UK Visa Refusal on General Grounds: Failure to Attend an Interview

General Grounds for Refusal: Failure to Attend an Interview

This post explains when an application is refused if the applicant fails to attend an interview on request.

This relates to general grounds for refusal under paragraph 320(7D) of the rules. For visitors, refusal under paragraph V 3.12(b)(i) of Appendix V.

An ECO may ask an applicant to attend an interview. If the applicant fails to attend without good reason the application is refused under paragraph 320(7D) of the Immigration Rules.

The burden of proof is on the applicant to show they have a good reason for failing to attend the interview. It will only be in rare cases that the applicant has a good reason not to attend. An example of a good reason may be where the applicant can provide satisfactory medical evidence to show they were too ill to attend, and is willing to attend an interview on another date as soon as they have recovered.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants

UK Visa Refusal on General Grounds: Working Holidaymakers- Working in Breach

General Grounds for Refusal: Working Holidaymakers- Working in Breach

This post explains what to consider when an applicant is suspected of having breached the conditions of their leave as a working holidaymaker.

This relates to general grounds for refusal under paragraph 320(7B) of the rules.

A working holidaymaker will breach their conditions if they work in the UK for more than 12 months. The application cannot be refused under paragraph 320(7B) if they previously worked in the UK for 12 months or less as a working holidaymaker.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants Karachi & London

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UK Visa Refusal on General Grounds: Removals and Assisted Voluntary Returns (AVR)

UK Visa Refusal General Grounds - Removals and Assisted Voluntary Returns (AVR)

General Grounds for Refusal Removals and Assisted Voluntary Returns (AVR)

This post explains how long an applicant must be refused for if the applicant has been removed from the UK or left by assisted voluntary return (AVR).

This relates to general grounds for refusal under paragraph 320(7B) of the rules. For visitors, refusal under paragraphs V 3.10 of Appendix V.

Removals

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

If an applicant has previously been given a notice identifying them as an immigration offender (form IS.151A), the applicant may still have left the UK voluntarily. In such cases the applicant’s future applications must be refused under paragraph 320(7B) for 1, 2 or 5 years.

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

Assisted voluntary returns at public expense

An applicant who has previously breached UK immigration laws and who left the UK voluntarily at public expense through either an assisted voluntary return or assisted voluntary return for irregular migrants, will have future applications refused for 2 or 5 years.

For applicants who returned under the voluntary assisted returns and re-integration programme, it must be satisfied that the applicant has breached UK immigration laws. If this is the case, they will also have future applications refused for 2 or 5 years.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants Karachi & London

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UK Visa Refusal on General Grounds: Standard of Proof

UK Visa Refusal on General Grounds - Standard of Proof

General Grounds for Refusal: Standard of Proof

This post explains the standard of evidence needed when an application for entry clearance is refused on general grounds under paragraph 320(7B) of the rules. For visitors refusal under paragraphs V 3.9 of Appendix V.

When it is checked whether an applicant has breached a condition attached to their leave, the relevant guidance and Immigration Rules must be reviewed for that entry clearance category.

To refuse under paragraph 320(7B), the ECO must have good evidence that the applicant has previously breached the UK immigration law. The legal standard of proof required is ‘balance of probabilities’. This means that it is more likely than not that they have breached UK immigration law.

Deception

When an applicant has previously breached immigration law by using deception, they may claim that they were unaware that the document or information they gave was false. Unless the applicant can prove this, the application must be refused.

When a false document refers directly to the applicant (for example employment references, qualifications or financial details), the claimed should not be accepted unless the applicant 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 had previously supplied us with incorrect information. If the applicant cannot give such proof, it could be assumed that the officer who took the decision used the correct burden and standard of proof, unless the decision was later overturned at appeal.

Examples of when it could be assumed that the officer used the correct standard of proof for establishing deception:

• the Home Office holds an electronic copy of the refusal notice only – the applicant was refused for failing to meet the needs of their immigration category but the notice mentioned that they had used false documents
• the Home Office holds an electronic copy of the refusal notice only – the applicant was refused under 320(7A), 320(11) or other deception rules
• the Home Office holds an electronic copy of the refusal notice which makes reference to deception and the false documents or relevant papers

In cases where the earlier decision was overturned on appeal, it must be looked at the determination to see if it overturned the finding that deception was used. If it did, then paragraph 320(7B) to future applications must not be applied. If the determination is not available, then the applicant must be given the benefit of the doubt and assume that the decision on this point was overturned.

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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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UK Visa Refusal on General Grounds: Previous Breach of UK Immigration Rules

UK Visa Refusal General Grounds - Previous Breach of UK Immigration Rules

General Grounds for Refusal Previous Breach of UK Immigration Rules

This post explains consideration when an applicant applying for entry clearance has previously breached UK immigration laws.

