General grounds of refusal
A caseworker or an Entry Clearance Officer must consider refusing a person on general grounds if there is any evidence in their background, behaviour, character, conduct or associations that shows they should not enter or remain in the UK for one or more of the grounds set out in paragraphs 320 and 322 of the Immigration Rules.
Speak to ICS Legal on 0207 237 3388 or e-mail us your query on info@icslegal.com. If you a Sponsor Licence holder and require advice on applying/assigning an allocation, please speak to our dedicated Sponsor Licence Team. Complete our visa assessment form, by clicking here.
If you are applying for a UK visa from outside the UK, the ECO will consider the following:
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when you refuse on the basis of a false representation made in a current application, paragraph 320 (7A) of the rules applies - where there is evidence they have contrived in a significant way to frustrate the intentions of the rules, paragraph 320(11) applies;
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when you refuse on the basis of false representations in a previous application, paragraph 320(7B) applies;
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when you refuse on the basis of a forged or counterfeit passport being submitted, paragraphs 320(3) and 320(19) apply;
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when you refuse for other deceptive documents, paragraph 320(19) applies.
If you are already in the UK, the Caseworker will consider the following:
- when you refuse on the basis of a false representation in the current application, paragraph 322(1A) of the rules applies;
- if you intend to refuse on the basis of a previous false representation, paragraph 322(2) of the rules applies;
- if an applicant has used false representations in a current or previous application to get a document from the Secretary of State to show they have a right to reside in the UK, you must refuse the application made under paragraph 322(A) of the Immigration Rules.
What the Immigration Rules provides?
The Immigration Rules define fraud and forgery as a form of deception. If a person submits a document or information with an application which is independently verified as being forged or not genuine, you must consider refusing entry or leave to remain. When you have evidence that a person has done this, either as part of their current or previous application, the Immigration Rules state that you should refuse the application unless the deception related to an application over 10 years ago.
A false document includes a:
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genuine document which has been altered or tampered with;
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counterfeit document (one that is completely false);
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genuine document that is being used by an imposter;
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genuine document which has been fraudulently obtained or issued;
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genuine document which contains a falsified or counterfeit visa or endorsement.
European Economic Area (EEA) nationals and their family members
The Immigration Rules and revised criminality framework does not apply to EEA nationals, or their family members, exercising treaty rights in the UK. Unless the EEA national specifically wants to apply for leave within the rules, for example, as the spouse of a UK national. However, there will be situations where the revised criminality framework will apply.
For example:
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Derivative rights – such people are not allowed to benefit from the public policy protections in the free movement directive and their cases will be considered using the standard domestic test for deportation.
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Extended family members – do not have an automatic right under the free movement directive and only benefit from the provisions of the EEA regulations if they are issued with a residence document the new framework applies if a residence document has not been issued or the application is under consideration.
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Related FAQ's
Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.
There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.
Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.
Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.
The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.
We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.
Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.
1) You contact us through e-mail or phone.
2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.
3) Your case then gets passed to a case worker.
4) Case Worker would contact you to set up an initial meeting.
5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.
6) You authorise us to be your legal representative by signing our customer care letter.
7) We will then start to request documents and information about your case this will build up your case pack.
8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.
9) Where possible we will go through every aspect of your case before case submission.
10) We will continue to update you throughout the case life cycle .