Immigration Regulations Quiz
92 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Under what circumstance would an application for entry clearance or permission to enter under Appendix V: Visitor be refused?

  • The applicant possesses a criminal record, regardless of the nature of the offense or the time elapsed since the offense occurred.
  • The applicant has a history of immigration law violations, even if they are not considered a major deterrent to their application.
  • The applicant has been convicted of a criminal offence in the UK or overseas for which they received a non-custodial sentence and less than 12 months have passed since the date of conviction. (correct)
  • The applicant has submitted false information or documents, regardless of whether the information or documents were relevant to the application.

    • Which of the following accurately describes the grounds for cancellation of entry clearance or permission held by a person?

  • The person has failed to meet any of the conditions attached to their permission to stay. (correct)
  • The person has been involved in a sham marriage, even if they have since divorced or separated. (correct)
  • The person has made false representations to the Secretary of State regarding their eligibility.
  • The person has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, even if more than 12 months have passed since the end of the custodial sentence.

    • Which of the following is NOT a reason for refusing an application for entry clearance, permission to enter, or permission to stay based on exclusion from asylum or humanitarian protection grounds?

  • The applicant has previously been excluded from the UK on grounds of exclusion from the Refugee Convention, danger to the UK, or exclusion from a grant of humanitarian protection.
  • The applicant has been convicted of a criminal offense in the UK or overseas for which they have received a custodial sentence of less than 12 months, even if more than 12 months have passed since the end of the custodial sentence. (correct)
  • The applicant has a history of making false claims for asylum or humanitarian protection.
  • The Secretary of State has previously determined that the applicant poses a risk to the UK.

    • What is the deciding factor in determining whether an application for entry clearance, permission to enter, or permission to stay is refused based on involvement in a sham marriage or civil partnership?

    <p>The decision maker's belief that it is more likely than not that the applicant was involved in a sham marriage or civil partnership. (A)</p> Signup and view all the answers

    What is the main difference between Sections 9.7.1 and 9.7.2 in the context of false representations?

    <p>Section 9.7.1 requires proof from the decision maker, while Section 9.7.2 only requires the decision maker to believe it is more likely than not that the applicant used deception. (C)</p> Signup and view all the answers

    What is the key aspect of Section 9.7.3 that differs from Section 9.7.1?

    <p>Section 9.7.3 relates to the cancellation of entry clearance or permission held by a person, while Section 9.7.1 deals with the refusal of an application. (A)</p> Signup and view all the answers

    When would an application for entry clearance or permission to enter be refused based on previous breach of immigration laws?

    <p>If the applicant has previously breached immigration laws and the application is made within the relevant time period defined in paragraph 9.8.7. (D)</p> Signup and view all the answers

    In what scenario would an application for permission to stay be refused based on previous breach of immigration laws?

    <p>If the applicant has previously failed to comply with the conditions of their permission, unless permission was granted in knowledge of the previous breach. (A)</p> Signup and view all the answers

    Under the 'Previous breach of immigration laws grounds', what are 'aggravating circumstances' alongside previous immigration law violation?

    <p>The applicant's failure to cooperate with redocumentation or using a false identity. (C)</p> Signup and view all the answers

    What is the main focus of the regulations outlined in Section 9.5 regarding asylum or humanitarian protection grounds?

    <p>Restricting individuals who have previously made false asylum or humanitarian protection claims from making new claims. (A)</p> Signup and view all the answers

    What is the main difference between the requirements under Section 9.5.1 and 9.5.2 for refusing or cancelling entry clearance or permission?

    <p>Section 9.5.1 deals with the refusal of an application, while Section 9.5.2 deals with the cancellation of already granted permission. (D)</p> Signup and view all the answers

    Which of the following accurately represents the grounds for refusing or cancelling an application based on Section 9.6 regarding sham marriages or civil partnerships?

    <p>The applicant has been previously involved in a sham marriage or civil partnership, regardless of the time elapsed since the relationship ended. (A)</p> Signup and view all the answers

    What is the key requirement for refusing an application based on false representations under Section 9.7.2?

    <p>The decision maker must prove that the applicant used deception in the application, making it more likely than not that the representations were false. (D)</p> Signup and view all the answers

    Which of the following scenarios would NOT lead to cancellation of permission extended under Section 3C of the Immigration Act 1971?

    <p>The decision maker can prove that the applicant did not use deception in the application for permission to stay. (B)</p> Signup and view all the answers

    What is the main purpose of the regulations laid out in Section 9.8 regarding previous breaches of immigration laws?

