family member may return to the UK, without applying for revocation, if:

a child reaches 18, or

In the case of a spouse or civil partner, the marriage or civil partnershipcomes to an end.

For more information on revoking deportation orders see related link: Internationalgroup deportee guidance.



Refusal wording.

Related links







Failure to produce a valid passport or travel documentEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page contains guidance for entry clearance officers on what to consider whenan applicant who is applying for entry clearance does not produce a valid passportor travel document. This relates to general grounds for refusal under paragraph320(3) of the rules.

When an applicant does not give a valid national passport or other document whichsatisfactorily proves their identity and nationality, you must refuse their applicationunder paragraph 320(3).

For more information on acceptable travel documents, see related l ink: TravelDocuments.

For more information on refusing entry clearance and refusal wording, see related

links:


Refusal wording.

Related Links







Exclusion by Secretary of StateEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page contains guidance for entry clearance officers on what to do whenchecks show that a non European Economic Area (EEA) applicant applying for entry clearance has been, or may be, excluded from the UK at the personaldirection of the Secretary of State.

This relates to general grounds for refusal under paragraph 320(6) of the rules.Entry clearance officers must refuse any application under 320(6) of theImmigration Rules.

Restricted – do not disclose – start of section

The information in this page has been removed as it is restricted for internalHome Office use only.

Related links







Restricted – do not disclose – end of section



Refusal wording.






DeceptionEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This section contains guidance for entry clearance officers on what to consider when an applicant applying for entry clearance has used deception in their application. This relates to general grounds for refusal under paragraph 320(7A) of

the rules.

You must refuse an application when an applicant has used deception in their current application, for example has:

made false representations

given false information

submitted false documents, or

not disclosed material facts.

You must refuse entry clearance even if the applicant does not know that their representations or documents are false. Paragraph 320(7A) of the rules applies.

You should also consider whether it is appropriate to refuse the applicant under paragraph 320(11) when the applicant has ‘previously contrived in a significant wayto frustrate the intentions of the Immigration Rules.’

For more information see related link: Contriving to frustrate the intentions of therules.

Standard of evidence

To refuse under paragraph 320(7A) you must have positive evidence to prove thatthe applicant has lied or submitted a false document. The legal standard of proof is‘to a higher standard of probabilities’, so it must be more than likely that theapplicant has made false representations or given forged documents. It is notappropriate to refuse under paragraph 320(7A) simply because you are notsatisfied that the applicant is telling the truth or because of mistakes in their application. For example, when an applicant has given an incorrect address or mis-

In this section

Deception - false

representations andinformation

Deception - falsedocuments

Deception - materialfacts not disclosed

Related links

Contriving to frustratethe intentions of therules






spelt a name on their application form.



Refusal wording.






Deception - false representations and informationEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains what to consider when an applicant applying for entry clearancehas made false representations or given false information. This relates to generalgrounds for refusal under paragraph 320(7A) of the rules.

False representation is when an applicant or third party lies or makes a falsestatement in an application. This could be in writing or orally when you interviewthe applicant. You must refuse such an application under paragraph 320(7A), evenif:

the false representation is not relevant to the application or your decision, and

the applicant did not know, or claims not to know, that false representationshave been used.

However, you must not refuse an applicant just because you think that falserepresentations have been made or because of mistakes in the applications. For example, the applicant has given an incorrect address or mis-spelt a name on their application form.

You need to be satisfied that deception has been used and/or the applicantintended to deceive. This will mainly relate to how the applicant has completed thequestions about previous visa refusals or the grant or refusal of leave to remain(LTR) on the application form (VAF).



In this section

Deception - false

documents


Related links








False informationWhen an applicant has submitted false information to get a Tier 2 or 5 certificate of sponsorship under the points-based system you must refuse their application under paragraph 320(7A).



Refusal wording.






Deception - false documentsEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains what to consider when an applicant applying for entry clearancehas submitted a false document with their application. This relates to generalgrounds for refusal under paragraph 320(7A) of the rules.

You must refuse an application under paragraph 320(7A) if you have evidence thata false document has been submitted. You must refuse such an application even if:

the false document is not relevant to the application or your decision, and

the applicant does not know that the document is false.

For more information on fraud and forgery, see related link: Fraud and forgery.

To be satisfied that a document is false, you must do one of the following:

Examine the document and fill in a document examination report (DER). Youmust set out your findings to justify your decision that the document is false.You must include photographic evidence where needed.

Have evidence, as a result of your checks, that the document is false and fillin a document verification report (DVR).