This relates to general grounds for refusal under paragraph 320(7B) of the rules. For visitors, refusal under paragraphs V 3.7-11 of Appendix V.

The 13 December 2012 rules changes on criminality thresholds changed the refusal paragraphs.

When an applicant has breached UK immigration laws in one or more of the following ways (and was 18 or over at the time of their most recent breach) and is applying for entry clearance within the periods set out below, the application must be refused under paragraph 320(7B):

• overstayed (unless they overstayed for 90 days or less and left the UK voluntarily and not at public expense)
• 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 to obtain documents from the Secretary of State or a third party required in support of the application (whether the application was successful or not)

When one or more of the above conditions are met, entry clearance must be refused if the applicants apply within the following periods (when the relevant breach took place in the UK, the start date for calculating the ban period is the date the applicant left the UK):

• one year if they left the UK voluntarily (not at public expense) – where they were refused at port, they must have followed all conditions imposed by the port (such as temporary admission conditions) and then been removed at the carrier’s expense, to qualify for only a one year ban
• 2 years if they left the UK voluntarily, at public expense, no more than 6 months after the date on which they were given notice of their removal decision, or no more than 6 months after the date on which they exhausted their appeal rights against that decision, whichever is the later
• 5 years if they left the UK voluntarily, at public expense
• ten years if they were removed from the UK at public expense
• 10 years if they used deception (which includes using false documentation) in support of a previous application for entry clearance
• 5 years if they left or were removed from the UK as a condition of a caution issued in line with section 22 of the Criminal Justice Act 2003

When the applicant has breached more than one of the UK’s immigration laws, the that breach which leads to the longest period of absence from the UK needs to be taken into account.

Before the application is refused under paragraph 320(7B), it must be checked if the applicants are applying in a category which is free from this rule under paragraph A320, B320 or 320(7B).

It needs to be satisfied that deception has been used and/or the applicant intended to deceive about a previous breach. This will mainly relate to how the applicant 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, it must be found out whether a 2 year or 5 year mandatory re-entry ban applies depending on whether or not they left more than 6 months after their removal decision or more than 6 months after they exhausted their subsequent appeal rights.
In some circumstances, the 6 month time frame in which a person must depart to benefit from a 2 year ban, rather than a 5 year ban, may be re-set to start again. The 6 month clock will have been re-set where:

• the removal decision was substituted for a new decision where a fault was found with the original decision
• the applicant was appeal rights exhausted, but then lodged an out-of-time notice of appeal with the Tribunal seeking an extension of that time limit and the Tribunal extended the time limit – in these circumstances, the applicant will be subject to a 2 year re-entry ban where they left the UK voluntarily at public expense no more than 6 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, were refused but were found to constitute a fresh claim – in these circumstances, the applicant will be subject to a 2 year re-entry ban where they left the UK voluntarily at public expense no more than 6 months after the date of their latest removal decision or no more than 6 months after the date on which they no longer had a pending appeal against that decision, whichever is the later
• the applicant made further submissions to the Secretary of State which were only determined more than 12 months after their submission – in these circumstances, the applicant will be subject to a 2 year re-entry ban where they left the UK voluntarily at public expense no more than 6 months after the date on which the further submissions were determined and found not to constitute a fresh claim

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UK Visa Refusal on General Grounds - European Economic Area Family Permits

UK Visa Refusal on General Grounds - European Economic Area Family Permits

This post explains refusal for entry clearance on a European Economic Area (EEA) family permit under the Immigration EEA Regulations 2006.

This relates to general grounds for refusal under paragraphs 320(7A) and 320(7B) of the rules.

Applications of  non-EEA family member under paragraph 320(7A) or 320(7B) can't be refused, if they are applying for entry clearance under the Immigration EEA Regulations 2006. This is because such applications are not covered by the Immigration Rules.

However, if the applicant is applying under the Immigration Rules, for example as a visitor, it can be refused on general grounds.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants

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UK Visa Refusal on General Grounds - Document Examination Report (DER) and Document Verification Report (DVR)

UK Visa Refusal on General Grounds - DER and DVR

General Grounds for Refusal Document Examination (DER) and Document Verification Reports (DVR)

This post explains when document examination or document verification report needs to be filled.

This relates to general grounds for refusal under paragraphs 320(7A) and 320(7B) of the rules. For visitors, refusal under paragraph V 3.6 and V 3.7-11 of Appendix V.

When an application is refused under paragraph 320(7A) or 320(7B), either a document examination report (DER) or a document verification report (DVR) needs to be filled. This is because it is to ensure that there is a clear audit trail which shows how the decision has been reached.

In some cases when an application is refused on these grounds, deception might also be known from another source, for example, from a report or through an interview. In such cases, DER or DVR still needs to be filled , even if that means simply referring to a question and answer interview or another report. It is not required to confirm that a document is false if a DVR has been filled completely.

