UK Visa Refusal on General Grounds: Paragraph 320(7B) does not apply

UK Visa Refusal General Grounds - Paragraph 320(7B) does not apply

General Grounds for Refusal: Paragraph 320(7B) does not apply

This post explains when an application must not be refused under paragraph 320(7B). For visitors, application must not be refused under paragraph V 3.7-11 of Appendix V.

Paragraph A320 states an applicant cannot be refused under paragraph 320(7B) if they apply for entry clearance, leave to enter and/or remain as a family member under Appendix FM.

Paragraph B320 states an applicant cannot be refused under paragraph 320(7B) if they apply for entry clearance, leave to enter and/or remain under appendix armed forces.

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, the application must not be refused entry clearance under paragraph 320(7B) if:

• they used false documents or made false representations in a previous visa or leave to enter or remain application, but the applicant was not aware that the documents or representations were false – this only applies if the applicant can prove they were unaware of the deception
• the period specified for automatically refusing applications has come to an end
• after a person has breached UK immigration laws, the Home Office have given a visa or leave to enter or remain in the knowledge of that breach – for example, a student who has overstayed but was granted leave to enter following an out of time application

Concessions outside the Immigration Rules

An application must not be refused 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 voluntarily before 1 October 2008

Victims of trafficking

If an applicant states that the Home Office has accepted them as a victim of trafficking, the information must be checked.

17 March 2008 concession

This concession only applies to voluntary departures, whether or not at public expense. 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 an immigration 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.

Students refused leave to remain after 1 September 2007

An application must not be refused under paragraph 320(7B) for overstaying in the UK if they were refused leave to remain as a student solely on the basis that they had made an out of time application.

Paragraph 320(11)

If an applicant has previously breached the immigration laws but is applying in a category which is exempt from paragraph 320(7B), it must be considered whether it is appropriate to refuse the application under paragraph 320(11).

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