Show that the document is identical to another document on which you havecurrent and reliable evidence that it is false. For example, the body whichissued the document has either given information on security features or already told you that an identical document is false. You must fill in a DVR.

Have an admission from the applicant that they used a false document. This

must be either in writing or recorded on the question and answer notes.

You can download the document examination and document verification templatesfrom the right of the page.

For more information on refusing entry clearance and refusal wording, see related

In this section

Deception - false



Related links






links:


Refusal wording.






Deception - material facts not disclosedEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains what to consider when an applicant applying for entry clearancehas not disclosed material facts. This relates to general grounds for refusal under paragraph 320(7A) of the rules.

You must refuse an application under paragraph 320(7A) when an applicant doesnot disclose a fact that is material (relevant) to your decision to grant entryclearance. To do so, you must be able to prove that the information the applicantwithheld is relevant to your decision. You cannot refuse an applicant on thesegrounds if you have not told them the kind of information which is relevant to their application. The applicant does not have to give information unless you tell themwhat kind of information is material to their application.



Refusal wording.

In this section

Deception - false


Deception - falsedocuments

Related links







Document examination (DER) and document verification reports (DVR)Entry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains when you must fill in a document examination or documentverification report. This relates to general grounds for refusal under paragraphs320(7A) and 320(7B) of the rules.

When you refuse an application under paragraph 320(7A) or 320(7B), you must fillin either a document examination report (DER) or a document verification report(DVR). This is because you must make sure that there is a clear audit trail whichshows how you have reached your decision. This will help the Home Office meetany legal challenge if the applicant appeals. You can download the DER and DVRtemplates from the right of the page.

In some cases when you refuse an application on these grounds, you will knowabout the deception from another source, for example, from a report or through aninterview. In such cases, you still must fill in a DER or DVR, even if that means yousimply refer to a question and answer interview or another report. You do not needa source to confirm that a document is false if you have fully completed a DVR.

If an applicant, third party or appeal case asks for a copy of the DER or DVR, youmust depersonalise the report before you send it. You must:

Replace bank account details with ‘xxxxx’ and the names of people spoken towith ‘an official’. You must delete telephone numbers.

Make sure that the depersonalised version is used for appeal cases unless:o it cannot be depersonalised in a meaningful but convincing way, or

o if the DER contains sensitive information such as details of hidden securityfeatures. In such cases, you must send the report under closed cover usingsection 108 of the Nationality, Immigration and Asylum Act 2002, seerelated link.

Related links

Links to staff intranet

removed






European Economic Area family permitsEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains how to treat applicants who apply for entry clearance on aEuropean Economic Area (EEA) family permit under the Immigration EEARegulations 2006. This relates to general grounds for refusal under paragraphs

320(7A) and 320(7B) of the rules.

You cannot refuse an applicant who is a non-EEA family member under paragraph320(7A) or 320(7B) if they are applying for entry clearance under the ImmigrationEEA Regulations 2006. This is because such applications are not covered by theImmigration Rules.

However, if the applicant is applying under the Immigration Rules, for example as avisitor, you can refuse them on general grounds

For more information on EEA family permits see related link: International groupEEA family permits guidance.

Related links


removed






Previous breach of UK Immigration RulesEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This section explains what to consider when an applicant applying for entryclearance has previously breached UK immigration laws. This relates to generalgrounds for refusal under paragraph 320(7B) of the rules.


When an applicant has breached UK immigration laws in one or more of thefollowing ways and is applying for entry clearance within the periods set out below,you must refuse their application under paragraph 320(7B):

overstayed for more than 90 days

breached a condition attached to their leave

been an illegal entrant

used deception in an application for entry clearance or leave to enter or remain, or in order to obtain documents from the Secretary of State or a thirdparty required in support of the application (whether the application wassuccessful or not).

When one or more of the above conditions are met, you must refuse entryclearance if they apply within the following periods:

One year if they left the UK voluntarily (not at public expense). Where theywere refused at port, followed all conditions imposed by the port (such astemporary admission conditions) and were then removed at the carrier’sexpense.

Two years if they left the UK voluntarily, at public expense, no more than sixmonths after the date on which they were given notice of their removal

Related links


removed





decision, or no more than six months after the date on which they exhaustedtheir appeal rights against that decision, whichever is the later.

Five years if they left the UK voluntarily, at public expense, more than sixmonths after their removal decision or more than six month after theyexhausted their appeal rights against that decision.

Ten years if they were removed from the UK at public expense.

Ten years if they used deception (which includes using false documentation)in support of a previous application for entry clearance.