    <p>To discourage individuals from breaching immigration laws by imposing stricter consequences for violations. (A)</p> Signup and view all the answers

    Under what circumstances may a person's entry clearance or permission be cancelled if they are a dependent of another person?

    <p>If they are dependent on a person whose permission to stay was cancelled. (A)</p> Signup and view all the answers

    What are the required English Language skills for a student to maintain their permission to stay in the UK after completing a pre-sessional course?

    <p>They must have knowledge of English equivalent to level B2 or above of the Council of Europe’s Common European Framework for Language Learning in all four components. (A)</p> Signup and view all the answers

    If an individual's sponsor for the Global Talent route withdraws their sponsorship, under what conditions would their entry clearance or permission be cancelled?

    <p>If the prize the individual used to qualify for the Global Talent route is withdrawn. (C)</p> Signup and view all the answers

    For individuals on the Innovator Founder route, what are the consequences of failing to attend a contact point meeting with their Endorsing Body?

    <p>They risk their entry clearance or permission being cancelled. (A)</p> Signup and view all the answers

    What is the maximum allowable delay for a student to commence their studies, before their entry clearance or permission may be cancelled?

    <p>28 days (A)</p> Signup and view all the answers

    What is the maximum allowable delay for a worker, on various routes, to commence their employment or training?

    <p>28 days (C)</p> Signup and view all the answers

    For individuals who are on the Student, Child Student, Skilled Worker, or other specified routes, what can happen if their sponsor does not have a sponsor licence?

    <p>Their entry clearance or permission may be cancelled. (D)</p> Signup and view all the answers

    Under which circumstances might a person's entry clearance or permission be cancelled if their sponsor transfers their business?

    <p>All of the above (D)</p> Signup and view all the answers

    Who is ultimately responsible for ensuring that a student meets the requirements of their course of study?

    <p>The student themselves. (C)</p> Signup and view all the answers

    Based on the provided content, do all individuals who enter the UK on a Temporary Worker route face the possibility of their entry clearance being revoked if they do not meet the requirements of their employment?

    <p>Yes, as per the rules outlined. All individuals who enter the UK on a Temporary Worker route are subject to these provisions. (A)</p> Signup and view all the answers

    An individual is seeking entry clearance for a visit to the UK. They previously overstayed their permission by 45 days. Upon leaving the UK voluntarily at their own expense, they are applying for a new entry clearance. Which of the following statements is true regarding the individual's application?

    <p>The previous overstay will not be disregarded based on paragraph 9.8.5. as the individual's overstay was within the specified timeframe but not at the Secretary of State's expense. (D)</p> Signup and view all the answers

    An individual was granted permission to stay in the UK for 2 years. After 1 year, they were found to have breached a condition attached to their permission. The individual subsequently applied for further permission and it was granted in their knowledge of the breach. Would this breach affect their future applications for entry clearance, permission to enter or stay?

    <p>No, the breach will be disregarded as they received subsequent permission for their stay in the UK. (A)</p> Signup and view all the answers

    Which of the following must be refused an application for entry clearance or permission to enter, based on 9.10.1.?

    <p>An individual who intends to enter the UK and then travel to a country within the Common Travel Area and does not satisfy the decision maker that they are acceptable to that country's immigration authorities. (A)</p> Signup and view all the answers

    An applicant is seeking entry clearance to the UK with the intent of seeking employment. They have previously been cautioned in accordance with section 22 of the Criminal Justice Act 2003, during which a condition prohibiting their return to the UK was imposed. That condition has since expired. Which of the following statements is true regarding their application for entry clearance?

    <p>The application for entry clearance will not be affected by the expired condition prohibiting their return to the UK. (E)</p> Signup and view all the answers

    An applicant has been granted permission to stay in the UK for 1 year, but they have failed to comply with the conditions of their permission. What is the likely outcome of their permission?

    <p>The permission may be cancelled due to the failure to comply with the conditions of their permission. (B)</p> Signup and view all the answers

    Under paragraph 9.9.1, which of the following actions can lead to a refusal of an application for entry clearance, permission to enter, or permission to stay?

    <p>All of the above actions could lead to refusal. (E)</p> Signup and view all the answers

    An individual is seeking permission to enter the UK with the intention of visiting a family member. They have previously used deception in a successful visa application. What is the likely outcome of their application for permission to enter?

