Chapter 26 Annex 2 Part 10
Chapter 26 Annex 2 Part 10
Wording for refusals: Sections 46-50 [Updated 21 July 2008]
46. Children born in UK who are not British citizens
| 46.1 | Children of polygamous marriages | "... but I am not satisfied your mother is not a party to a polygamous marriage or that she would not be/has not been refused admission or leave to remain for settlement or with a view to settlement for this reason under the Immigration Rules." |
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Paragraph 296 |
| 46.2 | Parents not in UK | "... but I am not satisfied that you are accompanying or seeking to join a parent/parents who has/have is/are been/to he given leave to enter/British citizenship/right of abode in the United Kingdom, or that you are a child in respect of whom the parental rights and duties are vested solely in a local authority." |
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Paragraph 309 |
| 46.3 | Parent(s) in UK without leave - in care of someone else | "... but although your mother/father/ parents is/are in the United Kingdom, he/she/they does/do not have leave to enter or remain and [in view of...] I am not satisfied that there is no other person outside the United Kingdom who could reasonably be expected to care for you. |
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Paragraph 309 |
| 46.4 | Both parents in UK without leave - removal imminent | "... but although your mother/father/ parents is/are in the United Kingdom, he/she/they does/do not have leave to enter or remain and [in view of...] I am not satisfied that it appears unlikely they will be removed in the immediate future." |
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Paragraph 309 |
| 46.5 | Over/under/wrong age | "... but (on evidence of birth date available) I am not satisfied that you are under the age of 18 years." |
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Non-Appealable | Paragraph 309 |
| 46.6 | Parent(s) refused entry clearance | "... but your parent’s/parents application for entry clearance has been refused and consequently I am not satisfied that you are accompanying or seeking to join a parent/parents who has/have/are been/to be given leave to enter/ British Citizenship/right of abode in the United Kingdom, or that you are child in respect of whom the parental rights and duties are vested solely in a local authority." |
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Non-Appealable | Paragraph 309 |
| 46.7 | Not born in UK | "...but I am not satisfied that you were born in the United Kingdom." |
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Paragraph 309 |
| 46.8 | Independent life | "...but I am not satisfied that you are not leading an independent life." |
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Paragraph 309 |
| 46.9 | Married | "...but I am not satisfied that you are not married." |
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Paragraph 309 |
| 46.10 | Independent family unit | "...but I am not satisfied that you have not formed an independent family unit." |
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Paragraph 309 |
| 46.11 | More than 2 years absence | "...but [you last left the United Kingdom on ..] and I am not satisfied that you have not been away from the United Kingdom for more than 2 years. |
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Paragraph 309 |
47. Adopted children: Seeking entry clearance for settlement on entry
There are two categories under the Rules whereby persons may apply for entry clearance as adopted children. The difference in the categories hinges solely on the immigration status of the adoptive parent(s). With exception of the parent(s)’ status, nil the other requirements in both categories are the same.
When quoting the Rules, refusals of children whose adoptive parent(s) are described under Paragraph 310(i) should refer to the appropriate subsection of Paragraph 310 and refusals of children whose adoptive parent is described under Paragraph 314(i) should refer to the appropriate subsection of Paragraph 314.