Left or was removed from the UK as a condition of a caution issued in linewith s.134 Legal Aid, Sentencing and Punishment of Offenders Act 2012more than five years ago

When the applicant has breached more than one of the UK’s immigration laws, youmust only take into account the breach which leads to the longest period of absence from the UK.

Before you refuse an applicant under paragraph 320(7B), you must check if they

are applying in a category which is free from this rule under paragraph A320 or 320(7B).

For more information see link on left: Paragraph 320(7B) does not apply

You need to be satisfied that deception has been used and/or the applicantintended to deceive about a previous breach. This will mainly relate to how theapplicant has completed the questions about previous visa refusals or the grant or refusal of leave to remain (LTR) on the visa application form (VAF).









When the applicant left the UK voluntarily at public expense, you must find outwhether a two year or five year mandatory re-entry ban applies depending onwhether or not they left more than six months after their removal decision or morethan six months after they exhausted their subsequent appeal rights.

In some circumstances, the six month time frame in which a person must depart tobenefit from a two year ban, rather than a five year ban, may be re-set to startagain. The six month clock will have been re-set where:

The removal decision was substituted for a new decision where a fault wasfound with the original decision.

The applicant was appeal rights exhausted, but then lodged an out-of-timenotice of appeal with the Tribunal seeking an extension of that time limit andthe Tribunal extended the time limit. In these circumstances, the applicant willbe subject to a two year re-entry ban where they left the UK voluntarily at





public expense no more than six months after the date on which their subsequent out-of time appeal was eventually dismissed.

The applicant made further submissions to the Secretary of State which,following consideration under paragraph 353 of the Immigration Rules, wererefused but were found to constitute a fresh claim. In these circumstances,the applicant will be subject to a two year re-entry ban where they left the UK

voluntarily at public expense no more than six months after the date of their latest removal decision or no more than six months after the date on whichthey no longer had a pending appeal against that decision, whichever is thelater.

The applicant made further submissions to the Secretary of State which wereonly determined more than 12 months after their submission. In thesecircumstances, the applicant will be subject to a two year re-entry ban wherethey left the UK voluntarily at public expense no more than six months after the date on which the further submissions were determined and found not toconstitute a fresh claim.



Refusal wording.

Entry clearance officers must refer to their internal referral guidance for moreinformation on referring cases.






Paragraph 320(7B) does not applyEntry for purpose notcovered by the rules

Deportation order



Deception


EEA family permits


Paragraph 320(7B)

does not apply

This page explains when you must not refuse an applicant under paragraph320(7B).

Paragraph A320 states that an applicant cannot be refused under paragraph320(7B) if they are applying for entry clearance, leave to enter and/or remain as afamily member under Appendix FM.

Paragraph 320(7B) also states it only applies where the applicant was aged 18 or over at the time of their most recent breach of the UK’s immigration laws.

In addition, you must not refuse entry clearance under paragraph 320(7B) if:

They used false documents or made false representations in a previous visaor leave to enter or remain application, but the applicant was not aware thatthe documents or representations were false. This only applies if the applicantcan prove they were unaware of the deception.

The period specified for automatically refusing applications has come to anend.

After a person has breached UK immigration laws, we have given a visa or leave to enter or remain in the knowledge of that breach. For example, astudent who has overstayed but was granted leave to enter following an out of time application.

Concessions outside the Immigration Rules

You must not refuse an applicant under paragraph 320(7B) if the applicant:

has been accepted by the Home Office as a victim of trafficking

was in the UK illegally on or after 17 March 2008 and left the UK voluntarilybefore 1 October 2008.

Victims of trafficking

In this section

Standard of proof

Removals and voluntaryassisted returns

Working holiday makers – working in breach

Related links

Contriving to frustratethe intentions of therules






As an entry clearance officer, you are not likely to see many cases where victims of trafficking apply for entry clearance. If an applicant states that the Home Office hasaccepted them as a victim of trafficking, you must contact evidence and enquiriessection using the Home Office Referrals process to check the information.

Entry clearance officers must refer to their internal referral guidance for more

information on referrals.

17 March 2008 concessionThis concession only applies to voluntary departures, whether or not at publicexpense. It does not apply when the person was removed or deported from the UK.If an applicant has previously been issued with a notice identifying him as animmigration offender (form IS151A) or a decision has been made to remove him(form IS141A part 2 or IS151B), the applicant may still have left the UK voluntarily.You must be satisfied that the immigration offender was actually removed beforeyou decide that the concession does not apply.

