Working Holidaymakers- Working in Breach UK Visa Refusal 320(7B)

General Grounds for Refusal: Working Holidaymakers- Working in Breach

This post explains what to consider when an applicant is suspected of having breached the conditions of their leave as a working holidaymaker.

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

A working holidaymaker will breach their conditions if they work in the UK for more than 12 months. The application cannot be refused under paragraph 320(7B) if they previously worked in the UK for 12 months or less as a working holidaymaker.

Paragraph 320(7B) 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:

(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)

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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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