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New concessions on re-entry ban


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Some great news on the re-entry ban saga.

There was an unusually good debate in the Commons last night, when several MPs managed to put the screws on Liam Byrne, the Minister, and extracted three excellent concessions. All credit to those responsible, who appear to be Simon Hughes, John Spellar and Fiona McTaggart. They were well briefed by a number of organisations and Steve Symonds and Alison Harvey at ILPA have yet again done some brilliant work mitigating the worst effects of idiotic government proposals.

The concessions are:

“First, we will not automatically refuse applications from people applying to join their family permanently in the UK—that is to say, those applying for visas as a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the immigration rules; a fiancée or proposed civil partner, as set out in paragraph 290 of the rules; a parent, grandparent or other dependent relative, as set out in paragraph 317; a person exercising rights of access to a child, as set out in paragraph 246; or a spouse, civil partner or unmarried or same-sex partner of a refugee or person with humanitarian protection, as set out in paragraphs 352A, 352AA, 352FA and 352FD. Following some of the comments made by hon. Members this evening, I will of course check to see whether we have cast the scope of those exceptions correctly, but my initial analysis is that that is where the discretion should apply.

Secondly, we will not automatically refuse anyone who is under the age of 18 at the time of the breach of the immigration rules. My hon. Friend the Member for Islington, North spoke powerfully on this subject, as did the hon. Member for North Southwark and Bermondsey. That case has been well made.

The clarification that I want to make underlines comments that I have made to the Committee of my hon. Friend the Member for Hendon (Mr. Dismore) in the past that there should be a carve-out for victims of trafficking. We will put that into effect when we have ratified the Council of Europe’s convention on trafficking.”

It isn’t clear whether there will be a rule change or some sort of policy guidance. Far and away the most sensible thing to do is change the rules themselves to reflect the minister’s announcement. As readers may have previously observed, the Home Office is hardly known for being sensible…

Many applications have already been refused under the unamended rules, as previous comments on this blog show. Anyone affected should contact the entry clearance post concerned straight away and ask for a review. It will take months and months for an appeal in the Asylum and Immigration Tribunal to be listed, unfortunately, so it is better to go straight to the visa office responsible in the first place.

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Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


13 Responses

  1. So this is the re-entry ban removed? That’s it done, dusted? (Well we wait until it ‘filters into rules I guess).

    And a U-Turn? No way not this goverment….

    Anyone for a 10p tax band….?

    Left unchecked I dread to think what Baldrickesque ‘cunning plan’ will be on the cards next. If it’s not one way they manage to ban people, they’ll find another way to do it.

    ILPA, MPs (and Mr Free Movement for posting it) nicely done :)

  2. “So this is the re-entry ban removed?”

    No, just the mandatory element of it for family, who should never have been caught by it to start with.

  3. Great news!! May be prudent not to withdraw the appeal and wait for a smiling clearance manager to hand the visa over p’haps!Certainly opens new doors for us though.Thanks to all concerned.

  4. can any one answer me pleas
    my visa is been automatick refuse because i applay on the 3 appril ,the risen is refuse is because of this new law from the first apprill which it says who ever left the uk before 17 of murch and left with public founds is band it for 5 yers .so is this new rol removed ,and if yes can i ask to replay again or what?
    if any one can answe me please

  5. Florian, I’m sorry but I can’t give specific legal advice on this website. Anyone who was refused under the initial version of 320(7B) should contact the ECO and request a review under the new amended version, though.

  6. My spouse visa was refuse because of this new law 320(7b) on the 6 April 2008.
    And I been advise from some solicitors to give them call the visa officer (embassy) and ask them to review my application following the changes and discretions the immigration minister announced.
    And I did and i have been told: we will se are we going to reviewed or we will take to the tribunal. As I did applied after refuse on 6 April.
    So what should I do now?

    Is it necessary for them to review my application?
    And did this new law start it yet to review applications which has been refuse from the 1 April?
    Can FREE MOVEMENT give me any advice what to do please?

  7. As said elsewhere, I am afraid this is not a place to get free legal specific advice.

  8. I think you may have rather missed the point of my last comment, I am afraid. I am sorry to be so pointed, but I am not giving out legal advice on this website.

  9. So from now there will be no need of appeal if your spouse visa UK settlement application is refused you can pass on your application to the Clearence manager for second reveiw.

  10. I wonder if that automatic re-entry ban of 10 years applies to someone who was removed to a third euopean country under the Dublin Regs. particularly if the removee has since obtained residence permit in the third country.

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