    <p>The application will be refused based on prior deception, even if the previous application was successful. (A)</p> Signup and view all the answers

    A person seeking permission to enter the UK has failed to pay charges to the NHS for a previous stay. The outstanding charges amount to £450. What is the likely outcome of their application based on 9.11.1?

    <p>The application will likely be approved as the total outstanding charges are less than £500. (C)</p> Signup and view all the answers

    An individual is seeking permission to stay in the UK for a year. They have previously been granted permission to stay for six months, but they overstayed for 10 days. They left the UK voluntarily at their own expense. Will the previous overstay affect their current application for permission to stay in the UK?

    <p>No, the overstay was less than 30 days and they left voluntarily at their own expense, so it will be disregarded. (D)</p> Signup and view all the answers

    A person is seeking entry clearance for a visit to the UK. They were previously refused permission to enter the UK on the basis of an invalid visa application. This refusal decision was subsequently withdrawn. Will this previous refusal affect their current application for entry clearance?

    <p>No, the previous refusal will be disregarded as it was subsequently withdrawn. (B)</p> Signup and view all the answers

    A person is seeking permission to stay in the UK for a further 2 years. They have previously overstayed their permission for 2 years and were removed from the UK at public expense. Which statement is true?

    <p>Their application will likely be refused due to the previous overstay and removal at public expense. (C)</p> Signup and view all the answers

    An individual applied for permission to enter the UK based on false information, but their application was refused. Will this refusal affect their future applications for entry clearance?

    <p>Yes, the refusal based on false information will be considered a breach of immigration laws and may affect future applications. (A)</p> Signup and view all the answers

    A person is seeking permission to enter the UK for a short visit to family. They have previously been issued a caution under section 22 of the Criminal Justice Act 2003 with a condition prohibiting their return to the UK. This condition expired 5 years ago. Will this previous caution impact their application for permission to enter?

    <p>No, the caution and condition will not affect the application as the condition has expired. (B)</p> Signup and view all the answers

    An individual is seeking entry clearance to the UK to join their spouse, who is a British citizen. They have previously overstayed their permission in the UK for 10 years. They left voluntarily at their own expense. Will this overstay affect their current application for entry clearance?

    <p>Yes, the overstay will be considered a serious breach and likely result in the refusal of their application. (B)</p> Signup and view all the answers

    An individual applying for permission to enter the UK has previously overstayed their permission for less than 3 months, and they left the UK voluntarily, but at the expense of the Secretary of State. Will this overstay be disregarded?

    <p>No, the overstay will not be disregarded because the individual left at the expense of the Secretary of State. (D)</p> Signup and view all the answers

    Which of the following routes are NOT subject to the rules outlined in Part 9?

    <p>Appendix FM, excluding specific paragraphs outlined in Part 9. (A), Appendix Private Life, excluding specific paragraphs outlined in Part 9. (C)</p> Signup and view all the answers

    Under which circumstances is a reduction in salary not an exception to the rule in paragraph 9.31.1?

    <p>The person is a Skilled Worker who, after the change to the job, would score 20 tradeable points under option E in the table in paragraph SW 4.2, if they were to apply under Appendix Skilled Worker. (C)</p> Signup and view all the answers

    A Skilled Worker who is subject to a reduction in salary would still be permitted if they:

    <p>Have been granted permission under Tier 2 (General) Migrant and would score 20 tradeable points under SW 14.5(b) after the reduction. (A)</p> Signup and view all the answers

    A reduction in salary that occurs alongside a temporary reduction in hours due to individual health reasons is:

    <p>An exception if the reduction in pay does not lead to the hourly rate falling below any requirement previously applied to the individual. (C)</p> Signup and view all the answers

    The exception to the paragraph 9.31.1 rule for a Skill Worker undergoing a reduction in salary is:

    <p>The person must score a minimum of 20 tradeable points based on the specific conditions laid out for Skilled Workers in Appendix Skilled Worker. (D)</p> Signup and view all the answers

    The exception to the rule in paragraph 9.31.1 regarding salary reduction for a Tier 2 (General) Migrant is:

    <p>The person must have been considered a new entrant in their application for Tier 2 (General) permission and would score 20 tradeable points under option E in the table in paragraph SW 4.2, if they were to apply under Appendix Skilled Worker. (A)</p> Signup and view all the answers

    Which of the following does NOT relate to the exception for reduction in salary under paragraph 9.31.1?

