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New guidance on rule 320(7B) refusals published


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Following on from the parliamentary debate last week, the Entry Clearance Guidance (ECG, until recently rather quaintly called the Diplomatic Service Instructions – I always thought the idea visa officers were diplomatic was rather optimistic) on immigration rule 320(7B), the automatic re-entry ban for overstayers and other breachers of immigration laws, has been published.

The guidance says that the automatic refusal rules will not be applied to spouses, civil partners, unmarried partners, fiance(e)s, children, those who were children at the time they breached immigration law, those exercising rights of access to a child in the UK, spouses or civil partners of people recognised as a refugee or granted humanitarian protection, those accepted to be victims of trafficking and those who fall within the original concession.

However, if the visa officer thinks that any of the above applicants previously ‘significantly contrived to frustrate immigration rules’ then they should still be refused.

Only last week I handled an appeal where the visa officer had refused re-entry to a spouse on the basis of a slight discrepancy of a few days with the date of birth and spelling of surname as recorded by a Home Office official several years ago on this person’s entry to the UK. This was alleged to be reliance on a false identity. With respect, that was clearly rubbish and it was very obviously a slight mistake involving no conceivable attempt to deceive. In the meantime, this man had been forced to wait eight months for an appeal while his wife and child struggled to get by in the UK without him. Visa officers can be complete idiots, unfortunately. If the appeal is successful, it usually takes the entry clearance post another two or three months to get their act together and issue the visa.

As previously dicussed, it would seem that the rule itself is not going to be altered, although this may follow later. At a time when the Home Office is making noises about simplifying immigration law and is even suggesting yet more legislation, with a view to increasing transparency, this is disgraceful. Anyone reading the current rules would think the above policy does not exist, unless they somehow magically know to look at chapter 26 section 17 of the ECG. Which seems a little unlikely.

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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.


52 Responses

  1. So what constitutes ‘contriving to frustrate immigration rules’? A deliberate overstay of 3mnths/6mnths/one year?It all sounds a bit vague and discretionary still,when the banning rule was meant to tidy things up surely?Would assume most people returning before october will fall into the above category and therefore still be refused re entry then? Or am I wrong?

  2. Andy, I have no idea! I imagine something along the lines of actively evading immigration control, as opposed to merely overstaying. Quite what that might involve, only time will tell.

  3. According to chapter26.17.5 they say frustration is where an applicant has significantly overstayed or breached their conditions etc.They certainly like to keep all bases covered.As you say,time will tell,so we’ll wait for our appeal and put all faith in the solicitor!

  4. It does say somewhere that if an applicant would have been refused under the old rules (i.e. 320(11)) then that’s the level of proof required etc. But they’ve deleted the rule…..


    See i’m aware of a situation where it has taken ten years and then only as a result of an MP’s intervention (cf. Shala re: public interest) to get the Home Office to even consider looking at a set of applications which had been put in – though they were doomed to fail (for various reasons, however it is in writing that the cases had been ‘overlooked’ and nothing done about them), even given a long running relationship (4+ years) which has only just recently been considered by the HO.

    The person in this case has been writing to the Home Office constantly, and consistently hassling them over this period – to do something….anything – with no reply. Except they seem to reply with standard letters to phonecalls (oral contract not worth the paper it’s printed on!).

    So the question is in this case……..who’s ‘contriving to frustrate immigration rules’?

  5. Wonder if i’d be right in thinking that they may have moved the goalposts with regard to determining frustrating the rules? Therefore rendering this a concession with a nasty sting in it’s tail?I sincerely hope not.My scepticism knows no boundaries!

  6. There may well be a sting in the tail, and I’d expect ECOs to be more proactive about using the general grounds for refusal in future. I’ve seen any number of cases where there would have been good legal grounds to refuse under 320 but they simply didn’t think of it (much to my client’s benefit!).

    The old 320(11), which was abolished as these new rules were brought in, said that an application should normally be refused where there had been ‘failure to observe the time limit or conditions attached to any grant of leave to enter or remain in the United Kingdom’. In eight years I’ve never seen a case refused on this basis, though.