Students refused leave to remain after 1 September 2007You must not refuse an applicant under paragraph 320(7B) for overstaying in theUK if they were refused leave to remain as a student solely on the basis that theyhad made an out of time application.

Paragraph 320(11)If an applicant has previously breached the immigration laws but is applying in acategory which is exempt from paragraph 320(7B), you must consider whether it isappropriate to refuse the application under paragraph 320(11). For moreinformation see related link: Contriving to frustrate the intentions of the rules.



Refusal wording.






Standard of proof Previous breach of UKImmigration Rules

This page explains the standard of evidence you need when you refuse anapplicant entry clearance on general grounds under paragraph 320(7B) of the

rules.

When you check whether an applicant has breached a condition attached to their leave, you must first review the relevant guidance and Immigration Rules for thatentry clearance category.

To refuse under paragraph 320(7B), you must have good evidence that theapplicant has previously breached the UK immigration law. The legal standard of proof you require is ‘to a higher balance of probabilities’. This means that it must bemore likely than not that they have breached UK immigration law. An example iswhen our records show this to be the case.

DeceptionWhen an applicant has previously breached the immigration laws by usingdeception, they may claim that they were unaware that the document or information they gave was false. Unless the applicant can prove this, you mustrefuse their application.

When a false document refers directly to the applicant (for example employmentreferences, qualifications or financial details), you should not accept their claimunless they can give clear evidence that an error has been made. This could be

written confirmation from the author of the document to confirm that they hadpreviously supplied us with incorrect information. If the applicant cannot give suchproof, you can assume that the officer who took the decision used the correctburden and standard of proof, unless the decision was later overturned at appeal.

Examples of when you can assume that the officer used the correct standard

In this section

Paragraph 320(7B)does not apply



Related links






of proof for establishing deception:

We hold an electronic copy of the refusal notice only. The applicant wasrefused for failing to meet the needs of their immigration category but thenotice mentioned that they had used false documents.

We hold an electronic copy of the refusal notice only. The applicant wasrefused under 320(7A), 320(11) or other deception rules.

We hold an electronic copy of the refusal notice which makes reference todeception and the false documents or relevant papers.

In cases where our earlier decision was overturned on appeal, you must look at thedetermination to see if it overturned our finding that deception was used. If it did,then you must not apply paragraph 320(7B) to future applications. If thedetermination is not available, then you must give the applicant the benefit of thedoubt and assume that our decision on this point was overturned.


Refusing entry clearance - general guidance

Refusal wording.







Removals and assisted voluntary returnsPrevious breach of UKImmigration Rules

This page explains how long you must refuse an applicant for if they have beenremoved from the UK or left by assisted voluntary return (AVR). This relates togeneral grounds for refusal under paragraph 320(7B) of the rules.

Removals An applicant who has previously breached UK immigration laws and has beenremoved will then have future applications refused for 10 years.

If an applicant has previously been given a notice identifying them as animmigration offender (form IS.151A), the applicant may still have left the UKvoluntarily. In such cases the applicant’s future applications must be refused under paragraph 320(7B) for one, two or five years.

Applicants who have been refused or removed at port of entry are only subject to aone year ban if they have fully complied with the terms and conditions placed onthem by the refusing port.

Assisted voluntary returns at public expense An applicant who has previously breached UK immigration laws. Left the UKvoluntarily at public expense through either, an assisted voluntary return or assisted voluntary return for irregular migrants, will have future applications refusedfor two or five years.

For applicants who returned under the voluntary assisted returns and re-integration

programme, you must be satisfied that the applicant has breached UK immigrationlaws. If this is the case, they will also have future applications refused for two or five years.


In this section

Paragraph 320(7B)

does not apply

Standard of proof


Related links







Refusal wording.







Working holidaymakers – working in breachPrevious breach of UKImmigration Rules

This page explains what to consider when you suspect an applicant of havingbreached the conditions of their leave as a working holidaymaker. This relates togeneral grounds for refusal under paragraph 320(7B) of the rules.

A working holidaymaker will breach their conditions if they work in the UK for morethan 12 months. You cannot refuse an applicant under paragraph 320(7B) if theypreviously worked in the UK for 12 months or less as a working holidaymaker.



Refusal wording.


In this section

Paragraph 320(7B)

does not apply

Standard of proof


Related links







Entry clearance - discretionary refusalsRequired informationnot provided

Returning resident -paragraph 18 not met Returning resident awayfor more than two years Passport authority notrecognised by UKgovernment Contriving to frustratethe immigration rules No ability to return or beaccepted elsewhere

No written sponsor undertaking False reps or materialfacts not disclosed toget employmentdocumentation Child under 18, noparent or guardianwritten consent Criminal convictions

Refusal conducive topublic good

This page lists the discretionary general grounds for refusal under paragraph 320of the Immigration Rules. It also sets out when you must refer an application before

you refuse entry clearance.


