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Chapter 26 Annex 2 Part 10

Chapter 26 Annex 2 Part 10

Wording for refusals: Sections 48-52 [Updated 14 December 2009] 

48. Children born in UK who are not British citizens

48.1 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."
Paragraph 296



48.2 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."
Paragraph 305



48.3 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.
Paragraph 305



48.4 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."
Paragraph 305



48.5 Over/under/wrong age "... but (on evidence of birth date available) I am not satisfied that you are under the age of 18 years."
Paragraph 305

Limited right of appeal
48.6 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."
Paragraph 305

Limited right of appeal
48.7 Not born in UK "...but I am not satisfied that you were born in the United Kingdom."
Paragraph 305



48.8 Independent life "...but I am not satisfied that you are not leading an independent life."
Paragraph 305



48.9 Married "...but I am not satisfied that you are not married."
Paragraph 305



48.10 Independent family unit "...but I am not satisfied that you have not formed an independent family unit."
Paragraph 305



48.11 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.
Paragraph 305


49. 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.

49.1 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"
Paragraph 310(i)



49.2 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."
Paragraph 310(i)



49.3 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."
Paragraph 314(i)



49.4 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."
Paragraph 314(i)



49.5 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."
Paragraph 296



49.6 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."

Limited right of appeal Paragraph 310(i) or 314(i)
49.7 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).


Paragraph 310(i) or 314(i)
49.8 Parent does not have sole responsibility "...but I am not satisfied that your adoptive parent has had sole responsibility for your upbringing."


Paragraph 310(i)(e) or 314(i)(b)
49.9 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."
Paragraph 310(i)(f) or 314(i)(c)



49.10 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."
Paragraph 310 and 314

Limited right of appeal
49.11 Independent life "...but I am not satisfied that you are not leading an independent life."
Paragraph 310 and 314



49.12 Married "...but I am not satisfied that you are unmarried."
Paragraph 310 and 314



49.13 Independent family unit "...but I am not satisfied that you have not formed an independent family unit."
Paragraph 310 and 314



49.14 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."
Paragraph 310 and 314



49.15 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."
Paragraph 310 and 314



49.16 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."
Paragraph 310(v)



49.17 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."
Paragraph 310 and 314



49.18 Same rights/obligations "...but I am not satisfied that you have the same rights and obligations as any other child of the marriage."
Paragraph 310 and 314



49.19 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.
Paragraph 310 and 314



49.20 Genuine transfer of parental responsibility "...but I am not satisfied that there has been a genuine transfer of parental responsibility to the adoptive parents."
Paragraph 310 and 314



49.21 Lost/broken ties with original family "...but I am not satisfied that you have lost or broken your ties with your family of origin."
Paragraph 310 and 314



49.22 Purpose "...but I am not satisfied that the adoption is not one of convenience arranged to facilitate your admission to the United Kingdom."
Paragraph 310 and 314



50. Parents, grandparents and other dependent relatives of persons present and settled in the UK

50.1 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."
Paragraph 317(i)



50.2 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."
Paragraph 317(i)-(ii)



50.3 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."
Paragraph 317(i)(d)



50.4 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."
Paragraph 317(i)(d)



50.5 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."
Paragraph 317(i)(e)



50.6 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."
Paragraph 317(i)(f)





51. Mandatory grounds for refusal of entry clearance

When a case is refused under paragraph 320, it is vital that the ECO also considers the application under the category of the application applied for, and not just under the general rules. (The exception to this is if it is a refusal under 320 (1), (2) or (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.

51.1 No provision in the Rules "...but I am not satisfied that entry is being sought for a purpose covered by the Immigration Rules."

Limited right of appeal Paragraph 320(1)
51.2 Subject to a deportation order "...but you are currently subject to a deportation order signed on ........"

Limited right of appeal Paragraph 320(2)
51.3 No acceptable travel document "...but you have failed to produce a valid national passport of other document satisfactorily establishing your identity and nationality."

Limited right of appeal Paragraph 320(3)
51.4 Conducive exclusion "...but the Secretary of State has personally directed that your exclusion from the United Kingdom is conducive to the public good."

Limited right of appeal Paragraph 320(6)
51.5 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."

Limited right of appeal Paragraph 320(7)
51.6
False representations/documents
  

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].

Under para 320 (7a) of the Immigration Rules a person must automatically be refused entry clearance if false representations or documents are used (whether or not material to the application and whether or not to the applicants knowledge) or material facts are not disclosed in relation to the application.  A false representation for these purposes is a lie, or a false statement in a visa application, made either orally or in writing.  A false document includes:

·         a genuine document which has been altered or tampered with;
·         a counterfeit document (one that is completely false);
·         a  genuine document which is being used by an impostor;
·         a genuine document which has been fraudulently obtained or issued;
·         a genuine document which contains a falsified or counterfeit visa endorsement.

I am satisfied, to a higher balance of probabilities, that false representations in the form of xxxxxx or false documents in the form of xxxxxx were made/produced in your visa application.  The reasons I have reached this conclusion are contained in a document verification report, held on file.  I therefore refuse your application. 

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.


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].

I therefore refuse your application.

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.

  Appeal rights depend on category of application Paragraph 320(7A)
51.7
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] 
  Appeal rights depend on category of application Paragraph 320(7B)


52. Discretionary grounds for refusal of entry clearance

When a case is refused under paragraph 320, it is vital that the ECO also considers the application under the category of the application applied for, and not just under the general rules. (The exception to this is if it is a refusal under 320 (1), (2) or (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.

52.1 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."

Appeal rights depend on category of application Paragraph 320(8)
52.2 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."

Appeal rights depend on category of application Paragraph 320(10)
52.3 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.


Appeal rights depend on category of application Paragraph 320(11)
52.4     

Appeal rights depend on category of application Paragraph 320(12)
52.5 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."

Appeal rights depend on category of application Paragraph 320(13)
52.6 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."

Appeal rights depend on category of application Paragraph 320(14)
52.7 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."

Appeal rights depend on category of application Paragraph 320(15)
52.8 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."

Appeal rights depend on category of application Paragraph 320(16)
52.9 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."

Appeal rights depend on category of application Paragraph 320(17)
52.10 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".

Appeal rights depend on category of application Paragraph 320(18)
52.11 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."

Appeal rights depend on category of application Paragraph 320(19)
 52.12 Biometric hit
On your visa application form you have claimed never to have visited the UK before, however, as a result of a Biometrics finger scan, records held in the United Kingdom indicate that you have, in fact, previously been in the UK and applied to remain. I consider that your attempt to hide a previous application to remain in the UK has seriously damaged your credibility and casts doubt upon your whole application. I am therefore not satisfied that you are genuinely seeking entry to the UK for the purpose and duration you state. Furthermore, I note that the identity you have used in this application (Fred Bloggs, dob 01/01/70, nationality: XXX) is not the same as the identity you provided when previously in the UK (Joe Bloggs, dob 01/01/82, nationality: YYY). Therefore, I am also not satisfied as to your identity or nationality.
  Appeal rights depend on category of application
 
 52.13 IDENT1
“You stated on your application form / during interview that …[you have never been to the UK before bebefore]. You signed your application form on [date] to confirm this was correct.  However, records held by the UK police indicate that you were in the UK on [date]. Failing to declare your immigration history [include paragraph 320(7A) wording] undermines the credibility of the whole application.  As a result of this the Entry Clearance Officer cannot be satisfied as to your intentions.”


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