Section 320 (11)

[Trustar]

Hi everyone

Does anyone know if section 320 (11) of the immigration rules has been definately deleted? This is the section that normally gives ECO's descretion to refuse settlement visa applications where there is element of bad immigration history.

I would really appreciate your kind replies as me and my partner are currently planning to go back to her country, get married and apply for a spouse visa but she has got some bad immigration history. I am however, a British citizen.

Many thanks and God bless

[vinny]

There appears to be some inconsistency in the internet version of the rules!

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

(11) DELETED

Perhaps an old version of 320(11) was deleted? Better treat it as if it's still in force.

[Kitty]

320(11) used to refer to failure to observe time limits or other conditions of leave. That version was deleted by HC321 on 1/4/2008. The current 320(11) was inserted by HC607 on 30/6/2008.

I think the inconsistency is simply due to the after-effects of accepting tracked changes into the document: there was a period when 320(11) just read "DELETED", then a new 320(11) was inserted and they forgot to clean up the document.

So, yes, I would treat the current 320(11) as remaining in force.

[haze]

Unfortunately its not been deleted, it actualy keeps expanding in scope whit its aggrevating circumstances targeting more and more people, while stil keeping an atribute that list of aggrevating circumstances is infinite and not exhaustive. On 11th of December list had gone up from 7 up to 19 possible aggrevating circumstances catching nearly every illegal entrant now. Its astonishing that there is no case law yet regarding rule 320(11) specially bearing in mind that refusal under 320(11) from plain reading of it may well be permanent life long refusal (once refusal is upheld in court its hard to see an ECO not refusing any further application as circumstances will never change), which makes rule 320(11) more strict than even deportation order which is mandatory ban imposed on convicted foreign criminals (i.e. murderers, rapists etc.) and law states that deprotation order could be revoked after 10 years.

[lizziet]

Just in case you can't find it - this is the current list of aggravating circumstances:

absconding;
not complying with temporary admission / temporary reporting conditions / bail conditions;
not complying with reporting restrictions;
failing to comply with removal directions (RDs) after port refusal of leave to enter (RLE);
failing to comply with RDs after illegal entry;
previous working in breach on visitor conditions within short time of arrive in the UK (ie pre-meditated intention to work);
previous recourse to NHS treatment when not entitled;
previous receipt of benefits (income, housing, child, incapacity or otherwise) or NASS benefits when not entitled;
using an assumed identity or multiple identities;
previous use of a different identity or multiple identities for deceptive reasons;
vexatious attempts to prevent removal from the UK, eg feigning illness;
active attempt to frustrate arrest or detention by UK Border Agency or police;
a sham marriage / marriage of convenience / polygamous marriage in the UK;
harbouring an immigration offender;
facilitation / people smuggling;
escaping from UK Border Agency detention;
switching of nationality;
vexatious or frivolous applications;
not complying with re-documentation process.