This post relates to consideration when an applicant is applying for entry clearance, or when a passenger is seeking entry to the UK in a category which is not covered by the Immigration Rules, or when an applicant applies to change his/her permission to stay in the UK for a purpose which is not covered by the Immigration Rules in a category which is not covered by the UK Immigration Rules.
Purpose Not Covered in the Rules- Entry Clearance Application
Applicants seeking Entry Clearance for a propose not covered in the UK Immigration Rules relates to general grounds for refusal under paragraph 320(1) of the rules. For visitors, permitted activities are covered by Appendices 3-4 of Appendix V and prohibited activities are covered under V 4.5-10. Applicants who are coming to do a prohibited activity must be refused under paragraph V 4.2(c).
Leave to Enter to Passenger for a Purpose Not Covered in the Rules
For considering whether a passenger could be given leave to enter, the immigration office takes into account whether the passenger is seeking entry for a purpose covered in the Immigration Rules. If a leave to enter is not covered in the Immigration Rule then a leave to enter is refused under paragraph 320(1) when either of the following applies:
- there is no concession which allows an immigration officer to use discretion either within or outside the rules for passengers in that category, or
- there is a concession which allows an immigration officer to grant leave within in outside the rules for passengers in that category, but the passenger does not meet the requirements of that concession
The aforesaid are mandatory refusal reasons. However, if there are overwhelmingly compassionate reasons to grant leave to enter for a purpose outside the immigration rules where there is no concession under which the passenger qualifies, an immigration officer might exceptionally exercise discretion. However, these exceptional discretions are only exercised on the specific direction of the Home Secretary, Immigration Director or Minister
Purpose of Leave to Remain Not Covered in the Rules
While considering an application for a leave to remain, it is taken into account whether an applicant wants to stay for a reason covered by the Immigration Rules. If this is not the case, the application is refused under paragraph 322(1) of the Immigration Rules.
It is important to note that if a person does not meet the Immigration Rules then it does not mean that there are no rules which apply. In most of the cases, only paragraph 322(1) is applied to refuse an application, which is specifically applied for a leave to remain outside the immigration rules.
The wording of the Refusal Letter- Purpose Not Covered in the Immigration Rules
If an applicant is seeking entry to the UK for a purpose not covered in the Immigration Rules then the application is rejected under Paragraph 320(1) of the Immigration Rules and Paragraph V 4.2(c) of Appendix V for visitors, with the following wording in the refusal letter:
…but I am not satisfied that entry is being sought for a purpose covered by the Immigration Rules.
For refusal under Paragraph 322(1) for an application for Leave to enter or remain for a purpose not covered by the rules, the wording of the Refusal Letter is usually:
You have applied for [indefinite/leave] to remain in order to [specific reason here]. The Secretary of State is not satisfied leave to remain is being sought for a purpose covered by the Immigration Rules.
[Reasons Explained in the Refusal Letter]
More on General Grounds for Refusal: Deception Ban UK, Re-Entry Ban UK, Criminal Record Certificate and General Grounds for Refusal under Immigration Rules & Appendix V