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Changes to immigration rules
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One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can remember a number of occasions when they have been so ill conceived they’ve had to withdraw them immediately. They once accidentally abolished the working holiday maker scheme by deleting Appendix 3 of the rules (akin to a Homer moment of “What if I press this big red button? D’oh!”) and they also once forbade fiance(e)s (ugh, I hate that word) from extending their stay as spouses – the entire purpose of the fiance(e) (D’oh!) category. All this incompetence just creates work for immigration lawyers, so I shouldn’t really complain.
This latest Statement of Changes comes into effect on 30 June 2008. It is mostly concerned with implementing parts of the Points Based System. The rest of Tier 1 is coming into being, which means entrepreneurs, investors and post-study work, i.e. the replacement for IGS and Fresh Talent. Interestingly, there is no requirement for existing leave at the time of an application for leave to remain in these categories, which marks a significant and very welcome change in approach. Illegal entrants are barred, but it simply says that an applicant must have or have last been granted leave in certain categories. That leaves the door open for overstayers to apply, although I believe the policy will be not to accept applications outside 28 days other than in exceptional circumstances.
Lastly, the various concessions on the no return rule are being incorporated into the immigration rules as follows in two new paragraphs:
320(7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or
(b) where the individual was under the age of 18 at the time of his most recent breach of the UK’s immigration laws.
320(11) [leave should normally be refused] where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.
There are no changes to the visa officer guidance yet, but the new rules suggest that changes will be made at some point to provide more concrete examples. That would certain be helpful to some of the people who have left comments on this blog!
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11 responses
Good job you do here, FM.
Now that the contriving to frustrate clause is in paragraph 320(11), would I be right in saying this would not carry a ban? As it appears that a decision to refuse would be based on the ECO’s discretion?
freemovement is there a difference between these based on the refusal wording Use of deception in previous entry clearance application
You were refused entry clearance for using deception by [explain] on [insert date] (refusal notice attached).[I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [10 years after the previous refusal- i.e. the application in which deception was used]
Use of deception in previous leave to enter or remain application
You were refused [leave to enter/leave to remain] for using deception by [explain] on [insert date] (refusal notice attached).[I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [depends on how applicant was removed] after the previous refusal- i.e. the application in which deception was used]
hi FM
i jest want to askw about the date 30 jun ,is the date when the ambasy will start to take back the applications whicg are refuse on base of paragraf 320(7b)?
and this law no return rule to uk did any of case which has been refusse becusse of 320(7b) has been takening back from any embassy or no?
thank you F,M
must be clear on supose visa . if a person marry with with his country girl then he will marry with a american girl and after two months she will divorce with tht man then he will be able to green card of america.
good day
Sir/Madam
I am indian national regular Nautical student and i have my exams on 08th of July and 15th of July and i am flying back to my country on 16th of july. my visa is expiring 30/06/2008.
kindly advice me can i fly on the date and still i will legilly to fly.
Hi,
I have a bf who has been in this country for 8 years as a student and he is in his last year of studies. He was meant to finish this year but he failed, yet again, and he is really scared he will be refused a visa as home office won’t want him to reach the 10 years needed to become a resident. Now, I am under IGS and will change to Tier1, I wanted to add him in the application as my partner but as I am not EU I have been told this is not possible (We have been living together for 5 years and have proof of this up tp 3 years). We have been told we mush marry before September, otherwise the lwa won’t allow him to stay and he will e sent home for 1 year. As I don’t want this awful situation to rule when I get married, is there a way he can extend his stay in here? he is finishing ACCA and should finish in Dec (so he’s gon ask for an extension to stay to give his last exams as his current visa expires end of October), we’ve been advised he can always find a conditional offer for his masters and pay part of the fees and try to renew that way as a student doing his maters Is this possible? I feel like crap not benig able to help him as I am not ready to get married and feel all the pressure over my shoulders. Any advise would be greatly appreciated.
dear sir ,madam,
iam from india, my name is gilbert james, i entered this country illegally, but i was caught by cardiff police and handed over to immigration officers, they enquired me, took allmy details, but , like finger prints, my qualifications, work experience , even my pass port number, but they an immigration officer ask me to report to an police station or to the immigration office after a week, but i didnt go and report to them, plssssssssssss some one help me by giving an correct decision, all i want is i want to stay in this country legally, iam an catering qualification, and hav six yrs experience in similar field,plsssssssss some one help me
i got refused because of this Paragraph 320/7b for a spouse visa. i’ve already appealed but do i have any chance on wining the appeal against this Paragraph? thanks
hello there, I work in the voluntary sector supporting immigrants with advice and stuff. I should be grateful if anyone knows of any caselaw or relevant cases of section 96 certification by home-office. I have seen section 94 certification cases, but am specifically looking at a case where it is accepted that subject of removal has a fresh claim, but then they went on to certify that he could have raised them in his previous appeal! surely if it is accepted that the representations, amount to a fresh claim, then, doesnt that mean its new….and how could they then say it could have been raised before and hence certify based on that. All ideas welcome. Thanks
Hi there can you please let me know when this came into force and when it was updated as it is not shown on the current law/guidelines.
im appealing to get my husband back :(
thanks
Good luck with the appeal. The date it came into force is in the post.