  7. We’ve already been stung,and the reasons all predominantly revolve around overstaying.A system where the sponsor could act as guarantor with a financial bond would be ideal in our case,though unpopular with some.Hopefully it would save both the need for insulting refusal essays to foreign people and deliberately ignoring(but filing) the protestations of one of their fellow countrymen/women in the uk!

  8. Well you see, the Hansard text describes the situation with the bans as more or less going against the grain of Aricle 8 generally. So really all Captain Manwaring has suceeded in doing is engineering a ban by proxy :-(

    Though I can only find two cases that deal with 320(11), both only mention it in passing. Seems very odd….Check out Bailli.org


  9. I’m afraid your comment is too sophisticated for me at this time of night and when thrown into a fit of depression by N v UK. Rule 320(11) was almost never used, but that does not mean that the new ‘contriving to frustrate’ rule will be left similarly dormant, sadly.

  10. With Liam Bryne being immigration minister, there is no way this ‘contriving to frustrat’ rule will be dormant!

    But my question is: Will a refusal on this basis carry a ban? I’m thinking it’s discretionary, right? Also, how do you think this is likely to affect those who fall in the paragraph 246 persons exercising rights of a child to a child in the UK, category?

    Basically, with a court order in hand, can the ECO or Secretary of state really refuse an application on the ‘frustration’ ground despite the applicant meeting all the requirements of that particular application?

    I would really appreciate your thoughts on this, please.

  11. I have been married for over 4yrs and my husband had overstayed by 3yrs. We have not had a decision yet from the home office. I am really scared and worried about thios new rule. How can they bring about this new rule which was not in existence at the time of our marriage. The take our money to process the application, then now turning around to say go back home to apply. How is that fairs, aren’t they the one also fustrating the rule.



  12. I’m sorry to hear about your situation, Melissa. The time the Home Office takes on cases like yours is scandalous. At least the new amendments to the rule mean that your husband would not be faced with automatic refusal if the worst comes to the worst and he does return home to make an application from abroad. I would say that this an option that should be considered, as a successful application means return to the UK within days with lawful status, the right to work and with settlement a possibility after two years. Hanging on in the UK for a decision that is often negative, then an appeal, then having to return home eventually is not an attractive possibility. Even if successful from inside the UK, six years of discretionary leave must be served before a settlement application can be made.

  13. Twin, it appears that a refusal on the basis of contriving to frustrate the immigration rules will carry a ban – whatever ban you’d have had for breach of immigration laws, i.e. 1, 5 or 10 years.

    If you check the ECG, it explicitly says at 26.17.4 that the general bans will not apply to rule 246 (exercising rights of access to a child). However, it seems clear that the contriving to frustrate test will be applied to all categories.

    I am quite confident that an ECO would refuse a 246 application even where there was a court order for access. The Home Office is quite happy to deport a parent where the child and partner will remain in the UK, after all.

  14. Thanks for your reply freemovement. I have read extensively on the 246 rule and countless ait cases on this rule also. I am of the understanding that this law came into being for the particular reason of facilitating reunion of families in cases where one parent have had to be removed.

    Wouldn’t it be a breach of an order if the home office refuses a parent for overstaying where he or she has been given residence order which can only take place in the UK? This would definitely be against the hague convention and european convention also. Personally, I don’t think a caseworker can overturn a court’s decision when all necessary requirements have been met.

    You mentioned that parents are being removed from the UK even with a contact order in place. yes, this is true to some cases but where there is a joint custody order, it would be tough as the Home office would have to weigh the welfare of the child and the secretary of state in one hand. It is tougher to fight such case in the UK as it is likely to fail if there is an immigration rule for that category in place. In cases like that article 8 arguement wouldn’t normally succeed as with a spouse visa, the parent can seek entry clearance to return in the normal way.

