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| UK Visa Refusal - Detail of Refusal on Mandatory General Grounds |
This post
collates the mandatory general grounds for refusal under Paragraph 320
of the Immigration Rules and Part V3 of Appendix V for
visitors (as on April 19, 2016).
|
Refusal
Paragraph |
Refusal
paragraph under part V3 for visitors |
When entry
clearance is refused under Mandatory Refusals on General Ground |
|
320(1) |
V 4.2(c) |
The applicant is seeking entry for a purpose not covered
by the rules |
|
320(2)(a) |
V
3.2(b) |
The
applicant is the subject of a deportation order |
|
320(2)(b) |
V 3.4(a) |
The applicant has been
convicted of an offence for which they have been sentenced to a period of
imprisonment of at least 4 years |
|
320(2)(c) |
V 3.4(b) |
The applicant has been convicted of an
offence for which they have been sentenced to a period of at least 12 months
but less than four years unless a period of 10 years has passed since the end
of the sentence |
|
320(2)(d) |
V 3.4(c) |
The applicant has been
convicted of an offence for which they have been to a period of imprisonment
of less than 12 months, unless a period of five years has passed since the
end of the sentence |
|
320 (2A) |
n/a Tier 1 Investor or Tier 1
Entrepreneur only |
Failure, if required to do so, by a
person seeking entry to the UK from to provide a criminal record certificate
from the relevant authority in any country in which they have been resident
for 12 months or more in the past 10 years |
|
320(3) |
V 3.12(a) |
The applicant has not
produced a valid passport |
|
320(6) |
V 3.2(a) |
The Secretary of State has personally
directed that the applicant’s exclusion from the UK is conducive to the
public good |
|
320(7A) |
V 3.6 |
The applicant has: •
made false representations or submitted false documents: Ø
whether or not material to the application Ø
whether or not to the applicant’s knowledge, and Ø
despite the applicant’s age or category of visa sought) •
the applicant has not disclosed material facts The ECO may consider
whether paragraph 320(11) applies (or paragraph V 3.7 of Appendix V for
visitors). |
|
320(7B) |
V 3.7-11 |
The applicant has previously breached
UK immigration laws (and was 18 or over at the time or the most recent
breach) by: •
overstaying •
breaching a condition attached to their leave •
being an illegal entrant •
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 the UK voluntarily, not at the
expense of the Secretary of State (whether directly or indirectly) •
used deception in an application for entry clearance more than 10
years ago •
left the UK voluntarily, not at the expense (directly or indirectly)
of the Secretary of State, more than 12 months ago •
left the UK voluntarily, at the expense (directly or indirectly) of
the Secretary of State, more than two years ago, and the date the person left
the UK was no more than 6 months after the date on which the person was given
notice of the removal decision, or no more than 6 months after the date on
which the person no longer had a pending appeal, whichever is the later •
left the UK voluntary at the expense of the Secretary of State
(directly or indirectly), more than 5 years ago •
was removed or deported from the UK more than 10 years ago •
left or was removed from the UK as a condition of a caution issued in
accordance with s.134 Legal Aid, Sentencing and Punishment of Offenders Act
2012 more than 5 years ago For the purpose of paragraph 320(7B) of
the rules ‘removal decision’ means: •
a decision to remove in accordance with section 10 of the Immigration
and Asylum Act 1999 •
a decision to remove an illegal entrant by way of directions under
paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 •
a decision to remove in accordance with section 47 of the Immigration,
Asylum and Nationality Act 2006 Pending appeal has the same meaning as
in section 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 5 years ago •
was removed from the UK more than 10 years ago •
was unaware that the documents submitted or representations made were
false •
was previously issued a visa in the knowledge of the immigration
breach •
was in the UK illegally on or after 17 March 2008 and left the UK
before 1 October 2008 •
was refused leave to remain as a student solely 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 ban
applies because of paragraph 320 (7B) the period of overstaying must be
calculated in line with the interpretation of overstaying under paragraph 6
of the Immigration Rules. ‘Overstayed’ or ‘overstaying’ means the
applicant has 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 Act 1971 •
date an applicant receives a ‘notice of invalidity’ which tells them
their application, provided the application was submitted before the time
limit attached to the last period of leave, has expired |
|
320(7D) |
V 3.12(b)(i) |
Failure to comply with
a request made on behalf of the entry clearance officer to attend for
interview without providing a reasonable explanation. |
|
V 3.12(b)(ii-iv) |
Failure to do the following without
reasonable excuse are mandatory grounds for refusal for visitors: •
(ii) provide information •
(iii) provide biometrics •
(iv) undergo a medical examination or provide a medical report |
UK Visa Refusal General Grounds, UK Visa Ban 320, UK Visa Refusal Paragraph 320, UK Visit Visa Refusal Appendix V
 |
For Case Specific Advice with prior Appointment in Karachi and London
Suite # 321, 3rd Floor Clifton Center Karachi, 021-35300271-3
1 Red Lion Court, LONDON, UK, EC4A 3EB, +44-203-627-4441
Please Note: General Information Seeking Inquiries are not entertained
|
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