    <p>The individual is on the 'Start-up' route and their endorsing body ceases to hold that status. (D)</p> Signup and view all the answers

    A reduction in salary for an individual on the Intra-Company or Global Business Mobility routes is only an exception if:

    <p>The individual is working for the sponsor group while not physically present in the UK. (D)</p> Signup and view all the answers

    Which route(s) are affected by the regulations outlined in paragraphs 9.25.1. and 9.27.1. to 9.31.1. during their 6-month requirement period?

    <p>The Scale-up Worker route (D)</p> Signup and view all the answers

    Which of the following scenarios would NOT result in a cancellation of a person's permission under the Skilled Worker route if they have changed jobs and the new job has a different SOC 2020 occupation code?

    <p>The person is changing to a job with a different SOC 2020 occupation code but the salary rate for the new job is the same or higher than the old job. (D)</p> Signup and view all the answers

    Under which of these circumstances would an individual on the Scale-up Worker route have their permission canceled due to a change of employer?

    <p>They change employers due to a job offer from a different sponsor, but the new role has a lower salary than their previous position. (D)</p> Signup and view all the answers

    A worker on the Temporary Worker route has been absent from work without pay for 5 weeks due to a personal emergency. Will their permission be canceled?

    <p>Yes, their permission will be canceled unless the emergency falls under one of the exceptions specified in the legislation. (C)</p> Signup and view all the answers

    A person on the International Sportsperson route has been loaned by their sponsor to another sports club for 3 months. Will their permission be canceled?

    <p>No, their permission will not be canceled as long as their sponsor has made arrangements with the loan club to continue meeting their sponsor duties. (B)</p> Signup and view all the answers

    A Skilled Worker on a graduate training program, with a changing job role and SOC occupation code, can avoid cancellation under which scenario?

    <p>The salary rate for the new job role is less than the previous position, but the organization has informed the Home Office. (C)</p> Signup and view all the answers

    Which of the following conditions does NOT apply to an International Sportsperson who has been loaned to another sports club to avoid cancellation of their permission?

    <p>The loan club must be approved by the Home Office. (B)</p> Signup and view all the answers

    Who is likely to have their work permission canceled under the Skilled Worker route?

    <p>A worker who is changing to a different job in the same SOC 2020 occupation code, but their salary is reduced by 10%. (C)</p> Signup and view all the answers

    A person on the Global Business Mobility route who has been absent from work without pay for 3 weeks due to a family emergency, will have their permission:

    <p>Not canceled, as the absence falls short of the 4-week limit for unpaid leave. (D)</p> Signup and view all the answers

    Which of the following scenarios will NOT lead to the automatic cancellation of a person's permission under the Skilled Worker route?

    <p>The person transitions to a new job with a different SOC code but receives an increased salary, and their sponsor has informed the Home Office of this change. (C)</p> Signup and view all the answers

    A person on the T2 Minister of Religion route is transferred to a different religious institution after 2 years of service with their original sponsor. Will their permission be canceled?

    <p>No, their permission will not be canceled as long as the new religious institution is also a sponsor approved by the Home Office. (C)</p> Signup and view all the answers

    An Innovator Founder's entry clearance or permission to stay may be cancelled if they are found to be the subject of any serious civil or criminal action. Which of these actions would be most likely to result in such a cancellation?

    <p>A conviction for tax evasion. (A)</p> Signup and view all the answers

    According to the passage, which one of these grounds for refusing entry clearance or permission to enter is NOT mentioned for both the Innovator Founder category and the general category of applicants?

    <p>Change of circumstances or purpose (C)</p> Signup and view all the answers

    Which of the following statements about the Innovator Founder category is TRUE based on the text?

    <p>An Innovator Founder's entry clearance can be cancelled if they are disbarred from acting as a director or carrying out regulated financial activities in any country. (A)</p> Signup and view all the answers

    A medical inspector's advice regarding an applicant's health can result in the refusal of entry clearance. What is the exception mentioned in the text?

    <p>If there are strong compassionate reasons justifying admission. (A)</p> Signup and view all the answers

    Which of these scenarios would most likely lead to the refusal of permission to enter at the UK border?

    <p>A person coming to the UK for a short vacation, but without prior entry clearance. (C)</p> Signup and view all the answers

    Which of these scenarios could result in the cancellation of a person's existing entry clearance or permission to stay in the UK?

    <p>The person engages in commercial activities without a business visa. (B)</p> Signup and view all the answers

    What is the primary premise for allowing a person who has been granted settlement to return to the UK?

