Reasons for Refusing UK Visa on General Grounds Paragraph 320

This relates to reasons for refusing a UK Visa Application on Mandatory General Grounds under Paragraph 320(1) to 320(7D) of the Immigration Rules and Part 3 of Appendix V for Visitors (as updated on April 19, 2016) and covers the following reasons for refusals on the Mandatory General Grounds:

  1. Purpose of Entry for the UK Not Covered under the Rules- 320(1) and V 4.2(c);
  2. An Applicant is subject to a Deportation Order- 320(2)(a) and V 3.2(b);
  3. Applicant Convicted and Sentenced for at least four (4) Years- 320(2)(b) and 3.4(a);
  4. Applicant Convicted and Sentenced for at least 12 Months-  320(2)(c) and V 3.4(b);
  5. Applicant Convicted and Imprisoned for less than 12 Months- 320(2)(d) and V 3.4(c);
  6. Criminal Record Certificate- Tier 1 Investor, Tier 1 Entrepreneur- 320(2A);
  7. Inability of the Applicant to Furnish a Valid Passport- 320(3) and V 3.12(a);
  8. Directive of Secretary of State for an Applicant’s Exclusion- 320(6) and 3.2(a);
  9. False Representation/Documents, Material Facts Not Disclosed- 320(7A) and V 3.6;
  10. Previous Breach of the UK Immigration Rules by an Applicant- 320(7B) and V 3.7-11;
  11. Applicant’s Failure to Attend an Interview without Explanation- 320(7D) and V 3.12(b)(i);
  12. Applicant Failed to Provide Information, Biometrics, Medical- 320(7D) and V 3.12(b)(ii-iv).

Reasons for Refusing a UK Visa on Mandatory General Grounds

Purpose of Entry for the UK Not Covered by the Rules

Reasons for Refusing UK Visa on General Grounds Paragraph 320

Under Paragraph 320(1) of the Immigration Rules and Paragraph V 4.2(c) of Appendix V for visitors, an application is refused because an applicant is seeking entry for a purpose not covered by the rules.

An Applicant is subject to a Deportation Order

An application is refused under Paragraph 320(2)(a) of the Immigration Rules and Paragraph V 3.2(b) of Appendix V for visitors because the applicant is the subject of a deportation order.

Applicant Convicted and Sentenced for at least four (4) Years

Mandatory Refusal on General Grounds under Paragraph 320(2)(b) of the Immigration Rules and Paragraph V 3.4(a) of Appendix V for visitors because the applicant has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years.

Applicant Convicted and Sentenced for at least 12 Months

Refusal under Paragraph 320(2)(c) of the Immigration Rules and Paragraph V 3.4(b) of Appendix V for visitors because the applicant has been convicted of an offence for which they have been sentenced to a period of at least 12 months but less than four years unless a period of 10 years has passed since the end of the sentence.

Applicant Convicted and Imprisoned for less than 12 Months

Mandatory Refusal on General Grounds under 320(2)(d) of the Immigration Rules and Paragraph V 3.4(c) of Appendix V for visitors because the applicant has been convicted of an offence for which they have been to a period of imprisonment of less than 12 months, unless a period of five years has passed since the end of the sentence.

Criminal Record Certificate- Tier 1 Investor, Tier 1 Entrepreneur

Refusal under Paragraph 320(2A) of the Immigration Rules (not applicable under Appendix V for visitors as only applicable in case of PBS Tier 1 Investor and Tier 1 Entrepreneur Applications) because failure, if required to do so, by a person seeking entry to the UK from to provide a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more in the past 10 years.

Inability of the Applicant to Furnish a Valid Passport

Mandatory Refusal on General Grounds under 320(3) of the Immigration Rules and Paragraph V 3.12(a) of Appendix V for visitors because the applicant is not able to produce a valid passport.

Directive of Secretary of State for an Applicant’s Exclusion

Refusal under Paragraph 320(6) of the Immigration Rules and Paragraph V 3.2(a) of Appendix V for visitors because the Secretary of State has personally directed that the applicant’s exclusion from the UK is conducive to the public good.