    Personally, I think it’s a stronger case when you have a court order as the home office not adhering to this would not only breach article 8 rights of the echr, it would breach the hague convention as well as custody rights under European convention also.

    Maybe i’m just pulling wool over my own eyes though. I’m trying to see a way out of this mess.

  15. Hello Freemovement,

    I couldnt find your name, I have personal query and would need you to assist me, I am not sure, if you are a solicitor but I need someone to represent me in future. Can you or can you suggest me anyone.

    Your reply is eagerly awaited.

  16. Hi Samson. I do this anonymously at the moment, although that may change, which is why there is no name. I have posted some advice about finding a good legal rep in my ‘advice’ page, though.

    I’m sorry that I can’t help you directly.

  17. Twin, it would not be a breach of the order: that would amount to contempt of court. If someone has ‘significantly contrived to frustrate immigration laws’ in the past (I rely on the ordinary meaning of the words rather than whatever spin the Home Office end up using), there is a strong public interest argument against their readmittance. That sort of behaviour cannot be permitted and easily forgiven if the system of immigration control is to be maintained, the Home Office say and the courts agree.

    A court will have to balance that against the effect of exclusion on the individual concerned and the other affected parties, particularly the child. The AIT is really rubbish taking into account the effect of immigration decisions on others (I’ve just written an article about this for an immigration journal, in fact) for all sorts of reasons, so it is far from simple to predict what the outcome of such a scenario would be.

    I would certainly caution against assuming that the ‘contriving to frustrate’ rule will not be applied in family unity cases, as that is in fact its specific purpose and the courts give a certain amount of deference to the view of elected politicians.

  18. gosh you guys are scaring me!!
    i am here on a work permit…all legal and by the rules but was considering resigning my position and returning to the US and leaving my 17 year old son here to finish school.

    it was pointed out to me that while it is unlikely his school would check up on my son, he is returning to the US for summer holidays and “could” have trouble returning.

    my feeling is the home office knows everything, they know more about you than you know about yourself!!! while you are standing there searching your brain for names and dates they are looking at a computer screen with ALL your details clearly there!!!!

    i have made a very difficult decision to withdraw my resignation, stay three more months and pay £950 for ILR..one step closer to telling the home office to PISS OFF!!!!!
    BTW i am a critical care nurse working(slaving) for the NHS for (5!) FIVE(!!!!)fucking years!!!!!

  19. well, if you agree that it would be contempt of court, then you must agree that in that occurence, the other parent would be breaching the court order as he/she would not be able to exercise their rights as set out by the court.

    In that case, the UK would have breached all three conventions, infact 4 with the childrens convention.

    Well, in a case where the home office have recommended one of the parents for exclusion, it would be tough as I understand that they must have committed a serious offence but breaching immigration rule and returning home to tow the line is to me not a significant frustration of the immigration rule.

    You might want to check Ukvisas guideline by the way, it’s been updated and there is more explanation about the “significantly contrived” clause.

    Frankly, I think Liam Byrne is a total prick! He has everything all muddled up now!

  20. Let’s hope he never works for Virgin’s hot air -baloon division then ;-)

    I think FM mentioned something about adequate remedies and judical review. Maybe that’s the solution……?

    The sad reality is that having looked at some recent promulgations from AIT they recently considered a case where someone claiming asylum had to wait nearly 9 years to have their case decided (despite constand prodding of the HO); and yes even then the HO STILL (!) reckoned there was no element of family life worth batting an eyelid about.


    Now I am become jobsworth, the destroyer of common sense.

