Paragraph 320(7A) of the Immigration Rules

This reduction applies only to voluntary departures, whether or not they are borne by the State. It does not apply if the person has been removed or removed from the United Kingdom. If an applicant has already received a notice identifying them as an immigration offender (Form IS151A) or if a decision has been made to remove them (Form IS141A Part 2 or IS151B), the applicant may still have left the UK voluntarily. (7B) Subject to section 320 (7C), if the applicant has previously infringed UK immigration laws by: Interestingly, for a document to be considered false, there must be an element of dishonesty, but that dishonesty does not have to come from the applicant. In the present case, the forged document was the applicant`s passport, which contained a stamp attesting to his return to Pakistan one month before his actual entry into Pakistan. The issue was not whether the complainant had resorted to deception, but rather whether the Pakistani immigration officer had done so. If it could be proved that he had done so, the application should be rejected because a falsified document had been submitted. (a) by exceeding the duration of the stay (except where section V3.9A applies); or (b) in breach of a condition attached to their leave; © or being an illegal immigrant; or (d) whether the deception was used in connection with an application or documents used in support of an application (whether accepted or not). 9.8.7. The relevant period referred to in paragraph 9.8.1. and 9.8.2. is listed in the following table (and if the person has already breached more than one immigration law, only the violation resulting in the longest absence from the UK will be considered): Deception within the meaning of subsections 320(7B) and 322(11) is defined in subsection 6 of the Immigration Rules as follows: If the immigration officer also finds: that the applicant knew that the document was false and therefore used deception in the application, he should also reject the application in accordance with paragraph 320 (7B). It provides that an application is rejected.

25 […] To be eligible for ten-year treatment under subsection 320(7B), it must be shown that the nannies made the false statements with the intent to obtain an immigration benefit. This paragraph applies regardless of whether the applicant knows that he or she has resorted to deception. The application will be rejected if a forged document was submitted, whether or not the applicant knew it was a forged document. This is the examination if an applicant for an entry permit has submitted an incorrect document with their application and the application is rejected in accordance with the mandatory general grounds for refusal under section 320(7A) of the Immigration Rules. For visitors, refusal in accordance with Annex V, Section V, point 3.6. The applicant is effectively excluded from entry into the United Kingdom during the exclusion period, the duration of which depends on the particular circumstances. Please note that these compelling grounds for refusal cannot be invoked against individuals who apply as spouses, unmarried partners, life partners, fiancées, parents, grandparents or other dependent relatives (under Immigration Rule 317). In addition to automatic or mandatory refusals for deception, there are a number of provisions that allow an immigration officer or an official of the Ministry of the Interior to reject a current or previous request for deception.

It should not be assumed that there is a reluctance to exercise these powers; The wording of many of these rules is that entry permits “should normally be refused.” This means that it is assumed that the application will be rejected. Immigration rules define misrepresentation as a form of deception. In fact, a false statement means that an applicant or a third party is lying or making a false statement in an application. A false statement may be made in writing or orally when a candidate is interviewed. However, it is imperative to refuse a request for misrepresentation. If a decision-maker has evidence that a person used deception in the context of the current or previous application, the decision-maker will reject the application unless the paragraph of the rules allows the decision-maker to have discretion. Therefore, an applicant will receive a 10-year visa ban for the UK under section 320(7A) or 322(1A) or V3.6 of the immigration rules for using false statements, even if: 9.18.1. A person applying for entry as a returning resident pursuant to Article 18 of this Regulation may be refused an entry permit if he or she does not satisfy the decision-maker that he or she fulfils the conditions set out in this paragraph or that he or she applies for entry for the same purposes for which his or her prior authorisation was granted. For visitors, an application shall not be rejected in accordance with Annex V, Section V 3.7-11. Under former subsection 320(7A), the use of false statements, etc., in a visa application would result in a refusal decision. The new rules contain a similar ground for refusal, but remove this discretion unless there is obvious deception.

9.8.6. Exceeding the length of stay shall not be taken into account for the purposes of paragraph 9.8.4. (a) where the exceeding of the duration of the suspension is due to a decision rejecting an application or the revocation of an authorisation which has subsequently been withdrawn, revoked or reviewed by decision of a court, unless the appeal leading to the review was lodged more than 3 months after the date of the decision rejecting or revoking. Section 320(7B) also states that it only applies if the applicant was at least 18 years of age at the time of their recent breach of UK immigration laws. The current rules that have these effects are listed in Part 9 of the Immigration Rules and, for visitors, in Schedule V. The relevant subsections of Part 9 of the main immigration regulations are subsections 320(7A) and 7(B) for entry permits and section 322(1A) for applications for residence permits. Unfortunately, these are written in a very confusing way. Subsection 320(7B) of the Immigration Rules sets out the grounds for refusal of entry based on a person`s immigration history. These are called mandatory grounds for refusal because an immigration officer, upon request, must reject an application.

Therefore, it is certainly not appropriate to refuse a refusal under sections 320(7A), 322(2) and V3.6 of the Immigration Regulations simply because the ECO is not satisfied that the applicant is telling the truth and because of stupid errors in the application. For example, if an applicant entered an incorrect postal code or misspelled a name on the application form. Therefore, before imposing a 10-year prohibition on deception on an applicant in the United Kingdom, the decision-maker must satisfy the applicant that the applicant: Indeed, the decision-maker may sometimes consider the appropriateness of rejecting an application under subsection 320(11) (or V 3.8 for visitors) if an applicant “has already significantly thwarted the intentions of the immigration rules.” In addition, in particular for Annex FM applications, there are discretionary grounds for refusal based on deception in accordance with paragraphs S-EG.2.2 (for the entry permit) and S-LTR.2.2 (for the residence permit). Paragraph AF 9 (a) contains a similar provision for requests from the armed forces in the annex to the armed forces. Eligibility requirements are set out in the UK Immigration Rules. They apply to almost all immigration routes and complement the specific conditions of validity and admission of the respective visa category.

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