For contact details for the entry clearance complex advice team (ECCCAT), seerelated link: Contacts for referred and deferred cases.

Refusalparagraph

When you should normally refuse entryclearance

Refer beforeyou refuse?

320(8A) The applicant is outside the UK and does notsupply documents or medical report.

No

320(9) The applicant does not meet the requirements of a returning resident.

No

320(10) The applicant does not produce a valid passportor travel document – the state is not recognisedby the UK government.

No

320(11) The applicant has been in breach of theImmigration Rules and ‘contrived in a significant

way to undermine the intentions of theImmigration Rules.’ This means when there areaggravating grounds and the applicant haspreviously:


Yes - refer tothe entry

clearancemanager

Related links






overstayed

breached a condition attached to their leave, or

used deception in a previous application for entry clearance, leave to enter or leave toremain.

320(13) The applicant has not satisfied you that they willbe admitted to another country after a stay in theUK.

No

320(14) The applicant’s sponsor refuses to state inwriting that they will maintain and accommodatethe applicant

No

320(15) Whether or not to their knowledge, the applicanthas made false representations, or has notdisclosed material facts to get an immigrationemployment document.

No

320(16) An applicant under the age of 18, has notprovided you with the written consent of their parent(s) or guardian.

No

320(18) The applicant has been convicted of an offenceeither overseas or in the UK which:

if committed in the UK:o would be punishable with imprisonment

for at least 12 months, or

if committed outside the UK:o would be punishable by imprisonment for

at least 12 months if the offence hadhappened in the UK.

Yes –For allhigh profilecases andwhen theECM decidesthat it isnecessary,refer to

(ECCCAT),visa servicesdirectorate.For moreinformationsee relatedlink: for





guidance onhow to refer or defer anapplication.

320(19) Refusing the applicant entry to the UK isconducive to the public good. For example,

because of the applicant’s character, conduct or associations, it is undesirable to give them entryclearance.

Yes – For allhigh profile

cases andwhen theECM decidesthat it isnecessaryrefer toECCCAT ,visa servicesdirectorate.For moreinformation

see relatedlink for guidance onhow to refer or defer anapplication.

320 (22) Refusing the applicant or applicant’s entryclearance to the UK where one or more relevantNational Health Service (NHS) body has notifiedthe Secretary of State that the person seekingentry or leave to enter has failed to pay a charge

or charges with a total value of at least £1,000 inaccordance with the relevant NHS regulation oncharges to overseas visitors.

No






Required information not providedRequired informationnot provided Returning resident -

paragraph 18 not met Returning resident awayfor more than two years Passport authority notrecognised by UKgovernment Contriving to frustratethe immigration rules No ability to return or beaccepted elsewhere No written sponsor

undertaking False reps or materialfacts not disclosed toget employmentdocumentation Child under 18, noparent or guardianwritten consent Criminal convictions Refusal conducive to

public good

This section contains guidance for entry clearance officers on what to do when anapplicant has applied for entry clearance but does not give you documents or medical reports that are relevant (material) to the application. This relates to

general grounds for refusal under paragraph 320(8A).

When an applicant does not give you any information, documents or medicalreports you have requested, you must refuse their application under paragraph320(8A).



Refusal wording.

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public good

This section contains guidance for entry clearance officers on what to consider when a returning resident does not meet the rules for entry clearance as areturning resident. This relates to general grounds for refusal under paragraph

320(9) of the rules.

A returning resident who seeks entry clearance as a returning resident must satisfyyou that they:

had indefinite leave to enter or remain in the UK when they last left the UK

have not been away from the UK for longer than two years

did not receive assistance from public funds towards the cost of leaving theUK. For example, they made a voluntary departure

are seeking admission for the purpose of settlement.

This is set out in paragraph 18 of the Immigration Rules.

When an applicant does not meet these requirements, you should refuse their application under paragraph 320(9). However, if the returning resident has beenaway from the UK for more than two years, you must first consider whether youcan admit them under paragraph 19.

For more information see related link: International group returning residentsguidance.



Refusal wording.

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Returning resident away for more than two yearsRequired informationnot provided Returning resident -



public good

This page explains what to consider when a returning resident applying for entryclearance has been away from the UK for more than two years. This relates togeneral grounds for refusal under paragraph 320(9).