| 47.1 | Not adopted as claimed | "...but I am not satisfied that you are the adopted child of a person who is present and settled in the United Kingdom, or is to be admitted for settlement" |
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Paragraph 310(i) |
| 47.2 | Adoptive parent(s) not settled | "...but I am not satisfied that your adoptive mother/father parents is/are present and settled in the United Kingdom or is/are to be admitted for settlement." |
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Paragraph 310(i) |
| 47.3 | Parent without limited leave | "...but I am not satisfied that your adoptive parent/s has/have been or is/are to be given limited leave to enter or remain in the United Kingdom with a view to settlement." |
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Paragraph 314(i) |
| 47.4 | Not adopted as claimed | "...but I am not satisfied that you are the adopted child of a person (to be) given limited leave to enter or remain in the United Kingdom with a view to settlement." |
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Paragraph 314(i) |
| 47.5 | Child of polygamous marriage | "but I am not satisfied your mother is not a party to a polygamous marriage or that she would not be/has not been refused admission or leave to remain for settlement or with a view to settlement for this reason under the Immigration Rules." |
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Paragraph 296 |
| 47.6 | Adoptive parent(s) refused entry clearance | "...but your adoptive parent’s/parents application for entry clearance to settle in the United Kingdom has been refused and consequently I am not satisfied that you are the adoptive child of a person who is present and settled in the United Kingdom or is to be admitted for settlement." |
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Non-Appealable | Paragraph 310(i) or 314(i) |
| 47.7 | Not accompanying/joining parent/parents with required status | "but I am not satisfied that you are going to accompany/join adoptive parent(s) who are:(insert appropriate immigration status from those in paragraphs 310(i)(a) to (1) or paragraphs 314(i)(a) to (c). |
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Paragraph 310(i) or 314(i) |
| 47.8 | Parent does not have sole responsibility | "...but I am not satisfied that your adoptive parent has had sole responsibility for your upbringing." |
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Paragraphs 310(i)(e) or 314(i)(b) |
| 47.9 | No serious and compelling reasons | "...but I am not satisfied that there are serious and compelling family or other considerations which make your exclusion from the United Kingdom undesirable." |
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Paragraphs 310(i)(f) or 314(i)(c) |
| 47.10 | Over/under/wrong age | "...but (on the evidence of birth date available) I am not satisfied that you are under the age of 18 years." |
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Non-Appealable | Paragraph 310 and 314 |
| 47.11 | Independent life | "...but I am not satisfied that you are not leading an independent life." |
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Paragraphs 310 and 314 |
| 47.12 | Married | "...but I am not satisfied that you are unmarried." |
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Paragraphs 310 and 314 |
| 47.13 | Independent family unit | "...but I am not satisfied that you have not formed an independent family unit." |
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Paragraphs 310 and 314 |
| 47.14 | Maintenance and accommodation | "...but I am not satisfied that you can and will be maintained and accommodated adequately without recourse to public funds in accommodation which your adoptive mother/father/parents own(s) or occupy/ies exclusively." |
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Paragraphs 310 and 314 |
| 47.15 | Legal adoption | "...but I am not satisfied that you were adopted in accordance with a decision taken by the competent administrative authority or court in your country of origin or the country in which you are resident." |
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Paragraphs 310 and 314 |
| 47.16 | Adoption not recognised in the UK | "...but I am not satisfied that you were adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom." |
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Paragraph 310(v) |
| 47.17 | Not adopted when both adoptive parents resident together | "...but I am not satisfied that you were adopted at a time when both adoptive parents were resident together abroad or at a time when either or both adoptive parents were settled in the United Kingdom." |
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Paragraphs 310 and 314 |
| 47.18 | Same rights/obligations | "...but I am not satisfied that you have the same rights and obligations as any other child of the marriage." |
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Paragraphs 310 and 314 |
| 47.19 | Inability to care for child of original parent/current guardian | "...but I am not satisfied that you were adopted due to the inability of your original parent(s)/current carer(s) to care for you. |
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Paragraphs 310 and 314 |
| 47.20 | Genuine transfer of parental responsibility | "...but I am not satisfied that there has been a genuine transfer of parental responsibility to the adoptive parents." |
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Paragraphs 310 and 314 |
| 47.21 | Lost/broken ties with original family | "...but I am not satisfied that you have lost or broken your ties with your family of origin." |
