Expert Advice UK Visa & Immigration

Expert Advice UK Visa & Immigration
Expert Advice UK Visa, Immigration, Refusal, Judicial Review, Appeal.

Monday, 18 July 2016

Types of UK Visa Refusal on General Ground

UK Visa Refusal - General Ground - Mandatory or Discretionary Refusals

UK Visa Refusal on General Ground - Mandatory or Discretionary Refusals

The Immigration Rules have 2 types of refusal on general grounds. It will depend on the grounds ECO is using to refuse as to how ECO considers the application. If it is a mandatory ground for refusal the application must be refused. If it is a discretionary ground for refusal then ECO can consider whether the circumstances allow to use 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) 

For visitors part V3 of Appendix V sets out the general grounds for refusal.

Considering Entry Clearance for All Categories of Applications made to Enter the UK

For Entry Clearance following needs to be considered: 

  • whether there are any general grounds for refusal 
  • whether the application can be refused under the category the person applied for  

What Needs to be Checked (for UK Visa & Immigration) 

The Evidence Needs to be Checked for: 
  • adverse behaviour (using deception, false representation, fraud, forgery, nondisclosure of material facts or failure to cooperate) 
  • non conduciveness, adverse character, conduct or associations (criminal history, 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) 
  • adverse health (medical reasons)

Where the Evidence (for UK Visa & Immigration) is Checked 

Following standard checks are executed: 

  • Home Office security checks 
  • other security checks 
  • Police National Computer (PNC) 
  • internal Home Office systems 
  • information on the application form

Other information that may help in considering an application - if appropriate:

  • interviews 
  • check local sources of information 
  • medical examinations

Statutory duty to children, under section 55 of the Borders, Citizenship and Immigration Act 2009, must be carefully considered  before applying the instructions under UK immigration rules/guidance either to children or people with children.

If the application for UK Visa and Immigration is only refused under paragraph 320 and an appeal is allowed, then the application cannot be reconsidered for the specific category and entry clearance will have to be given.

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

  • the right to family life under article 8 
  • any exceptional, compelling circumstances which could justify giving entry clearance
Such a case is referred to casework unit (RCU) by using the Home Office (HO) referrals process. RCU will decide whether to give entry clearance outside of the rules

For information relating to UK Visitor Visas, Family Visit Visa, Tier-1 Immigration visit: UK Visa & Immigration Consultants - Expert Advice UK.

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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