Paragraph 19 of the Immigration Rules allows you to approve a returning residentwho has been away from the UK for more than two years if they have strong tieswith the UK.

To check whether the applicant has strong ties, you must consider:

How long they lived in the UK.

The time they have been outside the UK.

The reason they have been away for more than two years. Was it throughchoice or was it out of their control? For example, did they have to care for anelderly relative?

The reason for leaving the UK and why they now wish to return.

The family ties they have in the UK. How close are those ties and how havethey been kept up?

Do they have a home in the UK and would they live there if they were let backinto the UK?

The longer an applicant has been away from the UK, the more difficult it will be for them to prove that they still have strong ties here.

Examples of why a returning resident may have been away for more than twoyears:

Their employer needed them to work overseas. They are now transferringback to the UK to work for the same employer.

They have served abroad for:

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o the UK governmento as a dependant of a member of Her Majesty’s forces o as an employee of a quasi-governmental bodyo a British company, or o a United Nations organisation.

They have worked abroad in the public service of a friendly country but couldnot reasonably be expected to settle permanently in that country.

They have studied abroad for a long time but wish to rejoin their family havingfinished their studies.

They have had a long period of medical treatment abroad which is notavailable in the UK.



Refusal wording.






Passport of authority not recognised by UK government, or other unacceptable travel documentRequired informationnot provided


No written sponsor undertaking False reps or materialfacts not disclosed toget employmentdocumentation Child under 18, noparent or guardianwritten consent Criminal convictions Refusal conducive topublic good

This page contains guidance for entry clearance officers on what to consider whenan applicant seeks entry clearance with the passport of an authority which is not

recognised by the UK government. This relates to general grounds for refusalunder paragraph 320(10) of the rules.

The following travel documents are not recognised by the UK government:

Turkish Republic of Northern Cyprus documents

Republic of China (Nationalist China – Taiwan) passports

Somali Passports

Yemen (Royalist authorities) documents

Iraq (S-, M- and N- series passports)

South African temporary passports.

You must not put a UK entry clearance in a passport or travel document issued bythe Turkish Republic of Northern Cyprus or Yemen (Royalist authorities). However,this does not mean that you cannot give entry clearance. If the requirements of theImmigration Rules are met, you may issue an entry clearance on an EU uniformformat form (EU UFF).

For more information see related link: Travel documents guidance.

Taiwan

You can put a UK entry clearance in ordinary Taiwanese passports but not indiplomatic or official Taiwanese passports. In such cases, you must use anEuropean Union (EU) uniform format form.

If you think an applicant has given a passport which is not recognised by the UKgovernment, please contact entry clearance complex case advice team (ECCCAT)

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for guidance.



Refusal wording.






Contriving to frustrate the intentions of the rulesRequired informationnot provided Returning resident -


undertaking False reps or materialfacts not disclosed toget employmentdocumentation Child under 18, noparent or guardianwritten consent Criminal convictions Refusal conducive topublic good

This page contains guidance for entry clearance officers on what to consider whenan applicant for entry clearance has previously breached the Immigration Rulesand there are aggravating circumstances. This relates to general grounds for

refusal under paragraph 320(11) of the rules when the person has previouslycontrived in a significant way to frustrate the intentions of the rules.


When an applicant has previously breached the Immigration Rules and/or receivedservices or support to which they were not entitled you must consider refusing theapplication. When these circumstances are also aggravated by other actions with

the intention to deliberately frustrate the rules, you must refuse entry clearanceunder paragraph 320(11).

This means when an applicant has done one or more of the following:


overstayed

breached a condition attached to their leave

used deception in a previous application

obtaining:

o asylum benefitso state benefitso housing benefitso tax creditso employmento goods or serviceso National health service (NHS) care using an assumed identity or multiple

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identities or to which not entitled.

and there are aggravating circumstances such as:

absconding

not meeting temporary admission/reporting restrictions or bail conditions

failing to meet the terms of removal directions after port refusal of leave toenter or illegal entry

previous working in breach on visitor conditions within short time of arrival inUK (indicating a deliberate intention to work)

receiving benefits, goods or services when not entitled

using an assumed identity or multiple identities

getting NHS care to which they are not entitled

attempting to prevent removal from the UK, arrest or detention by HomeOffice or police

escaping from Home Office detention

switching nationality

troublesome or frivolous applications

not meeting the terms of the re-documentation process

taking part in a sham marriage or marriage of convenience

harbouring an immigration offender, and/or

people smuggling or helping in people smuggling.