If an applicant, third party or appeal case asks for a copy of the DER or DVR, it must be depersonalised.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants Karachi & London

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UK Visa Refusal on General Grounds for Deception: Material Facts Not Disclosed

UK Visa Refusal General Grounds Deception - Material Facts Not Disclosed

General Grounds for Refusal Deception: Material Facts Not Disclosed

This post explains consideration when an applicant applying for entry clearance has not disclosed material facts.

This relates to general grounds for refusal under paragraph 320(7A) of the rules. For visitors, refusal under paragraph V 3.6 of Appendix V.

An application is refused under paragraph 320(7A) when an applicant does not disclose a fact that is material (relevant) to the decision to grant entry clearance. To do so, it must be able to prove that the information the applicant withheld is relevant to the decision.

An application cannot be refused on these grounds if it has not been told to the applicant the kind of information which is relevant to their application. The applicant does not have to give information unless it is being told to them: what kind of information is material to their application.

To know more and discuss your refusal case visit UK Visa & Immigration Consultants Karachi & London

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UK Visa Refusal on General Grounds of Deception- False Documents

UK Visa Refusal General Grounds Deception- False Documents

General Grounds for Refusal- Deception: False Documents

This relates to consideration when an applicant applying for entry clearance has submitted a false document with their application.

This relates to general grounds for refusal under paragraph 320(7A) of the rules. For visitors, refusal under paragraph V 3.6 of Appendix V.

An application must be refused under paragraph 320(7A) if there is an evidence that a false document has been submitted. Such an application must be refused even if:

• the false document is not relevant to the application or the decision
• the applicant does not know that the document is false

To be satisfied that a document is false, one of the following needs to be undertaken:

• examination of the document and filling in a document examination report (DER) –  findings must be set out to justify the decision that the document is false, and photographic evidence must be included where needed;
• have evidence, as a result of the checks, that the document is false and fill in a document verification report (DVR);
• show that the document is identical to another document on which there is a current and reliable evidence that it is false – for example, the body which issued the document has either given information on security features or already told that an identical document is false;
• 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

To know more visit Expert Advice - UK Visa & Immigration

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UK Visa Refusal on General Grounds - Deception: False Representations and Information

UK Visa Refusal on General Grounds Deception - False Representation and Information

General Grounds for Refusal - Deception: False Representations and Information

This pertains to consideration when an applicant applying for entry clearance has made false representations or given false information.

This relates to general grounds for refusal under paragraph 320(7A) of the rules. For visitors, refusal under paragraph V 3.6 of Appendix V.

False representation is when an applicant or third party lies or makes a false statement in an application. This could be in writing or orally when an applicant is interviewed. Such an application is refused under paragraph 320(7A), even if:

• the false representation is not relevant to the application or decision
• the applicant did not know, or claims not to know, that false representations have been used

However, an applicant must not be refused just because an ECO thinks that false representations have been made or because of mistakes in the applications. For example, the applicant has given an incorrect postcode or misspelt a name on their application form.

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

False information

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

To re-apply or file an Appeal/Judicial Review visit SilverLining Consultants - UK Visa Consultants

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UK Visa Refusal General Grounds - Deception

UK Visa Refusal - General Grounds Deception

General Grounds for Refusal - Deception

This pertains to consideration 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. For visitors, refuse under paragraph V 3.6 of Appendix V.

An application must be refused when an applicant has used deception in their current application, for example has:

• made false representations
• given false information
• submitted false documents
• not disclosed material facts

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

It should also be considered that whether it is appropriate to refuse the applicant under paragraph 320(11) when the applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules.’ For visitors, application is refused under paragraph V 3.8.

Standard of evidence

To refuse under paragraph 320(7A) the ECO must have positive evidence to prove that the applicant has lied or submitted a false document. The legal standard of proof is ‘balance of probabilities’, which means it is more likely than not that the applicant has made false representations or given forged documents. It is not appropriate to refuse under paragraph 320(7A) simply because the ECO is not satisfied that the applicant is telling the truth or because of mistakes in their application. For example, when an applicant has given an incorrect postcode or misspelt a name on their application form.

To know more and discuss your refusal visit Expert Advice UK Visa & Immigration

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UK Visa Refusal on General Grounds - Criminal Certificate Tier 1 (Investor) and (Entrepreneur)

UK Visa Refusal on General Grounds - Criminal Certificate Tier 1 (Investor) and (Entrepreneur)

General Grounds for Refusal - Criminal certificate: Tier 1 (Investor) and (Entrepreneur)

This relates to the consideration when an applicant who is applying for entry clearance is required to provide an overseas criminal record certificate.

From 1 September 2015, Tier 1 (Entrepreneur) and Tier 1 (Investor) entry clearance applicants and their adult dependant or dependants (over 18 years old) must provide an overseas criminal record certificate for any country they have resided in continuously for 12 months or more, in the last 10 years before their application.

