#13643 - Immigration Status - Immigration

***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

1. sought for purpose not covered by Immigration Rules

2. applicant subject to deportation order or has relevant conviction

3. failed to produce valid national passport or failed to establish identity

(Only this one applies to partners entering under Appendix FM)

4. SoS (Secretary of State) personally directed exclusion of person from UK is conducive to public good

5. Medical inspection confirmed on medical grounds that person is undesirable and ECO (Entry Clearance Officer) satisfied that no compassionate, strong reasons justifying

6. 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]

7. 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.

8. 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)

Cases where overstayed, less than 90 days, left voluntarily at own expense – no ban!

Above applies to ‘leave to enter’ as well

Entry clearance and leave to enter

1. Failure to supply any information, documents, copy of documents or medical report that has or have been formally requested

2. Where applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

1. Overstaying or

2. Breaching a condition attached to his leave or

3. Being an illegal entrant or

4. Using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from SoS or 3^rd 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)

3. Refusal by sponsor to give undertaking in writing for maintenance and accommodation for period of leave granted

4. Refusal to undergo medical examination where required

5. Relevant criminal convictions – Appendix 8

6. 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.

7. 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 1000.

Everyone on arrival to produce passport or other document establishing his nationality and identity.

Para. 2(1) Sch 2 IA 1971, Immigration Officer to determine:

1. He is or not a British Citizen; and if not

2. If he may or may not enter the UK without leave, and if not

3. If he has been given leave which is still in force, or should be given leave and for what period or on what conditions (if any), or should be refused leave.

Document required:

• A UK passport for B/C

• A certificate of entitlement issued by UK Government, evidence of R.o.A by C/W citizen

• Entry clearance in form of visa or entry certificate

• Non UK passport or identity card

IO is satisfied on three instances:

1. False representations were made or false documents were submitted, material facts not disclosed (irrespective of knowledge or not)

2. A change of circumstances since it was issued has removed basis of holder’s claim to admission – PARA. 296 – 316

3. Refusal justified on grounds of restricted return ability, on medical grounds, criminal record, subject to deportation order, exclusion would be conducive to public good

PARA. 321A – leave to enter already in force can be cancelled:

1. There has been change in circumstances of that person since leave granted

2. False representations and false documents, or material facts not disclosed

3. Medical grounds, undesirable

4. Conducive to public good

If decision on leave can’t be taken quickly, can be granted temporary admission (Notice of Temporary Admission, Form IS96) – tells applicant that he is liable to detention but may physically enter without leave to enter. May be directed to reside at particular place, asked to report back to IO at specified time, can’t work.

Application should be made before expiry of time limit on leave because overstaying is a criminal offence and could mean refusal

When person applies for variation to leave before leave expires, but then leave expires before decision taken, leave is automatically extended to the point at which appropriate period for appearing a refusal expires.

Many cases, entrant can apply for variation by switching from one category to another

Following will make application invalid:

1. Failing to use the specified form

2. Failing to pay the specified fee, or paying in manner not specified in form and/or guidance notes

3. Failing to complete in full those parts of the specified form marked as mandatory.

4. Failing to provide biographical or biometric information as required

5. Failing to provide any photographs or documents specified as mandatory

6. Failing to sign the form as required unless exceptional circumstance where applicant unable to sign form or provide photographs due to serious illness or accident

7. Failing to deliver the form in the manner stated on it.

Important for HO to receive form before current leave expires.

Grounds under PARA 322

Application for further leave to remain after applicant’s previous period of leave has expired by more than 28 days will be refused.

Concessions to this rule:

1. Applicant applies before leave expires, but application rejected as invalid after leave expires. 28 day window starts from rejected application rather than expiry of leave

2. HO caseworkers have discretion to consider exceptional cases. Applicants overstayed by more than 28 days with exceptional circumstances preventing there application being submitted on time:

1. Serious illness, supported by medical evidence

2. Travel or postal delays

3. Inability to provide necessary documents. Applies only to exceptional or unavoidable circumstances beyond applicant’s control. Such as, HO fault in losing documents, delay in returning travel documents or loss as a result of flood, fire etc

3. Breach of immigration rules by remaining in UK beyond period of leave to enter or remain will not be a determinative factor when considering applications in the following:

1. The applicant has a dependent child under 18 who is B/C or who has lived in UK for at least 7 years and it would be unreasonable to expect child to leave

2. Applicant has lived in UK for more than 20 years

3. The applicant is seeking leave to remain as a bereaved partner or as victim of domestic abuse.

HO discretionary power to curtail in s.3(3)(a) of IA 1971.

May be used when person failed to comply with certain requirements of the Rules or has lost justification of being here.

HO guidance is that curtailment should not be used unless person has at least 6 months leave outstanding.

PARA. 323 allows curtailment if:

1. False representations or material facts not disclosed in order to obtain leave o enter or variation

2. The person has failed to comply with any conditions attached to his leave

3. The person has failed to maintain and accommodate himself and any dependents without recourse to public funds

4. The person ceases to meet the requirements of the Rules under which that leave was granted

5. The person has, within the 1^st 6 months of being granted leave to enter, committed an offence for which he is...