    <p>The person must not have been absent from the UK for an extended period. (A)</p> Signup and view all the answers

    What are the consequences of a person committing a customs breach in the UK?

    <p>The person's entry clearance or permission may be cancelled, regardless of whether they are criminally prosecuted. (C)</p> Signup and view all the answers

    What is the primary criterion for determining if a person's entry clearance or permission can be canceled due to a ‘change in circumstances or purpose’?

    <p>The change in circumstances must be substantial and affect the original purpose of the person’s entry clearance. (C)</p> Signup and view all the answers

    Which of these scenarios is NOT a potential reason for refusing permission to stay in the UK?

    <p>A person intentionally misrepresents their financial resources in their application. (C)</p> Signup and view all the answers

    Which of the following scenarios is NOT a potential consequence of a person failing to produce a valid passport or travel document at the UK border?

    <p>The person's existing entry clearance is automatically cancelled. (A)</p> Signup and view all the answers

    What is the relationship between the rules governing the refusal of entry clearance and the rules governing the cancellation of existing entry clearance?

    <p>The rules for refusing entry clearance and cancelling existing entry clearance often overlap, with some grounds applying to both. (D)</p> Signup and view all the answers

    What is the key difference between an Innovator Founder being refused permission to stay and a general applicant being refused permission to stay?

    <p>An Innovator Founder's refusal may be based on financial misconduct, while a general applicant's refusal may not. (D)</p> Signup and view all the answers

    A person seeking entry to the UK is required to obtain an Electronic Travel Authorisation before travel. What is the most likely outcome if they arrive without this authorisation?

    <p>They will be refused permission to enter the UK. (C)</p> Signup and view all the answers

    Which of the following is NOT a potential consequence of failing to provide written consent for a child to travel to the UK, according to the text?

    <p>The child will be placed into temporary care until the parent or guardian can provide consent. (C)</p> Signup and view all the answers

    Under what circumstances would a person granted settlement be able to return to the UK even though their permission has lapsed?

    <p>If they have met the requirements outlined in Appendix Returning Resident. (D)</p> Signup and view all the answers

    Under which Appendix does the "Temporary Permission to Stay for Victims of Human Trafficking or Slavery" fall?

    <p>Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery (C)</p> Signup and view all the answers

    Which of the following paragraphs does not apply to applications for permission to stay under Appendix ECAA Extension of Stay?

    <p>9.4.3 (C)</p> Signup and view all the answers

    Under what condition does paragraph 9.8.2 (a) and (c) apply to applications for entry clearance under the ECAA Association Agreement?

    <p>When the criminal offence or adverse conduct occurred after 11pm on 31 December 2020. (C)</p> Signup and view all the answers

    Which of the following is not a ground for refusal or cancellation of entry clearance, permission to enter, or permission to stay based on criminality grounds?

    <p>The applicant has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record. (D)</p> Signup and view all the answers

    Which of the following Appendixes is subject to Part 9, but with specific exceptions noted?

    <p>Appendix Ukraine Scheme (D)</p> Signup and view all the answers

    What are the grounds for refusing entry clearance or permission to stay under Appendix Adult Dependent Relative based on criminality?

    <p>Only paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.13B.2.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1 apply, but paragraph 9.7.3 applies to permission to stay and paragraph 9.8.2 (a) and (c) applies to entry clearance. (C)</p> Signup and view all the answers

    What is the main difference in the application of Part 9 to applications for entry clearance under the ECAA Association Agreement and applications for permission to stay under Appendix ECAA Extension of Stay?

    <p>The time period for the criminal offence or adverse conduct. (B)</p> Signup and view all the answers

    Which of the following is not a ground for refusing an application for entry clearance, permission to enter, or permission to stay where the applicant's presence is not conducive to the public good?

    <p>The applicant's employment history. (C)</p> Signup and view all the answers

    Which of the following is not a category of Appendixes that fall under Part 9?

    <p>Appendix Adult Dependent Relative (D)</p> Signup and view all the answers

    In which of the following categories does Part 9 apply to all paragraphs?

    <p>Appendix Settlement Family Life (C)</p> Signup and view all the answers

    What is the primary purpose of a deportation order?

    <p>To remove an individual from a country. (B)</p> Signup and view all the answers

    Which of the following types of applications is not subject to Part 9?

    <p>Applications for entry clearance under Appendix ECAA Extension of Stay (B)</p> Signup and view all the answers

    Which of the following paragraphs applies when an application is refused due to a person being the subject of an exclusion order?

