Post
by avjones » Sun Nov 04, 2007 9:39 pm
I have become aware over the past ten days that, for the first time,
entry clearance offices are regularly considering applications for
spouse, fiancée, and unmarried partner applications under the general
provisions of the Immigration Rules. Under Section 9 of the Immigration
Rules, there are set out the grounds for which entry clearance is to be
refused, and entry clearance is normally to be refused.
I had not, before mid October, ever seen a case in which a previous
overstaying alone had been used as a reason to refuse entry clearance as
a spouse. I have, however, been made aware of four different cases
which have been refused on this ground over the past ten days. They
have been from three different countries, including Pakistan and
Jamaica, and it therefore does appear that this represents a new policy.
It may very well be that people who are proposing to return to their
countries of origin in order to make an entry clearance application
under the Immigration Rules should therefore be advised it is possible
their case may be considered and refused under the general grounds of
the Immigration Rules.
There would be a right of appeal.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.