It is rare for officials to grant a visa to a person who has badly breached immigration laws. This approach may lead to a permanent ban for the person affected to enter the UK – the same as someone convicted of a serious crime. Although there is a discretionary ground for refusal, it is likely that entry clearance officers in the current climate will use it as much as possible to refuse applications.
Appealing a refusal
Where a mistake has been made, a complaint may be worthwhile. In most cases, a legal challenge will be necessary. If the person refused entry is a member of a family in the UK, there is a right of appeal on human rights grounds. In other cases, an application for judicial review is the only way forward.
The entry clearance officers bear the burden of proof to show an applicant should be refused, so the applicant does not need to prove that he or she should not be refused entry. This means that an applicant does not have any obligation to disclose matters that would prejudice their case, provided they never deceive officials (or they will be subject to an entry ban for 10 years). Unless the form specifically asks for it, an applicant does not need to disclose certain information: for example if they previously had a sham marriage.
Scarsdale Immigration Solicitors
Scarsdale Solicitors Oldham, Scarsdale Solicitors Manchester and Scarsdale Solicitors Rochdale are continually monitoring the evolving COVID19 (Coronavirus) situation and following all guidance and advice that is issued by the NHS, Public Health England and the UK Government. Our Rochdale immigration solicitors, Oldham immigration solicitors and Manchester Immigration solicitors clients can rest assured that we remain open for business to support you at this time with any matters including general grounds refusals.