    <p>9.2.1 (A)</p> Signup and view all the answers

    Which of the following circumstances does not fall under "Non-conducive grounds" for refusing entry clearance or permission to stay?

    <p>When an applicant has been convicted of a minor offense but shows good character. (C)</p> Signup and view all the answers

    Which of the following Appendixes is not specifically mentioned as being subject to Part 9?

    <p>Appendix Electronic Travel Authorisation (A)</p> Signup and view all the answers

    When does Part 9 not apply to applications for entry clearance or permission to stay granted by virtue of the ECAA Association Agreement?

    <p>When the criminal offence or adverse conduct occurred before 11pm on 31 December 2020. (A)</p> Signup and view all the answers

    What is the main difference between paragraphs 9.4.1 and 9.4.2 regarding the application of criminality grounds?

    <p>Paragraph 9.4.1 is for refusals, 9.4.2 for cancellation of already granted clearance. (B)</p> Signup and view all the answers

    Flashcards

    Suitability Requirements

    Criteria that must be met for entry clearance or permission to stay.

    Grounds for Refusal

    Reasons a person's application may be denied based on suitability.

    Mandatory Decisions

    Decisions that must be taken according to set rules.

    Discretionary Decisions

    Decisions that may be taken based on the context.

    Signup and view all the flashcards

    Cancellation of Permission

    Revocation of a person's entry clearance or permission based on suitability.

    Signup and view all the flashcards

    UK Immigration Laws

    Legislation governing the refusal or cancellation of entry clearance.

    Signup and view all the flashcards

    Refugee Convention

    An international treaty ensuring refugees are treated fairly.

    Signup and view all the flashcards

    Specific Routes

    Particular paths through which suitability requirements may vary.

    Signup and view all the flashcards

    Appendix EU

    A section that outlines regulations for European Union applications.

    Signup and view all the flashcards

    ECAA Association Agreement

    Regulations granting entry clearance or permission to stay under EU conditions.

    Signup and view all the flashcards

    Criminality grounds

    Reasons to refuse entry based on criminal convictions.

    Signup and view all the flashcards

    Exclusion order

    A directive preventing an individual from entering the UK.

    Signup and view all the flashcards

    Deportation order

    A legal order to remove a person from the UK.

    Signup and view all the flashcards

    Non-conducive grounds

    Refusal based on the individual's presence being detrimental to public good.

    Signup and view all the flashcards

    Custodial sentence

    A prison sentence given to an offender.

    Signup and view all the flashcards

    Persistent offender

    An individual who repeatedly commits offenses.

    Signup and view all the flashcards

    Serious harm

    Significant injury or damage caused by criminal offenses.

    Signup and view all the flashcards

    Paragraphs and exceptions

    Specific rules detailing which provisions apply or not.

    Signup and view all the flashcards

    Application for entry clearance

    A request to enter the UK for specific reasons.

    Signup and view all the flashcards

    Appendix Settlement Family Life

    Guidelines for family-related settlement applications.

    Signup and view all the flashcards

    Appendix Victim of Domestic Abuse

    Provisions regarding victims seeking protection.

    Signup and view all the flashcards

    Appendix Temporary Permission

    Regulations for granting temporary status to specific groups.

    Signup and view all the flashcards

    Salary Reduction Exceptions

    Conditions under which salary reductions do not apply.

    Signup and view all the flashcards

    Intra-Company Transfers

    Salary reduction rules apply when working for a sponsor abroad.

    Signup and view all the flashcards

    Skilled Worker Salary Points

    Conditions to maintain 20 tradeable points after job changes.

    Signup and view all the flashcards

    Tier 2 (General) Migrant Changes

    Points required for Tier 2 migrants after job shifts.

    Signup and view all the flashcards

    Health-Related Salary Reduction

    Salary can reduce temporarily for health reasons with assessment.

    Signup and view all the flashcards

    Endorsing Body Status

    Permission may be canceled if an endorsing body loses status.

    Signup and view all the flashcards

    Scale-up Worker Salary Exceptions

    Salary reduction exceptions apply only for 6 months during sponsorship.

    Signup and view all the flashcards

    Temporary Permission Regulations

    Guidelines for specific groups under temporary status rules.

    Signup and view all the flashcards

    Permission to Stay

    Consent for a person to remain in a country after entry.

    Signup and view all the flashcards

    Ceasing to Meet Requirements

    When a person no longer qualifies for their visa or permit.

