UK Visa Refusal on General Grounds- Deportation Order or Conviction |
General Grounds for UK Visa Refusal: Deportation Order or Conviction
This relates to the consideration when an applicant who is applying for entry clearance is the subject of a deportation order or has a criminal conviction.This relates to general grounds for refusal under paragraph 320(2)(a)-(d) of the rules. For visitors, refuse under V 3.2(b) (deportation order) and V 3.4 (criminal convictions) of Appendix V.
The 13 December 2012 rules changes on criminality thresholds changed the refusal paragraphs set out on this page.
Deportation - UK Visa Refusal General Grounds
When an applicant is identified as the subject of a deportation order, the entry clearance application must be refused under paragraph 320(2)(a). Before the application is refused it needs to be checked paragraph 389. This is because a person who has been deported as a family member may be able to seek to return to the UK, without applying for revocation, if:- a child reaches 18
- In the case of a spouse or civil partner, the marriage or civil partnership comes to an end
Criminal Offences - UK Visa Refusal General Grounds
Entry clearance must be refused to an applicant who has been convicted of a criminal offence for which they have been sentenced to a period of imprisonment of:- at least 4 years, under paragraph 320(2)(b)
- at least 12 months, but less than 4 years, unless a period of 10 years has passed since the end of the sentence, under paragraph 320(2)(c)
- less than 12 months, unless a period of 5 years has passed since the end of the sentence, under paragraph 320(2)(d)
Where any of the refusal reasons in paragraph 320(2)(a)-(d) applies, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors, unless refusal would be contrary to the:
- Human Rights Convention
- Convention and Protocol Relating to the Status of Refugees
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