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Paragraphs 310 and 314 |
| 47.22 | Purpose | "...but I am not satisfied that the adoption is not one of convenience arranged to facilitate your admission to the United Kingdom." |
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Paragraphs 310 and 314 |
48. Parents, grandparents and other dependent relatives of persons present and settled in the UK
| 48.1 | Dependent relative - not a relative who can qualify | "...but as you are his/her [niece/ nephew/cousin] I am not satisfied that you are his/her parent/ grandparent/son/daughter/sister/ brother/uncle/aunt or therefore that you are related in one of the ways required by the Immigration Rules." |
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Paragraph 317(i) |
| 48.2 | Not related as claimed | "...but I am not satisfied that you are the parent/grandparent/ relative of a person who is present and settled in the United Kingdom, or is to be admitted for settlement as you have claimed." |
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Paragraph 317(i)-(ii) |
| 48.3 | Parent/grandparent over 65 - remarried and not supported | "...but you have remarried and without....... I am not satisfied that you cannot look to the spouse and/or children of the second marriage for financial support." |
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Paragraph 317(i)(d) |
| 48.4 | Parent/grandparent over 65 - remarried and sponsor not able and/or willing to support applicant and second marriage dependants | "...but you have remarried and I am not satisfied that your sponsor in the United Kingdom is able and/or willing to maintain you and any spouse of child of the second marriage who would be admissible as a dependent." |
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Paragraph 317(i)(d) |
| 48.5 | Parent/grandparent under 65 - most exceptional compassionate circumstances | "...I am not satisfied that you are living outside the United Kingdom in the most exceptional compassionate circumstances and are mainly dependent financially on relatives settled in the United Kingdom." |
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Paragraph 317 (i)(e) |
| 48.6 | Son / daughter / sister / brother / uncle / aunt over 18 - most exceptional compassionate circumstances | "...but I am not satisfied that you are living alone outside the United Kingdom in the most exceptional compassionate circumstances and are mainly dependent financially on relatives settled in the United Kingdom." |
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Paragraph 317(i)(f) |
49. Mandatory grounds for refusal of entry clearance
| 49.1 | No provision in the Rules | "...but I am not satisfied that entry is being sought for a purpose covered by the Immigration Rules." |
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Non-Appealable | Paragraph 320(1) |
| 49.2 | Subject to a deportation order | "...but you are currently subject to a deportation order signed on ........" |
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Non-Appealable | Paragraph 320(2) |
| 49.3 | No acceptable travel document | "...but you have failed to produce a valid national passport of other document satisfactorily establishing your identity and nationality." |
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Non-Appealable | Paragraph 320(3) |
| 49.4 | Unacceptable elsewhere in Common Travel Area | "...but you intend to enter the: Channel Islands/Isle of Man/ Republic of Ireland] and [in view of ...] I am not satisfied that you are acceptable to the immigration authorities there." |
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Non-Appealable | Paragraph 320(4) |
| 49.5 | Conducive exclusion | "...but the Secretary of State has personally directed that your exclusion from the United Kingdom is conducive to the public good." |
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Non-Appealable | Paragraph 320(6) |
| 49.6 | Medical | "...but I have received confirmation from the Medical Referee that it is undesirable to admit you to the United Kingdom for medical reasons and I am not satisfied that there are strong compassionate reasons justifying your admission." |
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Non-Appealable | Paragraph 320(7) |
| 49.7 |
False representations/documents
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In your application, (you/name of other person) said [false statement], OR (you/name of other person) submitted [the documents that are false]. I am satisfied that the [statement/documents] [were/was] false because [reasons]. |
| Appeal rights depend on category of application | Paragraph 320(7A) | |
| Failure to disclose material fact | In your application, [you or another person] failed to disclose the following facts [state facts]. I am satisfied that these facts were material to the application because [state reasons]. |
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| Appeal rights depend on category of application | Paragraph 320(7A) | |
| 49.8 | 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]. | |
| Breach of UK immigration laws | You have [been in the UK illegally, breached your conditions of stay, overstayed/used deception in an application for leave to enter or remain] and [left the UK voluntarily at own/public expense on...][ was removed/deported from UK on......]. 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 [1, 5 or 10 years after the applicant left the UK] |
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Paragraph 320(7B)
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50. Discretionary grounds for refusal of entry clearance
