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:
-
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;
-
when you refuse on the basis of false representations in a previous application, paragraph 320(7B) applies;
-
when you refuse on the basis of a forged or counterfeit passport being submitted, paragraphs 320(3) and 320(19) apply;
-
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:
-
genuine document which has been altered or tampered with;
-
counterfeit document (one that is completely false);
-
genuine document that is being used by an imposter;
-
genuine document which has been fraudulently obtained or issued;
-
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:
-
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.
-
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.
Check the below links to get more information