Any applicant who fails to provide the required certificate or certificates will fall for refusal under paragraph 320 (2A) unless they are either aged 17 or under or it is not reasonably practicable for the applicant to obtain such evidence from the relevant authorities. Applicants must provide:

• the original certificate, for each country (excluding the UK) where they have resided continuously for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority
• if the certificate is not in English, a translated copy of certificate, in line with the requirements 

Certificates will only be considered valid if have been issued within 6 months of the visa application or within the expressed validity period of the document, whichever is the shorter. The original certificates are retained by the UK Immigration Authorities in line with retention periods, in most cases at least 2 years. Certificates are not returned to the applicants.

Any offences outlined on the certificate will be subject to the existing criminality thresholds within the General Grounds for Refusal (320 2, 18A, 18B).

Where there is a discrepancy between the information provided by the applicant in the visa application form, information on the certificate, criminal record checks and/or open source (such as media reporting) an explanation is requested from the applicant through an interview. There may be good reasons for the discrepancy, for example, certificates may not detail ‘spent’ convictions according a particular country’s rehabilitation legislation, however where information about offences is available, either from the application form or other sources, it must be considered as part of usual decision making.

Consideration of ‘reasonably practicable’ and exceptions - UK Visa Refusal Tier-1 on General Grounds

Where applicants are unable to obtain certificates they must:

• provide a letter which details their attempts to obtain a certificate and confirms why this has not been possible
• submit this letter with the other supporting documents when they apply

Explanation against the situation in any of those countries must be considered and the Home Office guidance needs to be checked so as to establish if the country has a process for issuing certificates, there is more information on this in Home Office Overseas Criminal Record Certificate guidance.

If an applicant has previously resided in a country for 12 months or more, but is no longer resident, be aware that many agents operate a service to obtain certificates on behalf of their clients.

If it is concluded that it is possible for the applicant to obtain a certificate and they have failed to do so, the application must be refused under paragraph 320 (2A) of the Immigration Rules. An Entry Clearance Manager must review these decisions.

Where an ECO is satisfied that it is not reasonably practicable to expect an applicant to provide one or more certificates and intend to issue entry clearance, an Operations Manager or above must review the decision to waive the certificate requirement.

Missing certificates - UK Visa Refusal Tier-1 on General Grounds

The information that the applicant provides must be checked about the countries they have resided in for over 10 years to make sure they have provided the correct certificates.

If the applicant has provided some, but not all, of the required certificates, and this is the only issue preventing the application from being granted, then an applicant is advised through an email that they have 7 working days to provide the remaining certificates and that their application will be refused if they fail to do so.

Verification - UK Visa Refusal Tier-1 on General Grounds

Certificates must be genuine documents issued by the official authorities. Checks can be undertaken to make sure documents are genuine and correctly issued to the applicant or adult dependant.

Refusing on the grounds of a false or fraudulently obtained document - UK Visa Refusal Tier-1 on General Grounds

A document verification report (DVR) or document examination report (DER) will be required to ascertain to a balance of probabilities that a false document has been obtained, or a genuine document has been altered and used for the application. There is more information on this in Document examination (DER) and verification reports (DVR).

If an applicant provides a false or fraudulently obtained document, independently verified through a DVR or DER, then the application must be refused under both 320 (7A) for providing false documents and 320 (2A) for failing to provide overseas criminal record certificate as required.

Pending prosecutions - UK Visa Refusal Tier-1 on General Grounds

If a certificate and/or information provided within the VAF outlines that an applicant has been arrested and charged (or any equivalent) but awaiting prosecution or a court hearing, their application must be put on holding pending the outcome of proceedings.

To know more visit: Expert Advice - UK Visa & Immigration Karachi & London

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UK Visa Refusal on General Grounds- Deportation Order or Conviction

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

To know more and discuss your refusal case visit UK Visa & Immigration Consultants Karachi & London

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UK Visa Refusal on General Grounds NOT Covered in the UK Immigration Rules

UK Visa Refusal on General Grounds not Covered by the Immigration Rules

General grounds for refusal: Entry for a purpose not covered by the UK Immigration Rules

This post relates to consideration when an applicant is applying for entry clearance in a category which is not covered by the UK Immigration Rules.

This relates to general grounds for refusal under paragraph 320(1) of the rules.

For visitors, permitted activities are covered by appendices 3-4 of Appendix V and prohibited activities are covered under V 4.5-10. Applicants who are coming to do a prohibited activity must be refused under paragraph V 4.2(c).

If you have a UK Visa Refusal and intend to either re-apply or file an Appeal/Judicial Review then may visit SilverLining Consultants - UK Visa & Immigration Consultants Karachi & London

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www.silverliningconsultants.net

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