Chapter 26 Annex Part 6

Chapter 26 Annex 2 Part 6

Wording for refusals: Sections 26-30

26. UK Ancestry

26.1 Non-commonwealth citizen "...but you are a national of ... and consequently I am not satisfied that you are a Commonwealth citizen."

Non-Appealable Paragraph 186(i)
26.2 Over/under/wrong age "...but as you were born on ....... I am not satisfied that you are aged 17 years or over."

Non-Appealable Paragraph 186(ii)
26.3 No proof of grandparents birth in United Kingdom "...but I am not satisfied that you are able to provide proof that one of your grandparents was born in the United Kingdom and Islands."


Paragraph 186(iii)
26.4 Ability to work "...but I am not satisfied that you are able to work."


Paragraph 186(iv)
26.5 Intention to work "...but I am not satisfied that you intend to take or seek employment in the United Kingdom."


Paragraph 186(iv)
26.6 Maintenance and accommodation "...but in view of ........ I am not satisfied that you can maintain and accommodate yourself (and dependants) adequately without recourse to public funds."


Paragraph 186(v)


27. Spouses of Work Permit holders / Representatives of overseas newspapers, news agencies and broadcasting organisations / Sole representatives / Private servants in diplomatic households / Overseas government employees / Ministers of religion / Missionaries / Members of religious orders / Airport based operational ground staff of overseas owned airlines / Persons admitted on grounds of UK ancestry

27.1 Not related as claimed "...but I am not satisfied that you are married to a person [to be] admitted/ allowed to remain in the United Kingdom [as a/ an/ on the grounds of] work permit holder/representative of an overseas newspaper/........etc."


Paragraph 194(i)
27.2 Spouse refused entry clearance "...but your spouse’s application for entry clearance in that capacity has been refused and consequently I am not satisfied that you are married to a person [to be] admitted/ allowed to remain inn the United Kingdom [as a/ an/ on the grounds of] work permit holder/ representative of an overseas newspaper/............etc."

Non-Appealable Paragraph 194
27.3 Spouse not in UK or not in appropriate category within UK "...but I am not satisfied that you are married to a person admitted/ allowed to remain in the United Kingdom [as a/ an/ on the grounds of] work permit holder/representative of an overseas newspaper/........etc."


Paragraph 194(ii)
27.4 Intention to live as husband and wife "...but I am not satisfied that you and your spouse intend to live with each other as husband and wife during your stay."


Paragraph 194(ii)
27.5 Marriage not subsisting "...but I am not satisfied that the marriage is subsisting."


Paragraph 194(ii)
27.6 Accommodation "...but I am not satisfied that there will be adequate accommodation for you and your spouse (and any dependants) without recourse to public funds in accommodation of your own or which you occupy exclusively."


Paragraph 194(iv)
27.7 Maintenance "...but I am not satisfied that you and your spouse will be able to maintain yourselves (and any dependants) adequately without recourse to public funds."


Paragraph 194(iv)
27.7a Maintenance - only applies to Tier 1 (General) dependants "...but your partner entered the UK on [date] and has therefore been present in the UK for [x] months. Appendix E of HC 395 specifies a set level of funds that must be met in order for a visa to be issued. In your case this is £1,600 (less than 12 months' residency) or £533 (more than 12 months' residency) [delete as appropriate]."
27.8 Intention to leave "...but I am not satisfied that you do not intend to stay in the United Kingdom beyond any period of leave granted to your spouse."


Paragraph 194(v)


28. Children of Work Permit holders/ Representatives of overseas newspapers, news agencies and broadcasting organisations / Sole representatives / Private servants in diplomatic households / Overseas government employees / Ministers of religion / Members of religious orders / Airport based operational ground staff of overseas owned airlines / Persons admitted on grounds of UK ancestry

28.1 Not related as claimed "...but I am not satisfied that you are the child of a parent [to be] admitted/allowed to remain in the United Kingdom [as a/an/ on the grounds of] work permit holder/representative of a overseas newspaper........ etc."


Paragraph 197(i)
28.2 Parent refused entry clearance "...but you mother/father’s application for entry clearance in that capacity has been refused and consequently I am not satisfied that you are the child of a parent [to be] admitted/ allowed to remain in the United Kingdom [as a/an/on the grounds of] work permit holder/ representative of overseas newspaper/............ etc."