False Representation/Documents, Material Facts Not Disclosed

Mandatory Refusal on General Grounds under 320(7A) of the Immigration Rules and Paragraph V 3.6 of Appendix V for visitors because the applicant has:

  • made false representations or submitted false documents:
    • whether or not material to the application
    • whether or not to the applicant’s knowledge, and
    • despite the applicant’s age or category of visa sought.
  • the applicant has not disclosed material facts

The ECO may also consider whether paragraph 320(11) applies (or paragraph V 3.7 of Appendix V for visitors).

Previous Breach of the UK Immigration Rules by an Applicant

Refusal under Paragraph 320(7B) of the Immigration Rules and Paragraph V 3.7-11 of Appendix V for visitors because the applicant has previously breached UK immigration laws (and was 18 or over at the time or the most recent breach) by:

  • overstaying;
  • breaching a condition attached to their leave;
  • being an illegal entrant
  • using deception in an application for a visa, leave to enter or leave to remain

unless the applicant:

  • overstayed for 90 days or less and left the UK voluntarily, not at the expense of the Secretary of State (whether directly or indirectly);
  • used deception in an application for entry clearance more than 10 years ago;
  • left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
  • left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than two years ago, and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal, whichever is the later;
  • left the UK voluntary at the expense of the Secretary of State (directly or indirectly), more than 5 years ago;
  • was removed or deported from the UK more than 10 years ago;
  • left or was removed from the UK as a condition of a caution issued in accordance with s.134 Legal Aid, Sentencing and Punishment of Offenders Act 2012 more than 5 years ago.

Meaning of a ‘Removal Decision’ under Paragraph 320(7B)

For the purpose of paragraph 320(7B) of the rules ‘removal decision’ means:

  • a decision to remove in accordance with section 10 of the Immigration and Asylum Act 1999;
  • a decision to remove an illegal entrant by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971;
  • a decision to remove in accordance with section 47 of the Immigration, Asylum and Nationality Act 2006;

Meaning of a Pending Appeal is same as per Section 104

A pending appeal has the same meaning as in section 104 of the Nationality, Immigration and Asylum Act:

  • the applicant has left the UK voluntarily at the expense of the Secretary of State (directly or indirectly), more than 5 years ago;
  • the applicant was removed from the UK more than 10 years ago;
  • the applicant was unaware that the documents submitted or representations made were false;
  • the applicant was previously issued a visa in the knowledge of the immigration breach;
  • the applicant was in the UK illegally on or after 17 March 2008 and left the UK before 1 October 2008;
  • the applicant was refused leave to remain as a student solely on the basis that they made an out of time application;
  • the applicant has been accepted by the Home Office as a victim of trafficking.

Overstaying and Calculation of Re-Entry Ban under Paragraph 320(7B)

When determining whether a re-entry ban applies because of paragraph 320 (7B) the period of overstaying must be calculated in line with the interpretation of overstaying under paragraph 6 of the Immigration Rules.

Overstayed’ or ‘overstaying’ means the applicant has stayed in the UK beyond the latest of the:

  • time limit attached to the last period of leave granted;
  • period their leave was extended under sections 3C or 3D of the Immigration Act 1971;
  • date an applicant receives a ‘notice of invalidity’ which tells them their application, provided the application was submitted before the time limit attached to the last period of leave, has expired.

Applicant’s Failure to Attend an Interview without Explanation

Mandatory Refusal on General Grounds under 320(7D) of the Immigration Rules and Paragraph V 3.12(b)(i) of Appendix V for visitors because the applicant failed to comply with a request made on behalf of the entry clearance officer to attend for an interview without providing a reasonable explanation.

Applicant Failed to Provide Information, Biometrics, Medical

Mandatory Refusal on General Grounds under 320(7D) of the Immigration Rules and Paragraph V 3.12(b)(ii-iv) of Appendix V for visitors as the applicant failed to do the following without reasonable excuse:

  • (ii) provide information;
  • (iii) provide biometrics;
  • (iv) undergo a medical examination or provide a medical report.

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Related: Types of UK Visa Refusal,  Immigration Rules for Visitors and Part 9: Grounds for Refusal

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