| 50.1 | Failure to furnish information | "...but in view of ... I am not satisfied that you have not failed to furnish suitable information for the purpose of deciding whether you require leave to enter the United Kingdom or, if you do, whether or on what terms leave should be given, and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(8) |
| 50.2 | Passport/travel document issued by authority not recognised by UK Government | "...but I am not satisfied you have not produced a national passport/travel document issued by a/an territorial entity/authority which is not recognised as a State/dealt with as a government by Her Majesty’s Government/does not accept valid United Kingdom passports for the purpose of its own immigration control/which does not comply with international passport practice and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(10) |
| 50.3 | Contrived in a significant way to frustrate the rules |
"Records held in the UK/You have admitted that you..............I am satisfied that this conduct is consistent with that described in Entry Clearance Guidance chapter 26.18 (found at http://www.ukvisas.gov.uk/en/ecg/chapter26/#point eighteen) as having contrived in a significant way to frustrate the intentions of the immigration rules because… Your application is therefore one that, according to paragraph 320(11) of the Immigration Rules, should normally be refused. I have considered the circumstances of your application (explain what applicant is coming to do, any claimed HR issues, exceptional circs). However, on balance I am not satisfied that your particular circumstances are of a sufficiently compelling nature to justify my granting your application, having regard to the fact that it should normally be refused. |
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Appeal rights depend on category of application | Paragraph 320(11) |
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Appeal rights depend on category of application | Paragraph 320(12) |
| 50.5 | Restricted returnability | "...but I am not satisfied that you will be admitted to another country after your proposed stay in the United Kingdom and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(13) |
| 50.6 | Refusal of sponsor to give written undertaking | "... but (........(name of sponsor)) has been requested to give a written undertaking to be responsible for your maintenance and accommodation for the period of your proposed stay in the United Kingdom but has refused to do so and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(14) |
| 50.7 | False representations/material facts not disclosed to obtain work permit | "...but you [made false representations/ failed to disclose a material fact] for the purpose of obtaining your work permit and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(15) |
| 50.8 | No written consent for child under 18 | "...but you are under the age of 18 years and although you have been asked to provide written consent to the application from your parent(s) or legal guardian, you have not done so and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(16) |
| 50.9 | Refusal to undergo medical examination | "...but you have refused to undergo a medical examination by the Medical Inspector and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(17) |
| 50.10 | Criminal record | "records held in the United Kingdom indicate that you have been convicted of at least one criminal offence that could have carried a custodial sentence of more than 12 months [if that offence had occurred in the United Kingdom]. According to those records, that conviction is not spent... I have also considered the compassionate circumstances of your application [the refusal notice must reflect that consideration has been given to the proportionality of the decision and impact of human rights and compassionate considerations]. However, I am not satisfied that they are of a sufficiently compelling nature for me to exercise the powers of discretion granted to me by paragraph 320(18) of the Immigration Rules". |
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Appeal rights depend on category of application | Paragraph 320(18) |
| 50.11 | Exclusion conducive to public good | [The ECO must not make reference to the details of the caution, reprimand, final warning or arrest in the refusal notice] "records held in the United Kingdom indicate that you have been arrested/cautioned in connection with an/x offence(s) and that those cautions remain on police records. I am therefore satisfied that your exclusion to the United Kingdom is conducive to the public good....". [320(19) may extend beyond criminality, in which case the refusal notice must make reference to the reason as to why the applicant is being refused]. I have considered the circumstances of you application [the refusal notice must reflect that consideration has been given to the proportionality of the decision and impact of human rights and compassionate considerations]. However, on balance I am I am not satisfied that they are of a sufficiently compelling nature to override my belief that your exclusion to the United Kingdom is conducive to the public good...." for me to exercise the powers of discretion granted to me by paragraph 320(19) of the Immigration Rules. or "but in the light of your character/conduct/associations I consider it undesirable to issue you an entry clearance and I am not prepared to exercise discretion in your favour." |
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Appeal rights depend on category of application | Paragraph 320(19) |
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