Entry Clearance Guidance - General Instructions
Wording for refusals
[Last updated 14 December 2009]
This document gives examples of refusal wordings for refusal notices by category. Each entry includes the relevant paragraph of the current rules and whether there is a full or limited right of appeal.
When refusing, it is vital to ensure that all grounds for refusal are covered. This is especially important in cases involving refusals under paragraph 320 (but is not necessary for 320 (1), (2) and (6)). If an ECO only refuses under paragraph 320 and an appeal is allowed, entry clearance will have to be issued – the ECO cannot then consider the substantive application.
Where an application is refused under 320 (7A) include the warning advisory:
“You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the Immigration Rules, any future applications may also be refused under paragraph 320(7B) of the Immigration Rules, (subject to the requirements set out in paragraph 320 (7C)).
A refusal under paragraph 320 (7B) of the Immigration Rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or submission of falsified documents or information was employed”.
Where the decision to refuse has been taken by UKBA headquarters e.g. referred applications, the refusal wording should indicate that it has been issued from the Secretary of State by inserting "the Secretary of State" instead of "I" in the wording. e.g. "... the Secretary of State is not satisfied that you..."
Guidance on writing and service a refusal notice can be found at RFL13.
Refusal wordings for right of abode and certificates of entitlement applications can be found in ROA20.
| 1. | RETURNING RESIDENTS |
| 2. | VISITORS - GENERAL |
| 3. | VISITORS IN TRANSIT |
| 4. | VISITORS SEEKING ENTRY FOR PRIVATE MEDICAL TREATMENT |
| 5. | STUDENTS |
| 6. | STUDENT NURSES |
| 7. | POST-GRADUATE DOCTORS AND DENTISTS |
| 8. | SPOUSES OF STUDENTS |
| 9. | CHILDREN OF STUDENTS |
| 10. | PROSPECTIVE STUDENTS |
| 11. | "AU PAIR" PLACEMENTS Rules deleted. No new applications accepted from 27.11.08 |
| 12. | WORKING HOLIDAY MAKERS Rules deleted. No new applications accepted from 27.11.08 |
| 13. | CHILDREN OF WORKING HOLIDAY-MAKERS Rules deleted. No new applications accepted from 27.11.08 |
| 14. | SEASONAL WORKER AT AGRICULTURAL CAMPS |
| 15. | TEACHERS/LANGUAGE ASSISTANTS UNDER APPROVED SCHEMES Rules deleted. No new applications accepted from 27.11.08 |
| 16. | DEPARTMENT FOR EDUCATION AND EMPLOYMENT APPROVED TRAINING OR WORK EXPERIENCE (TWES) Rules deleted |
| 17. | SPOUSES OF TEACHERS/LANGUAGE ASSISTANTS/PERSONS ON TWES Rules deleted |
| 18. | CHILDREN OF A TEACHER/LANGUAGE ASSISTANTS/PERSONS ON TWES Rules deleted |
| 19. | WORK PERMIT EMPLOYMENT No new applications accepted for work permits after 27.11.08 |
| 20. | REPRESENTATIVES OF OVERSEAS NEWSPAPERS, NWES AGENCIES AND BROADCASTING ORGANISATIONS Rules for entry clearance/leave to enter applications deleted. No new applications accepted after 27.11.08 |
| 21. | SOLE REPRESENTATIVES |
| 22. | DOMESTIC WORKERS IN DIPLOMATIC OR PRIVATE HOUSEHOLDS |
| 23. | OVERSEAS GOVERNMENT EMPLOYEES Rules deleted for entry clearance/leave to enter applications. No new applications accepted after 27.11.08 |
