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Immigration Status Notes

LPC Law Notes > Immigration Notes

This is an extract of our Immigration Status document, which we sell as part of our Immigration Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Immigration Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ENTRY CLEARANCE
***Non-visa national can enter without entry clearance as 'general visitor' PARA. 41. Entry clearance Entry clearance is a form of pre entry control granted by ECO. Applied for usually before entrant travels to UK. Some non-visa nationals may need entry clearance for stays over 6 months.Applications for certain countries can be applied online. Once submitted given appointment to produce original passports and supporting documents plus pay appropriate fees. Appendix T nationals to undergo compulsory screening for TB if applying to enter for more than 6months stay.

Applicant now is required to give 10 digit finger scan and digital photograph when applying for entry clearance. Person based in UK - 'sponsor', para. 6 definition may need to give financial undertaking, Para. 35 'A sponsor of a person...may be asked to give an undertaking in writing to be responsible for that person's maintenance [and] accommodation...' Form SU07 - Sponsorship undertaking form

Refusal for entry clearance (PARA. 320) mandatory grounds (1 - 7D) a) sought for purpose not covered by Immigration Rules b) applicant subject to deportation order or has relevant conviction c) failed to produce valid national passport or failed to establish identity

(Only this one applies to partners entering under Appendix FM) d) SoS (Secretary of State) personally directed exclusion of person from UK is e)

f)

g)

h)

conducive to public good Medical inspection confirmed on medical grounds that person is undesirable and ECO (Entry Clearance Officer) satisfied that no compassionate, strong reasons justifying False representations, false documents provided. Can be orally or in writing. ECO satisfied to high standard that false representation made. [HO guidance on false document = document which has been altered or tampered with: a counterfeit document, genuine document used by imposter, document fraudulently obtained or issued, genuine document containing falsified/counterfeit visa or endorsement]
Previous breach of immigration laws and overstaying. Breach must be overstaying of more than 90 days, breaching condition attached to leave, being an illegal entrant, and using deception for entry clearance, leave to enter or remain. Applicant has failed, without providing reasonable explanation, to comply with request made on behalf of ECO to attend interview.

Time limits for mandatory refusal (g) Exceptions Left UK voluntarily and not at expense of state Left voluntarily, at expense of state. Date person left UK was no more than 6 months after date on which 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 voluntarily and at expense of state Removed or deported from UK Used deception in an application for entry clearance

Length of ban 12 months from date left UK 2 years from date left UK

5 years from date left UK 10 years from date left UK 10 years from date deception used

Cases where overstayed, less than 90 days, left voluntarily at own expense - no ban!
Above applies to 'leave to enter' as well

Discretionary grounds - PARA. 320(8)-(20) Entry clearance and leave to enter a) Failure to supply any information, documents, copy of documents or medical report that has or have been formally requested b) Where applicant has previously contrived in a significant way to frustrate the intentions of the Rules by: (i) Overstaying or (ii) Breaching a condition attached to his leave or (iii) Being an illegal entrant or (iv) Using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from SoS or 3rd party required in support of application. And there are other aggravating factors such as absconding, not meeting temporary admission or reporting restrictions or bail conditions, multiple identities etc. (Only this one applies to partners entering under Appendix FM) c) Refusal by sponsor to give undertaking in writing for maintenance and accommodation for period of leave granted d) Refusal to undergo medical examination where required e) Relevant criminal convictions - Appendix 8 f) Where, from information available, it seems right to refuse applicant as it is conducive to public good, in light of character, conduct or associations of person seeking leave to enter. g) One or more relevant NHS body has notified SoS that person seeking entry or leave has failed to pay a charge or charges with total value of atleast PS1000.

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