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Changes to Paragraph 320(11)?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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bridge1
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Joined: Sat Jul 09, 2011 9:36 am

Changes to Paragraph 320(11)?

Post by bridge1 » Mon Aug 22, 2011 3:19 pm

Hi all

I have noticed on the UKBA's site where it outines general grounds for refusal the immigration rules seem to be updated – previously under paragraph 320(7b) it said that this would not apply if the application was to be made as a spouse/fiance etc but to refer to para 320(11) to see if that applies (aggravating circumstances etc). Now that wording has been removed (i.e. no reference to seeing if paragraph 320(11) applies and paragraph 320(11) itself no longer talks about ‘aggravating circumstances’ but simply ‘contriving in a significant way to frustrate the rules’, examples they state being overstaying, deception, illegal entry etc all of which are covered by 320(7b) but where it also says guidance will be published outlining examples of how people guilty of these offences can be considered to have significantly frustrated the rules so it seems a bit confusing .

Is this a change of policy from the UKBA or am I misreading? Are they saying that para 320 (11) applies in ALL circumstances moving forward or that it is to be disregarded entirely if 320(7b) doesn’t apply due to the application being made as a spouse/fiancé/civil partner etc? Because there are some ‘Deleted’ paragraphs where the 320(11) provisions used to be.

I have included the link;

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Any feedback much appreciated

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