  21. ref mr byrne’s contributions i can only think of the phrases ‘shutting the stable door after the horse has bolted’ (trying) and ‘knee jerk reactions’.The same old heavy handed ‘you will do as i say’ attitude that’s typical of his party.Wonder if the tory man will do anything differently when he takes the reins?…imminently

  22. hello free movement,

    I have query and really need help, while on student visa ,I had applied for HSMP and out of stupidy my lawyer submitted fake document regardign slary and employment, i knew about it but never kenw the extend of what he did, how he did, my application was send for verification but i did not get any reply. i finally managed to withdraw my application. I continued with my course and now eligible for IGS ….i was never illegal and i ma scared i might be banned for 10 years when i go for IGS EC, is it true, if I return to home country and reapply before 1st oct, there would be no automtaic ban. My husband is currently in Uk as a dependent and working and is qualified under HSMP…what can i do. can he apply for hsmp from india and can i come as his dependent. please advice…i need a good lawyer…please dunt judge me, i have judging myself for a long time now. any help very much appreciated.

  23. I’m sorry, but this is not a place where I can give free specific legal advice. You need a good immigration lawyer and there is some advice on finding one on the ‘Advice’ page.

  24. Twin, I was trying to say that it would not be contempt of court. It is very well established, I’m afraid, that family law does not automatically trump immigration control requirements. It is a factor to be considered in many immigration contexts, but it does not by any stretch of the imagination mean the case will succeed.

    I find Liam Byrne quite interesting. He seems to be trying to bring some cold, hard logic to bear, but is ignoring reality in doing so. He seems to live in some sort of ideal world, untroubled by pesky human factors or failings.

  25. hi,
    i need an advice on what to do. i was in uk 1999, got married 2003 been an overstayer for nearly a year had not had chance to apply at home office as passport was hold hostage by my ex; finally given it to me wheni got married in 2003 then did not manage to apply leave to remain until 2004 as there were very complicated family problems involving my husbands first marriage, there was an issuance of removal as i was an overstayer and that my marriage was not two years then, it was only 18 months, but was not implemented as my solicitor then applied leave to remain. Application was refused on August 2006, i did not receive determination until September 2007. Had to seek assistance from my MP which was helpful as it fasttrack to the AIT but still was refused. I left voluntarily at our expense to my country of origin.
    Now applied for visa, but now they refuse settlement visa (12 May 2008) because of the new legislation. With the help of MP, they are now reviewing my case due to the new legislation not implemented until 1 October 1998, thanks to your website got the information. Though i am still worried that they will refuse my settlement visa as i have overstayed for a long time. Please email me for legal advice i can get on this matter. this is very unfair, we have children and one of them will be starting school.

  26. Sorry, Jessie, no specific legal advice. I’m glad that this website was useful to you, though.

  27. hi thank you for your reply. sorry due to desperate moment did not manage to read your info about legal advice. nevertheless, thank you for your website. i got a very good argument with my application. thanks to the letter of MP Liam Bryne to ILPA – i now can argue that i am included with the concession. am very grateful and keep up the good work.

  28. all these new laws are ridiculous, i understand that the home offe are doing there job however they do not realise how many familes they are affecting. I have heard of many stories whereby men or women go to India and get married to young boys and girls to get them in this country and then get them married off to other people. where all humans at the end of the day who have feelings just like everyone else. My mrriage is a genuine marriage to my husband and the home office still refused my hubby by saying he is affected with this new law… However, if this 320 law doesnt exist, why are those who are innocent get affected????? please advise..

  29. Hi, I know this may sound like a silly question but all of us who have been suffering being away from our partners, do we get any kind of compensation, ie; all the money that i and my partner have spent calling eachother whilst we have been seperated??? So much money has been spent on our case that we now are limiting our time talking with one another. I mean it is so unfair as i am the only one working at the moment…. these people have ruined out life….

  30. i left uk march 7 so im not in. contrive to frustrate? 6 applications to remain all refused. went to court citing human right, appeal not allowed . applied to b. embassy manila , march 18
    no answer yet. visa sec says there is already a result last end of may, then they said double checked end of june. so what is article 8 for? to separate families or to unite?is it to disrespect human rights then ignore it? eco guidance says taking into account family life in the uk. that would clearly say to any eco in the world to grant all spouses to join their husbands or wives.

