By Isabella Reynard – Pupil Immigration Barrister
In Part 1 of this two-part collection on grounds for refusal of a UK immigration utility, we checked out refusals on non-conducive grounds, criminality grounds and for breach of immigration legal guidelines. In Half 2 will study immigration refusal choices based mostly on exclusion, deportation orders or journey ban grounds, false representations grounds, involvement in sham marriage/civil partnership grounds and exclusion from asylum or humanitarian safety grounds.
Which Immigration Purposes Does Half 9 Apply To?
As set out in Part 1 of this two-part collection, Half 9 of the Immigration Guidelines applies to the overwhelming majority of immigration purposes. Nevertheless, there are a number of kinds of purposes which it doesn’t apply to, so it’s value checking previous to the consideration of Half 9. Part 1 of Half 9 states that Half 9 doesn’t apply to immigration purposes made below:
- Appendix EU
- Appendix EU (Household Allow)
- Appendix S2 Healthcare Customer
- Appendix Service Suppliers from Switzerland
- Appendix Settlement Safety
- Appendix Digital Journey Authorisation
It additionally solely applies partially to some purposes, together with these made below:
- Appendix FM
- Appendix Non-public Life
- Appendix Armed Forces
- Half 11 (Asylum)
- Appendix Settlement Household Life
- Appendix Grownup Dependent Relative
Refusals on Exclusion, Deportation Order or Journey Ban Grounds
Beneath paragraph 9.2.1 of Part 9 of the Immigration Guidelines:
An utility for entry clearance, permission to enter or permission to remain should be refused the place:
(a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
(b) the applicant is the topic of an exclusion order; or
(c) the applicant is the topic of a deportation order, or a call to make a deportation order.
The Dwelling Workplace units out quite a few grounds for exclusion, together with:
- Nationwide safety
- Criminality
- Worldwide crimes (battle crimes, crimes in opposition to humanity or genocide)
- Corruption
- Extremism
- Unacceptable behaviour
- In restricted circumstances, sham marriage.
9.2.1 (a) and (b) are necessary grounds for refusal. This stays the case so long as the exclusion resolution remains to be in power. An exclusion resolution or order stays in place indefinitely, till it’s revoked.
The place an applicant is topic to a deportation order, it’s potential to request as a part of an entry clearance utility that the deportation order be revoked, and the request for revocation must be thought of previous to the entry clearance utility.
Deception and False Representations Grounds
The burden is on the Dwelling Workplace to ascertain that it’s extra possible than not that deception was utilized in respect of the present utility and, if established, this can be a necessary floor for refusal.
Deception is outlined within the steerage as a deliberate intention to deceive. Alongside the visa refusal, a discovering of deception attracts a 10-year re-entry ban to the UK. Due to this fact, when you have been wrongly accused of deception it’s possible you’ll search to challenge the decision.
There’s a additional discretionary floor for refusal of an utility if in relation to the appliance, or with the intention to get hold of paperwork from the Secretary of State or a 3rd social gathering offered in help of the appliance:
- false representations are made, or false paperwork or false info submitted (whether or not or not related to the appliance, and whether or not or to not the applicant’s information); or
- related details are usually not disclosed.
This discretionary floor subsequently additionally consists of paperwork issued by a 3rd social gathering, for instance an Acceptance of Research doc issued for a Student visa, and this floor might be engaged even when the applicant is unaware that the doc is fake. It additional pertains to the omission of knowledge and as such it’s good apply to reveal all related info requested for on the appliance type.
Involvement in Sham Marriage/Civil Partnership Grounds
Paragraph 9.6.1 of Part 9 of the Immigration Guidelines states:
An utility for entry clearance, permission to enter or permission to remain could also be refused the place the choice maker is glad that it’s extra possible than not that the applicant is, or has been, concerned in a sham marriage or sham civil partnership.
This can be a discretionary floor for refusal.
Sections 24 and 24A of the Immigration and Asylum Act 1999 set out {that a} sham marriage is one through which:
- one or each of the events isn’t a related nationwide (this implies a British citizen, EEA nationwide or Swiss nationwide)
- both or each of the events enter into the wedding or civil partnership for the aim of circumventing UK immigration controls
- there is no such thing as a real relationship between the events
The Dwelling Workplace might conduct a wedding investigation to ascertain whether or not the connection is a sham. It will embody an evaluation of the genuineness of a relationship and any potential/precise benefit that the connection would create by circumventing UK immigration controls.
This will probably be selected a case-by-case foundation however steerage is given about potential circumstances which could give rise to the discovering of a sham marriage:
- in relation to UK marriage preliminaries (the wedding referral and investigation scheme) the place the Dwelling Workplace chooses to analyze previous to the wedding or civil partnership.
- following intelligence or different Immigration Enforcement (IE) encounters that elevate affordable suspicions {that a} relationship could also be a sham
- legal investigations into sham marriages and associated offences:
- following purposes for permission to enter or stay within the UK based mostly on spousal relationships
- following purposes for a wedding customer visa UK to enter to UK for marriage tourism
Exclusion from Asylum or Humanitarian Safety Grounds
An utility for entry clearance, permission to enter or permission to remain could also be refused on suitability grounds the place the applicant is, or can be, excluded from safety.
Exclusion from safety implies that the applicant has beforehand made a protection claim within the UK and any of the next apply:
The above can even apply when the applicant has not but made a safety declare, however can be excluded from safety in the event that they have been to make one.
The place this floor applies, it’s possible that different suitability grounds will even apply, resembling non-conducive grounds or criminality grounds).
Contact Our Immigration Barristers
For knowledgeable recommendation and help with the appliance of Half 9 Grounds for Refusal or any UK visa utility or immigration attraction, contact our Immigration Barristers on 0203 617 9173 or full our enquiry type beneath.
