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
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