Non-Appealable Paragraph 197(i)
28.3 Parent not in UK or not in appropriate category within UK "...but I am not satisfied that you are a child of a parent admitted/ allowed to remain i the United Kingdom [as a/an/on the ground of] work permit holder/ representative of an overseas newspaper ............etc."


Paragraph 197 (i)
28.4 Over/under/wrong age "...but (on evidence of date of birth available) I am not satisfied that you are under the age of 18."

Non-Appealable Paragraph 197(ii)
28.5 Married "...but I am not satisfied that you are unmarried."


Paragraph 197(iii)
28.6 Independent family unit "...but I am not satisfied that you have not formed an independent family unit."


Paragraph 197(iii)
28.7 Independent life "...but I am not satisfied that you are not leading an independent life."


Paragraph 197(iii)
28.8 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 parent(s) own(s)/occupy(ies) exclusively."


Paragraph 197(iv)
28.8a Maintenance - only applies to Tier 1 (General) dependants "...but your parent entered the UK on [date] and has therefore been present in the UK for [x] months. Appendix E of HC 395 specifies a set level of funds that must be met in order for a visa to be issued. In your case this is £1,600 (less than 12 months' residency) or £533 (more than 12 months' residency) [delete as appropriate]."
28.9 Intention to leave "...but I am not satisfied that you will not stay in the United Kingdom beyond any period of leave granted to your parents."


Paragraph 197(v)
28.10 Not accompanying both parents "...but I am not satisfied that both your parents are being/ have been admitted/ allowed to remain in the United kingdom, or that the parent you are about to accompany is your sole surviving parent or has had sole responsibility for your upbringing, or that there are serious and compelling family in other considerations which make your exclusion from the United Kingdom undesirable."


Paragraph 197(vi)


29. Persons seeking entry clearance for business or self-employment as investors, writers, composers or artists. Persons intending to establish themselves in business.

29.1 Existing business - failure to produce written statement "...but you are intending to take-over/join as a partner/ director an existing business and I am not satisfied that you have not failed to produce a written statement of the terms on which you are to take/join the business."


Paragraph 201(i)
29.2 Existing business - failure to produce audited accounts "...but you are intending to take-over/ join as a partner/ director an existing business and I am not satisfied that you have not failed to produce audited accounts for the previous years."


Paragraph 201(i)
29.3 Existing business - failure to produce evidence of new employment "...but you are intending to take-over/ join as a partner/ director an existing business and I am not satisfied that you have not failed to produce evidence that your services and investment will result in a net increase in the employment provided by the business to persons settled in the United Kingdom to the extent of creating at least 2 new full-time jobs."


Paragraph 201(i)
29.4 New business - insufficient funds "...but you are intending to establish a new business and I am not satisfied that you have produced evidence that you will be taking sufficient funds of your own to establish a business."


Paragraph 202(i)
29.5 New business - failure to produce evidence of new employment "...but you are intending to establish a new business and I am not satisfied that you have produced evidence that the business will create full-time employment for at least 2 persons already settled in the United Kingdom."


Paragraph 201(i)
29.6 Insufficient money/not own money "...but I am not satisfied that you have at least £200,000 of your own money under your control and disposable in the United Kingdom which is held in your own name and not by a trust or other investment vehicle, which you will be investing in the business in the United Kingdom."


Paragraph 201(ii)
29.7 Maintenance and accommodation "...but although you have £..... of your own money to invest in the business, in view of .......... I am nor satisfied that you will have sufficient funds to accommodate yourself and any dependants without recourse to employment (other than your work for the business) or to public funds until your business provides you with an income."


Paragraph 201(iii)
29.8 Full-time involvement "...but I am not satisfied that you will be actively involved full-time in trading or providing services, on your own account or partnership, or in the promotion and management of the company as a director."


Paragraph 201(iv)
29.9 Proportional investment/ interest "...but I am not satisfied that your level of investment will be proportional to your interest in the business."


Paragraph 201(v)
29.10 Disguised employment "...but I am not satisfied that you will have either a controlling or equal interest in the business or that the partnership/ directorship does not amount to disguised employment."