  31. I am just student.They refuse my visa on rule 320 7b .I applied before five months ago and said Your uncle is not your sponser then i make my father sponser for the second time and the refuse my visa agian automatically under law 3207b.and ten year band i dont know what to do.give me a peace full advise .take care bye .

  32. Hi freemovement Ide appreciate if you could email me back, lMe and my Husband got married in 2004, whilst i was pregnant with his son, we applied to the Home Office the same year, to which we have waited four years, I have sent many letters, and doctors notes As i have two mentally Ill parents and suffer from severe depression and panic attacks when under stress, therefore my Husbands situation was rather hard for me, I sent many a letter to the Home Office with no reply, I rang and was told they were unable to find the correspondence yet I had sent all via recorded delivery? great!
    I later fell pregnant with our second child yet due to the stress of everything, and the fact I take Prozac to cure my panic attacks I lost my child, I explained this to The Home Office NO REPLY
    WE LATER complained to the North West Complaints Unit regarding such slack response to my Letters Regarding my health, to which we were apologised to and told they would reach a decision, they requested us send in bills etc and means of compassionate evidence we did this photos letters not all bills were joint but they were in my husbands and my name at the same address, we also have phone bills as proof of our communication, photos of him and my son over the years, who might i add is now 4.
    On July 24th they said we had not provided enough joint letters, which may i add we sent a Police crime number as we had a box of personal documents in the boot that was stolen i mentioned this in my letter to them and apologised for lack of letters and he had overstayed, NO MENTION of my medical circumstances, but very peculisar they did mention My husband had a son born in Pakistan ??? Our son was born in SE London they also mentionedmy son has spent some time living in Pakistan? Absoloutly untrue My point Is if they had looked at this case thoroughlly how did they manage to come to that conclusion, My son has UK Passport and birth certificate, therefore my case has been carelessly assessed, as they had my childs documentation does this not show they have not shown care in my case??
    What do you suggest.
    My husband is from Jamaica I am from England as is my son!
    We married May 2004, live together are very much in Love.
    and I am mortified Thanks I have put email address plse mail me back

  33. I really wish if someone can response to me about my case. I have successfully obtained a hsmp approval letter from the home office but the bad news came when i have been refused entry clearance. I am totally shattered.

    They stated 2 points which one of it is a total bollocks – overstaying and breaching my conditions of stay in the UK.

    First of all the most troubling one is the breach of conditions. I was in the UK under the working holiday maker visa, although entitled to 12 months of work, i however overworked by 6 months unintentionally as i really wanted to stay with my bf in london. Also i have been actively applying for work permits and HSMP (allowing the switch) before my 12 months was up and most of the time during the 6 months of breach, i am waiting for news from the home office. I have been paying taxes and contributing postively to the UK economy and yet this happens. I was hopeful to be able to switch to HSMP before the Tier 1 kicks in and was constantly confused by the home office’s new rules and regulations. What should i do now? I am devasted so is my bf.

    They also wrongly accused me of overstaying which i didn’t. I wonder if i have good grounds to appeal and being overturned by the decision? I am also banned from doing any applications for 1 year.

    Someone please help. I am desperate!

  34. Joey, a person who has been refused has nothing to lose by appealing. However, if the deadline expires, it is VERY difficult to get the appeal reinstated. If unsure or having difficulty getting legal advice, lodge the appeal yourself then get advice afterwards.

    Lawyers in the UK can act for a client who lives abroad. The only problems are logistical ones about getting in touch and sending payment. See the advice page for hints on finding a lawyer.

  35. Hi freemovement.Am assuming that,in the case of a lapsed appeal deadline,the only solution would be to apply again for the visa and appeal the second refusal?Assuming they won’t allow an out of time appeal initially.If this is true i would be interested to know just how many refusals one can have.Is there a cut off point at which one has no chance of a visa,due to the number of refusals? Ie do six previous denials prejudice the appeal hearing more than say two?Or are they irrelevant? Certainly wouldn’t look good in the passport at least!

