Removals 320(7D), AVR (V3.10), UK Visa Refusal on General Grounds

General Grounds for Refusal Removals and Assisted Voluntary Returns (AVR)

Paragraph 320(7B) of the Immigration Rules, V 3.10 of Appendix V

This post explains how long an applicant must be refused for if the applicant has been removed from the UK or left by assisted voluntary return (AVR).

This relates to general grounds for refusal under paragraph 320(7B) of the rules. For visitors, refusal under paragraphs V 3.10 of Appendix V.

Removal with the Previous Breach and Voluntary Leaving the UK

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

An applicant who has previously breached UK immigration laws and has been removed will then have future applications refused for 10 years.

If an applicant has previously been given a notice identifying them as an immigration offender (form IS.151A), the applicant may still have left the UK voluntarily. In such cases, the applicant’s future applications must be refused under paragraph 320(7B) for 1, 2 or 5 years.

Refusal or Removal at the Port of Entry- One Year Ban

Applicants who have been refused or removed at port of entry are only subject to a one year ban if they have fully complied with the terms and conditions placed on them by the refusing port.

Assisted Voluntary Returns (AVR) at Public Expense

An applicant who has previously breached UK immigration laws and who left the UK voluntarily at public expense through either an assisted voluntary return or assisted voluntary return for irregular migrants will have future applications refused for 2 or 5 years.

For applicants who returned under the voluntary assisted returns and reintegration programme, it must be satisfied that the applicant has breached UK immigration laws. If this is the case, they will also have future applications refused for 2 or 5 years.

Paragraph 320(7B) of Immigration Rules of the Immigration Rules Part 9: Grounds 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:

(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.

via Immigration Rules part 9: grounds for refusal – Immigration Rules – Guidance – GOV.UK

Please Note: Part 9 of the Immigration Rules pertaines to General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom (paragraphs A320 to 324)

Paragraph V 3.10 of Appendix V: Immigration Rules for Visitors reads as under:

V 3.10 The duration of a re-entry ban is as follows:

Duration of re-entry ban from date they left the UK (or date of refusal of entry clearance under paragraph f)

(a) 12 months left voluntarily at their own expense.

(b) 2 years left voluntarily at public expense within 6 months of being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later.

(c) 5 years left voluntarily at public expense, more than 6 months after being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later.

(d) 5 years 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 (and providing that any condition prohibiting their return to the UK has itself expired)

(e) 10 years was deported from the UK or was removed from the UK at public expense

(f) 10 years used deception in an application for entry clearance (including a visit visa).

via Immigration Rules Appendix V: visitor rules – Immigration Rules – Guidance – GOV.UK

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Related: Judicial Review to Challenge UK Visa Refusals and BansTypes of UK Visa Refusal on General GroundsReasons for Refusing a UK Visa on Mandatory General GroundsRefusal on General Grounds- Purpose NOT Covered in the Rules

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