Paragraph 201(vi)
29.11 Liabilities "...but I am not satisfied that you will be able to bear your share of liabilities."


Paragraph 201(vii)
29.12 Genuine need for investment/services "...but I am not satisfied that there is a genuine need for your investment and services in the United Kingdom."


Paragraph 201(viii)
29.13 Maintenance and accommodation "...but I am not satisfied that your share of the profits will be sufficient to maintain and accommodate yourself (and any dependants) without recourse to employment (other than your work for the business) or to public fund."


Paragraph 201(ix)
29.14 Other employment "...I am not satisfied that you do not intend to supplement your business activities by taking of seeking employment in the United Kingdom other that your work for the business."


Paragraph 201(x)


30. Person intending to establish themselves in business under provisions of EC Association agreements

30.1 To control country - ineligible nationality "...but you are a national of ........ and consequently I am not satisfied that you are also a national of ................................."

Non-Appealable Paragraph 212(i)
30.2 To control company - controlling interest "...but I am not satisfied that you have not failed to show that you will have a controlling interest in the company."


Paragraph 212(i)
30.3 To control company - active controlling interest "...but I am not satisfied that controlling interest you have not failed to show that you will be actively involved in the promotion and management of the company."


Paragraph 212(i)
30.4 To control company - not registered in the UK "...but I am not satisfied that you will have shown the company will be registered in the United Kingdom."


Paragraph 212(i)
30.5 To control company - not trading/providing services in UK "...but I am not satisfied that you have shown that the company will be trading or providing services in the United Kingdom."


Paragraph 212(i)
30.6 To control company - owner of assets "...but I am not satisfied that your have shown the company will own the assets of the business."


Paragraph 212(i)
30.7 To control existing company - failure to show written statement "...but you are intending to take over an existing company and I am not satisfied that you have shown a written statement of the terms on which you are to take over the business."


Paragraph 212(i)
30.8 To control existing company - failure to show audited accounts "...but you are intending to take over an existing company and I am not satisfied that you have shown audited accounts for the business for the previous year."


Paragraph 212(i)
30.9 Self-employment/ partnership - ineligible nationality "...but you are a national of ...... and consequently I am not satisfied that you are also a national of ............"

Non-Appealable Paragraph 212(i)
30.10 Self employment/partnership - active involvement "...but I am not satisfied that you have shown that you will be actively involved in trading or providing services [on your own account/in partnership] in the United Kingdom."


Paragraph 212(i)
30.11 Self-employment/partnership - owner of assets "...but I am not satisfied that you will have shown that you [together with your partner(s)] will be the owners of the assets of the business."


Paragraph 212(i)
30.12 Partnership - disguised employment "...but I am not satisfied that your part in the business will not amount to disguised employment."


Paragraph 212(i)
30.13 Self-employment/partnership - existing business - failure to show written statement "...but you are intending to take over/join an existing business I am not satisfied that you have shown a written settlement of terms on which you are to take over/join the business."


Paragraph 212(i)
30.14 Self-employment/partnership - existing business - failure to show audited accounts "...but you are intending to take over/ join an existing business and business I am not satisfied that you have shown a written statement of the terms on which you are to take over/join the business."


Paragraph 212(i)
30.15 Not own money "...but I am not satisfied that the money you intend putting into the business is under control."


Paragraph 212(i)
30.16 Insufficient money "..but I am not satisfied that the money you intend putting into the business is sufficient to establish you in business in the United Kingdom."


Paragraph 212(ii)
30.17 Maintenance and accommodation "...but although you have £..... of your own money to invest, in view of ....... I am not satisfied that you will have sufficient additional funds to maintain and accommodate yourself (and any dependants) without recourse to employment (other than your work for the business) or to public funds until your business provides you with an income."


Paragraph 212(iii) or


"...but in view of ..... I am not satisfied that your share of the profits of the business will be sufficient to maintain and accommodate your self and any dependants without recourse to employment (other than your work for the business) or to public funds."


Paragraph 212(iv)
30.18 Other employment "...but I am not satisfied that you do not intend to supplement your business activities by taking or seeking employment in the United Kingdom other than your work for the business."


Paragraph 212(v)


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