  36. Andy, there is a rule that allows late appeals to be lodged, but there has to be a very good reason. Not finding a lawyer in time amounts to do-eats-homework as far as judges are concerned. Being run over by a bus on the way to post it, and having witness statements from passers-by that said it wasn’t your fault you got run over, an apology note from the bus driver addressed to the judge and a medical certificate explaining why you were unable to reach the postbox after the event in quesion might just do it.

    1. Freemovement,

      If you’ve decided not to appeal against a refusal under 320/7b (either because missed the deadline or can’t afford waiting time until decsion or weak appeal due to factual issues), can you simply apply again for a settlement visa? What will they do with the old refusal and will they accuse you of having a second bite of the apple and claim the first refusal (and its reasons and findings) stands because you didn’t appeal? And how long can entry clearance be denied under a discretionary refusal, say under 320/11? Who makes that determination and when?

      This website is fantastic and much appreciated. Gwen

  37. Morning Freemovement,

    I am aware of an individual who was brought to the UK using another person’s passport at the age of 14 approximately 13 years ago.

    Following various applications, the individuals’ asylum was rejected and various other legal avenues was explored but rejected. An appeal to the AIT was unsuccessful, after which the individual stopped reporting as required by condition of temporary entry.

    Tired of being a second class member of the society the individual returned to their home country. Mainly to explore opportunities in their home country after years of educating and gaining professional experience etc. and to regularise their immigration status.

    The main point of question or opinion is that the individual is considering applying using the highly skilled worker (Tier 1 General). How does the no return ban affect this individual, the individual was physical present in the UK after the 17th of March and therefore is it reasonable for the individual to believe they can rely on the concession?

    Secondly, the points based system earning precludes UK earnings during breach of immigration law (very open to overzealous interpretation I might add), how reasonable is it for this individual to expect to challenge this if raised as all their earning could only have happened in the UK mainly because they have spent their entire adult life in the UK, secondly this earnings where within the real economy for which the individual explored lax loopholes in the employment system at the time.
    I hope the scenario is detail and not specific enough to allow for you to air your opinion and whether to encourage this individual to apply using HSW (T1 General). I am hoping to help the individual from the UK is accessing the right information as well as liaising with any future legal representation that might be required if the individual does proceed with their application.

  38. Sorry but I can’t and don’t give advice in individual cases. The terms of the concession are pretty clear and there’s nothing for me to add here, and the term ‘earnings in breach of UK immigration law’ seems fairly self explanatory as well.

  39. I heard that Home Secretary announced any illegal person who leaves the country before 1st October voluntarily, their future applications would not be discriminated upon previous case history. Therefore, I left UK on 27th of July 2008 voluntarily and applied for a student visa which has been rejected. ECO has banned me for 10 years.
    Following is my case history.
    I went to UK 7 years ago (June, 2001) when I was 18 years old, using different name (unfortunately)on a visit visa and applied for asylum after few weeks. My asylum application was rejected within 6 months. I exercised all rights of appeals for asylum application but they all were dismissed. I got married to a British citizen before my last appeal was rejected in July 2003 and handed in a spouse application in Aug 2003. My application was rejected in Feb 2005 due to invalid entry clearance. I then did not exercise my right of appeal for spouse visa because my marriage was over. My dad has passed away, my mum and all sisters with their families are in UK, and I have only one married sister in Pakistan. However, my human rights appeal based upon family life in UK was rejected as well.
    Afterwards, I received IS96 in Oct 2007 and have been signing at Eaton house on monthly bases. I have been studying throughout my stay within UK and obtained two degrees BSc Hons and MBA. I was not aware that I am not allowed to study as well. I never was involved in any criminal offence during my stay within UK. Before leaving the UK Home office at Eaton house has served me IS151D and I was not aware at that time how serious it is and what does it mean. Now ECO has banned me for 10 years by stating that my all applications would be automatically rejected till 2018 due to immigration act 320(7B). Moreover, he stated I was removed from UK whereas I came back voluntarily and at my own expenses there was nothing like enforcement removal.
    Please in light of these circumstances advise me what can happen to my spouse application in future. I am extremely stressed now and surprised what is going on. My fiancé is in UK, we are getting married next year and I would apply for a spouse visa next year once his English divorce would be processed.
    Here are few questions I want to ask.
    1. Please tell me in the light of my history that is this 10 years bane for spouse application as well or not?
    2. I know spouse applications are exempt from 320(7B) however, I am not sure whether my spouse application can be rejected under the new immigration rule 320(11) or not. Because I have been previously overstayed, breached a condition attached to my leave, been an Illegal Entrant and used Deception in an application for entry clearance.
    3. What is meant by ‘contrived in a significant way to frustrate the intentions of immigration Rules’ in rule 320(11), would I be considered as contriving to frustrate the immigration rules?
    4. I was not allowed to hand-in any application till a year even if it was a volunteer departure under new act 320(7B) therefore, I cannot appeal against ECO’s decision of refusal of student visa however, please tell me can I appeal in any court just against misunderstanding of home office that I was removed or shall I wait till I hand-in my spouse application.