    Signup and view all the flashcards

    Dependent Grounds Cancellation

    Cancellation of a person's permission due to the cancellation of the sponsor's permission.

    Signup and view all the flashcards

    Withdrawal of Sponsorship

    When a sponsor withdraws support, affecting the person's permission.

    Signup and view all the flashcards

    Student Permission Cancellation

    A student's permission can be canceled if they fail language requirements.

    Signup and view all the flashcards

    Failure to Start Studies

    Cancellation of a student's permission if they do not begin their course.

    Signup and view all the flashcards

    Worker Permission Cancellation

    A person's work permission can be canceled if they do not commence employment.

    Signup and view all the flashcards

    Sponsor Loses License

    Cancellation of permission if the sponsor's license is revoked.

    Signup and view all the flashcards

    Change of Employer

    Transitioning from one employer to another which may affect permission.

    Signup and view all the flashcards

    Delays Beyond 28 Days

    Cancellation may occur if there are start delays exceeding 28 days.

    Signup and view all the flashcards

    Entry clearance refusal

    Application can be refused if convicted of a crime with a sentence under 12 months within last 12 months.

    Signup and view all the flashcards

    Non-custodial sentence

    A penalty that does not involve imprisonment but can still affect application if under 12 months.

    Signup and view all the flashcards

    Sham marriage

    Involvement in a fake marriage to gain immigration benefits can lead to application refusal.

    Signup and view all the flashcards

    False representations

    Misleading information or documents in an application can lead to refusal.

    Signup and view all the flashcards

    Criminal record impact

    A criminal conviction, whether custodial or non-custodial, may influence entry applications.

    Signup and view all the flashcards

    Immigration law breach

    Previously violating immigration laws can lead to application being refused.

    Signup and view all the flashcards

    Permission cancellation

    Entry clearance or permission can be revoked if conditions of entry are not met.

    Signup and view all the flashcards

    Protection claim

    A request for asylum or humanitarian protection can be affected by previous decisions.

    Signup and view all the flashcards

    Government Authorised Exchange

    A program allowing certain workers to participate in work exchanges.

    Signup and view all the flashcards

    Seasonal Worker

    A worker engaged in seasonal labor under a specific visa route.

    Signup and view all the flashcards

    Aggravating circumstances

    Additional serious factors that enhance the severity of a breach of rules may lead to refusal.

    Signup and view all the flashcards

    Transfer of Undertakings

    Regulations protecting employees during business transfers.

    Signup and view all the flashcards

    Relevant time period

    Timeframe within which previous immigration law breaches influence current applications.

    Signup and view all the flashcards

    Absence from Employment

    Consequences of being absent from work without pay for over 4 weeks.

    Signup and view all the flashcards

    Compliance with conditions

    Not obeying the terms of previous permissions may result in application refusal.

    Signup and view all the flashcards

    Secretary of State decisions

    Refusals can be made based on decisions from the Secretary of State about safety and legality.

    Signup and view all the flashcards

    Permissible Absences

    Situations where absence does not risk canceling permission.

    Signup and view all the flashcards

    Lower Salary Rate

    Change to a lower salary can lead to permission cancellation.

    Signup and view all the flashcards

    Immigration process cooperation

    Cooperating with immigration processes positively affects application outcomes.

    Signup and view all the flashcards

    Different SOC Code

    Changing jobs to a role with a different Standard Occupational Classification code.

    Signup and view all the flashcards

    Entry permission scope

    Refusal or cancellation can apply to any type of entry permission based on rule violations.

    Signup and view all the flashcards

    Graduate Training Program

    A program allowing job changes under specific conditions without penalty.

    Signup and view all the flashcards

    Sponsor Notification

    Requirement for sponsors to inform Home Office of job and salary changes.

    Signup and view all the flashcards

    Deception in Application

    Using false information in an immigration application can lead to refusal.

    Signup and view all the flashcards

    Previous Breach Criteria

    Conditions under which a person is considered to have breached immigration laws.

    Signup and view all the flashcards

    Overstaying Rules

    Overstaying may be disregarded if specific conditions are met.

    Signup and view all the flashcards

    Voluntary Departure

    Leaving the UK without being forced can affect overstay consequences.

    Signup and view all the flashcards

    Public Expense Departure

    If someone departed at public expense, different rules apply.

    Signup and view all the flashcards

    Multiple Breaches

    Only the most serious immigration breach affects future entries.