| 24. | MINISTERS OF RELIGION/MISSIONARIES/MEMBERS OF RELIGIOUS ORDERS Rules deleted for entry clearance/leave to enter applications. No new applications accepted after 27.11.08 |
| 25. | AIRPORT BASED OPERATIONAL GROUND STAFF OF OVERSEAS OWNED AIRLINES Rules deleted for entry clearance/leave to enter applications. No new applications accepted after 27.11.08 |
| 26. | UK ANCESTRY | ||
| 27. | SPOUSES OF WORK PERMIT HOLDERS / REPRESENTATIVES OF OVERSEAS NEWSPAPERS, NEW 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 Some of these routes have now been closed. See Chapter 17 & Chapter 18 of ECG for further information. |
||
| 28. | CHILDREN OF WORK PERMIT HOLDERS / REPRESENTATIVES OF OVERSEAS NEWSPAPERS, NEW 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
|
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| 29. | PERSONS SEEKING ENTRY CLEARANCE FOR BUSINESS OR SELF- EMPLOYMENT. AS INVESTORS, WRITERS, COMPOSERS OR ARTISTS PERSONS INTENDING TO ESTABLISH THEMSELVES IN BUSINESS. Rules deleted on 30.06.08. Replaced by Points Based System Tier 1. |
||
| 30. | PERSON INTENDING TO ESTABLISH THEMSELVES IN BUSINESS UNDER PROVISIONS OF EC ASSOCIATION AGREEMENTS Rules deleted for leave to enter and entry clearance applications. |
| 31. | INVESTORS Rules deleted on 30.06.08. Replaced by Points Based System Tier 1 |
| 32. | WRITERS, COMPOSERS AND ARTISTS Rules deleted on 30.06.08. Replaced by Points Based System Tier 1 |
| 33. | SPOUSES OF BUSINESSMEN, INVESTORS, WRITERS, COMPOSERS OR ARTISTS Rules deleted on 30.06.08 |
| 34. | CHILDREN OF BUSINESSMEN, INVESTORS, WRITERS, COMPOSERS OR ARTISTS Rules deleted on 30.06.08 |
| 35. | PERSONS EXCERCISING RIGHTS OF ACCESS TO CHILDREN RESIDENT IN THE UNITED KINGDOM |
| 36. | HOLDERS OF SPECIAL VOUCHERS |
| 37. | SPOUSES AND CHILDREN OF SPECIAL VOUCHER HOLDERS |
| 38. | SCIENCE AND ENGINEERING GRADUATES SCHEME Rules deleted on 30.06.08. Replaced by Tier 1 |
| 39. | RETIRED PERSONS OF INDEPENDENT MEANS Rules deleted. No new applications will be accepted from 27.11.08 |
| 40. | SPOUSES OF RETIRED PERSONS OF INDEPENDENT MEANS Rules deleted. No new applications will be accepted from 27.11.08 |
| 41. | CHILDREN OF RETIRED PERSONS OF INDEPENDENT MEANS Rules deleted |
| 42. | SPOUSES/CIVIL PARTNERS |
| 43. | FIANCE(E)S/PROPOSED CIVIL PARTNERS |
| 44. | UNMARRIED/SAME-SEX PARTNERS (where sponsor present and settled or is to be admitted for settlement) |
| 45. | UMNARRIED/SAME SEX PARTNERS (where sponsor has limited leave to enter or remain in the UK under paragraphs 128-193, 200-239 or 263-270) |
| 46. | CHILDREN: SEEKING ENTRY CLEARANCE FOR SETTLEMENT ON ENTRY |
| 47. | CHILDREN SEEKING LIMITED LEAVE ON ENTRY WITH A VIEW TO SETTLEMENT |
| 48. | CHILDREN BORN IN UK WHO ARE NOT BRITISH CITIZENS |
| 49. | ADOPTED CHILDREN: SEEKING ENTRY CLEARANCE FOR SETTLEMENT ON ENTRY |
| 50. | PARENTS, GRANDPARENTS AND OTHER DEPENDENT RELATIVES OF PERSONS PRESENT IN AND SETTLED IN THE UK |
| 51. | MANDATORY GROUNDS FOR REFUSAL OF ENTRY CLEARANCE |
| 52. |
DISCRETIONARY GROUNDS FOR REFUSAL OF ENTRY CLEARANCE |
| 53. | PARTNERS OF PBS: ALL TIERS |
| 54. | CHILDREN OF PBS: ALL TIERS |
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