  40. Sorry, Dua, but this isn’t a place to get free legal advice. Quite a lot of the information you seek can be found on the blog or by following links from the blog, though. Check out the ‘advice’ page.

  41. Am a British Citizen and my wife was refused entry in 2006 because she was pregnant and had a visitor’s visa. They allowed her to deliver the British baby in the UK and we all returned to Nigeria. They requested that she goes back to Nigeria and get a spouse visa, but we decided to stay in Nigeria and were comfortable. We intend to visit UK in March 2009. Would she be allowed entry with another visitor’s visa, since the eariler one was cancelled?. Does the waiver on automatic re-entry cover wife’s on vistors visa?

    1. I’m afraid this query is far too specific for me to be able to answer, for reasons I’ve explained elsewhere on the website. I believe the Immigration Advisory Service now have some sort of associated office in Nigeria, you could approach them.

  42. Hi
    my wife recently applied for dependent HSMP and her visa got rejected on the grounds of producing false photograph. Actually the photo was taken at the studio by myself and wife and we had submitted this along with the marraige certificate. She applied second time with the marriage certificate and complete photo album of our marriage, but this time again they refused stating that any future applications in this case would be rejected. The other reason metioned was that in the applicaion form – against the question “how long do you wish to stay in UK”. My wife had writtern permanenetly. They have rejected that this is not right as she could stay only till her spouse visa is valid. Could anyone please advice what to do now? can we re-apply?

    1. You need legal advice from a good lawyer. See the relevant pages of the blog.

    2. Girish, i’m in a similar situation as yours but slightly more complicated. My wife is looking at a 10 year ban until 2019, unless our appeal goes through successfully. Can you please let us know what was the final outcome of your saga? Did you appeal?


    3. Ganesh, Girish ,same case with me, My wife has been baned for 10 yrs yesterday only.. I m look for a good lawyer to make an appeal. let me know how your appeal goes.

  43. i am looking for some guidance on rule 320 (11) of the immgration rules. and what is meant by ‘conrived in a significant way’

    am also looking for some good case law to support that it is lawful for an a person who had previously overstated to be granted a visa now on Para 281

    1. The Entry Clearance Guidance on the UKBA visas website is the only source of any guidance at all on what this means but last time I checked the relevant chapter had been taken down for amendments. There isn’t any case law on tihs of which I’m aware.

  44. Hi there. What do you think the chances are of 320 7a & 7b being looked into and possibly repealed by the new government?

    Also, do Ambassador’s still have the “right of discretion”?

    Thank you very much for all the hard work you put into this excellent blog/resource.


    1. Pretty much zero – I think the new lot will love that sort of thing, I can’t imagine they would want to get rid of it. There is a discretion to admit outside the immigration rules, but it isn’t likely to be exercised by an ambassador, only a lowly ECO on advice from UKBA HQ.

      Thanks for your thanks. It would be VERY easy to give this up, I have to say!