Immigration-Rules-Appendix-V-Visitor-Rules-R5

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02/03/2017 Immigration Rules Appendix V: visitor rules Immigration Rules Guidance GOV.UK 3. (c) less than 12 months, unless at least 5 years has passed since the end of the sentence. 2. Where this paragraph applies, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors. 1. V 3.4A An application will be refused if the presence of the applicant in the UK is not conducive to the public good because they are a person to whom the Secretary of State: 1. (a) has at any time decided that paragraph 339AA, 339AC, 339D or 339GB of these rules applies; or 2. (b) has decided that paragraph 339AA, 339AC, 339D or 339GB of these rules would apply, but for the fact that (a) the person has not made a protection claim in the UK, or that (b) the person made a protection claim which was finally determined without reference to any of the relevant matters described in paragraphs 339AA, 339AC, 339D or 339GB. 1. V 3.5 An application will normally be refused if: 1. (a) within the period of 12 months before the application is decided, the applicant has been convicted of or admitted an offence for which they received a noncustodial sentence or out of court disposal that is recorded on their criminal record (except for an application for an extension of stay as a visitor); or 2. (b) in the view of the Secretary of State the applicant’s offending has caused serious harm; or 3. (c) in the view of the Secretary of State the applicant is a persistent offender who shows a particular disregard for the law. False information in relation to an application 1. V 3.6 An application will be refused where: 1. (a) 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 2. (b) material facts have not been disclosed, in relation to their application or in order to obtain documents from the Secretary of State or a third party provided in support of their application. Breaches of UK immigration laws 1. V 3.7 An application, except an application for an extension of stay as a visitor, will be refused if: 1. (a) the applicant previously breached UK immigration laws as described at V 3.9; and 2. (b) the application is made within the relevant reentry ban time period in V 3.10 (which time period is relevant will depend on the manner in which the applicant left the UK). V 3.8 If the applicant has previously breached UK immigration laws but is outside the relevant reentry ban time period the application will normally be refused if there are other aggravating circumstances, such as a failure to cooperate with immigration control or enforcement processes. This applies even where the applicant has overstayed for 90 days or less and left voluntarily and not at public expense. 1. V 3.9 An applicant, when aged 18 years or over, breached the UK’s immigration laws: 1. (a) by overstaying (except where this was for 90 days or less and they left the UK voluntarily and not at public expense); or 2. (b) by breaching a condition attached to their leave; or 3. (c) by being an illegal entrant; or 4. (d) if deception was used in relation to an application or documents used in support of an application (whether successful or not). V 3.10 The duration of a reentry ban is as follows: https://www.gov.uk/guidance/immigrationrules/immigrationrulesappendixvvisitorrules 4/30
02/03/2017 Immigration Rules Appendix V: visitor rules Immigration Rules Guidance GOV.UK Duration of re entry ban from date they left the UK (or date of refusal of entry clearance under paragraph f) This applies where the applicant and and (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). https://www.gov.uk/guidance/immigrationrules/immigrationrulesappendixvvisitorrules 5/30
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