This is not a complete list of offences. You must consider all cases on their meritsand take into account family life in the UK and, if the applicant is a child, the level of responsibility for any breach. Before you decide to refuse under this paragraph,you must refer your decision to an entry clearance manager (ECM) to be

authorised.







Refusal wording.






No ability to return or be accepted elsewhereRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers on what to consider whenan applicant cannot be let back in to their home country or another country after astay in the UK. This relates to general grounds for refusal under paragraph


‘Returnability’ is whether or not a person can return to their home country af ter visiting the UK. When an applicant’s ability to return is in doubt you must consider whether their travel document allows them to return to the country of issue. For example:

A national passport with text or an endorsed re-entry visa which gives thempermission to return to the country of issue.

A non-national travel document with text which gives them permission toreturn to the country of issue.

A re-entry visa or permit which will give permission to enter another countryafter the end of their stay in the UK. The re-entry visa or permission must bevalid for at least two months longer than the period for which entry to the UKwould be granted.

If the applicant does not have such a travel document, you should refuse entryclearance under paragraph 320(13). However, you cannot refuse leave to enter under this paragraph if the passenger meets the rules for:

settlement

leave to enter as a spouse which leads to settlement, or is able to return elsewhere.


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Refusal wording.






No written sponsor undertakingRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers on what to consider whenan applicant applying for entry clearance does not show that their sponsor willmaintain and accommodate them. This relates to general grounds for refusal under

paragraph 320(14) of the rules.

If a sponsor does not confirm in writing that they will maintain and accommodatethe applicant during their stay you must refuse entry clearance under paragraph320(14).

For more information on undertakings, see related link: International groupguidance on undertakings.



Refusal wording.

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False representations or material facts not disclosed to get an employment documentRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers on what to consider whenan applicant applying for entry clearance has made false representations or notdisclosed material facts to get an immigration employment document. This relates

to general grounds for refusal under paragraph 320(15) of the rules.



Refusal wording.

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Child under 18, no parent or guardian written consentRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers on what to consider whenan applicant under the age of 18 applies for entry clearance without the permissionof their parent(s) or legal guardian. This relates to general grounds for refusal

under paragraph 320(16) of the rules.

You must carefully consider your statutory duty to children, under section 55 of theBorders, Citizenship and Immigration Act 2009, before you apply the instructions inthis guidance either to children or people with children.

For more information on section 55 see related link: Safeguard and promote thewelfare of children.



Refusal wording.

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Criminal convictionsRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers (ECOs) on what toconsider when an applicant applying for entry clearance has been convicted of acriminal offence. This relates to general grounds for refusal under paragraph



You must consider refusing an applicant under paragraph 320(18) if they havebeen convicted of an offence, committed:

in the UK, and punishable with imprisonment for 12 months or more or

outside the UK but which, if it had been committed in the UK, would havebeen punishable with imprisonment for 12 months or more.

If you decide to refuse an applicant on these grounds, you must take into accountany human rights grounds and make sure that your refusal is both proportionateand reasonable.

The Rehabilitation of Offenders Act 1974For more information about how the Rehabilitation of Offenders Act 1974 applies toimmigration and nationality decisions taken on or after 1 October 2012, when theHome Office became exempt from the act, see related link.

An applicant was given less or served less than 12 monthsFor you to refuse an applicant under paragraph 320(18), the applicant only needsto have been convicted of a crime which carries a maximum sentence of at least 12months. The applicant does not have to have been sentenced to more than 12months, nor to have served a sentence of more than 12 months for you to refuse

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entry clearance. You can also refuse on these grounds if the applicant was given asummary conviction as long as the offence was indictable and carries a maximum12 month sentence.

For example, dangerous driving is punishable by up to six months imprisonment if dealt with as a summary offence. The sentence rises to a possible two yearsimprisonment on indictment. It may be appropriate for you to refuse under

paragraph 320(18) regardless of the length of sentence.



Refusal wording.






Refusal is conducive to the public goodRequired informationnot provided Returning resident -



This page contains guidance for entry clearance officers (ECO) on what to consider when it is conducive to the public good not to admit a person to the UK. Thisrelates to general grounds for refusal under paragraph 320(19) of the rules.


You must consider refusing an applicant under paragraph 320(19) when:

Admitting the person to the UK could unfavourably affect the conduct of foreign policy.

The person is subject to a United Nations (UN) or European Union (EU) travel

ban that has not yet been listed under the Immigration (Designation of TravelBans) Order 2000, see related link.

The person is a threat to national security.

There is reliable evidence the person has been involved in or associated withwar crimes or crimes against humanity. It is not necessary for them to havebeen charged or convicted.


