Refusal on General Grounds – EEA Family Permits

This post explains refusal for entry clearance on a European Economic Area (EEA) family permit under the Immigration EEA Regulations 2006.

This relates to general grounds for refusal under paragraphs 320(7A) and 320(7B) of the rules.

Applications of a non-EEA family member under paragraph 320(7A) or 320(7B) can’t be refused, if they are applying for entry clearance under the Immigration EEA Regulations 2006. This is because such applications are not covered by the Immigration Rules.

However, if the applicant is applying under the Immigration Rules, for example as a visitor, it can be refused on general grounds.

Paragraph 320(7A) and 320(7B) relating to Mandatory Refusals of the Immigration Rules Part 9Grounds for Refusal reads as under:

320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach) by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

unless the applicant:

(i) overstayed for-

(a) 90 days or less, where the overstaying began before 6 April 2017: or

(b) 30 days or less, where the overstaying began on or after 6 April 2017

and in either case, left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 2 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 liability for removal, or no more than 6 months after the date on which the person no longer had a pending appeal or administrative review; whichever is the later;

(v) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago;

(vi) was removed or deported from the UK more than 10 years ago or;

(vii) left or was removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 more than 5 years ago.

Where more than one breach of the UK’s immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.