The information in this page has been removed as it is restricted for internal

Home Office use only.


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Admitting the person may lead to a breach of UK law or public order.

Admitting the person may lead to an offence being committed by someoneelse. For example, the applicant may have extreme views which if expressedcould result in civil unrest and a breach of the law.




Referring cases to the entry clearance complex case advice team (ECCCAT)You must refer a case to the ECCCAT if it is likely that it will attract media attention.You must refer the case at as early a stage as possible.

Refer non-IDENT1 non-conducive refusals to ECCCAT. Refer IDENT1 potential non-conducive refusals to the entry clearance

manager (ECM). If the ECM needs more guidance, refer to ECCCAT.

In such cases, you must title your email to ECCCAT ‘possible conducive to thepublic good refusal under paragraph 320(19).

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For contact details for the entry clearance complex case advice team (ECCCAT),see related link: Contacts for referred and deferred cases.

Standard of proof If you decide to refuse an applicant under paragraph 320(19), you must be able toshow that your decision was based on sufficiently reliable information. You mustconsider each case on its individual merits. If you decide to refuse an applicant,you must have strong evidence to support your decision. Allegations,unsubstantiated and vague generalisations are not sufficient. However, intelligencegiven by UK law enforcement agencies or relevant and reliable open-sourceinformation may give sufficient grounds for your refusal.

Applicants who have not been convictedYou can refuse an applicant under paragraph 320(19) even though they have notbeen convicted of an offence. There may be cases when the police have given acaution or decided to drop charges to remove the person from the UK. A caution

will suggest that the criminal behaviour was not serious enough or that the policedid not think it was in the public interest to prosecute. You must consider thecircumstances of the case and the severity of the offence before you decidewhether to refuse under paragraph 320(19).

When you decide to refuse an applicant under paragraph 320(19), you must notrefer to the details of the caution, reprimand, final warning or arrest in the refusalnotice. You must also make sure that your refusal notice covers the considerationyou have given to the proportionality and impact of human rights considerations.

An applicant may request further information about why you have refused their

application. You may tell them any information which is on the court certificate for entry clearance purposes. This information can be given either in writing or verbally.


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Refusal wording.

This g idance is based on the Immigration R les






NHS DebtorsRequired informationnot provided


No written sponsor undertaking False reps or materialfacts not disclosed toget employmentdocumentation Child under 18, noparent or guardianwritten consent Criminal convictions Refusal conducive to

public good

This page contains guidance for entry clearance officers (ECOs) on what toconsider when an applicant applying for entry clearance has outstanding National

Health Service (NHS) charges of £1,000 or more.

ECOs must consider the following before refusing under paragraph 320(22):

You must be satisfied that there are no compelling, compassionatecircumstances or human rights to take into consideration before refusing.

The unpaid debt relates to one or more NHS bodies and the total value of thedebt is at least £1,000 or more in line with the relevant NHS regulations.

The charges relate to debts incurred on or after 1 November 2011.

When refusing the application:

Where the application is also linked to a dependant application, anydependant will also be refused. If the dependant is liable for refusal there isno requirement that the main applicant is also refused. Where the chargerelates to treatment given to a child, their parents will be responsible for thedebt.

No mention must be made of the nature of the treatment.




You must make sure you complete the form correctly. See related link: Email:

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of 58 Guidance General grounds for refusal Section 2 version 14 0 Valid from 23 September 2013

International Group NHS Support team. The support team will contact the hospitaland/or trust concerned. Paragraph 320(22) must only be used to refuse caseswhere debt information has been supplied or confirmed by the NHS body.

Recently discharged debtIf the applicant has only recently discharged their debt to the NHS, before grantingentry clearance, you will need to be satisfied that all relevant requirements of the

Immigration Rules are met. This will include the ability of the applicant to maintainthemselves while in the UK and they have no intention to seek further NHStreatment.

Discharged debtOnce the debt has been cleared, there will no longer be a reason to refuse entry onthese grounds. However, the applicant will still have to satisfy the ECO or HomeOffice officer that they can meet the rest of the requirements of the ImmigrationRules for the category in which they are seeking entry.

Debts of less than £1,000If the debt is for less than £1,000, the application must not be refused under paragraph 320(22). However, before granting the application, you will still need tobe satisfied that all relevant requirements of the Immigration Rules are met. Thiswill include the ability of the applicant to maintain themselves while in the UK andthey have no intention to seek further NHS treatment.

General Grounds for Refusal - Entry Clearence - Immigration

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Transcript of General Grounds for Refusal - Entry Clearence - Immigration