    Signup and view all the flashcards

    Permission Cancellation Grounds

    Reasons permission can be canceled due to non-compliance with conditions.

    Signup and view all the flashcards

    Failure to Comply

    Not attending interviews or providing needed information can result in refusal.

    Signup and view all the flashcards

    Common Travel Area

    Entry clearance may be denied if the person won't be accepted elsewhere.

    Signup and view all the flashcards

    NHS Charges

    Unpaid NHS charges over £500 can lead to application refusal.

    Signup and view all the flashcards

    Litigation Costs

    Failure to pay court costs can result in application denial.

    Signup and view all the flashcards

    Purpose of Stay

    Applicants must seek entry for purposes allowed by immigration rules.

    Signup and view all the flashcards

    Cancellation after Refusal

    Permission may be canceled after a refusal if specific conditions are met.

    Signup and view all the flashcards

    Reassessment Clause

    A previous application's denial can be quashed, allowing reconsideration.

    Signup and view all the flashcards

    Breached Conditions

    Failing to adhere to conditions attached to immigration permission can lead to refusal.

    Signup and view all the flashcards

    Innovator Fit Requirements

    Conditions to qualify as an Innovator Founder, including absence of serious legal issues.

    Signup and view all the flashcards

    Serious Investigations

    Refers to major civil or criminal inquiries into financial misconduct.

    Signup and view all the flashcards

    Disbarment Consequences

    Disqualification from being a director or engaging in financial activities.

    Signup and view all the flashcards

    Medical Entry Refusal

    Entry may be denied based on medical advice unless compassionate grounds exist.

    Signup and view all the flashcards

    Entry Clearance Requirement

    Needed permission for travel to the UK; lacking it leads to refusal.

    Signup and view all the flashcards

    Passport Verification

    Entry may be refused if identity documents are absent or suspicious.

    Signup and view all the flashcards

    Recognised Travel Document

    A valid passport or document accepted under UK law is mandatory.

    Signup and view all the flashcards

    Child Travel Consent

    Required written consent from parent or guardian for a child traveling alone.

    Signup and view all the flashcards

    Returning Resident Rules

    Conditions for a person with settlement status to return to the UK.

    Signup and view all the flashcards

    Customs Breach Grounds

    Entry refusal based on violation of customs rules, regardless of prosecution.

    Signup and view all the flashcards

    Change of Circumstances

    A condition where an applicant's situation has significantly changed, affecting entry.

    Signup and view all the flashcards

    Electronic Travel Authorisation (ETA)

    Necessary digital approval before arrival for certain travelers; lacking it leads to denial.

    Signup and view all the flashcards

    Persistent Anti-Social Behaviour

    Behavior leading to entry refusal if repeated alongside rough sleeping.

    Signup and view all the flashcards

    Rough Sleeping Status

    Living on the streets, may lead to permission refusal if unsuitable support is rejected.

    Signup and view all the flashcards

    Permission to Stay Conditions

    Criteria under which an individual's right to stay may be denied or revoked.

    Signup and view all the flashcards

    Study Notes

    Grounds for Refusal of Entry Clearance or Permission

    • Suitability requirements are mandatory for all immigration routes, in addition to validity and eligibility criteria.
    • A person may have their entry clearance or permission cancelled or refused for various suitability reasons. Multiple grounds may apply.
    • Refusal/cancellation decisions must uphold UK obligations under the Refugee Convention and European Convention on Human Rights.
    • Specific routes may have additional suitability requirements.

    Sections of Part 9

    • Part 9 is divided into 5 sections concerning application, grounds for refusal/cancellation, additional grounds for refusal/cancellation on UK arrival, additional grounds for refusing permission to stay, and specific route-related cancellation grounds.

    Section 1: Application of Part 9

    • Part 9 does not apply to specific appendices and routes (FM, Private Life, DELETED, EU, EU Family Permit, DWMS, Asylum (except certain paragraphs), ECAA Association Agreement applications, ECAA Extension of Stay applications, S2 Healthcare Visitor, Service Providers from Switzerland, Ukraine Scheme, Settlement Protection, Settlement Family Life, Temporary Permission to Stay for Victims of Human Trafficking or Slavery, Electronic Travel Authorization & Adult Dependent Relative applications). Specific paragraphs within these excluded sections are sometimes included.
    • Part 9 does apply to Appendix Victim of Domestic Abuse, Bereaved Partner, HM Armed Forces, International Armed Forces & International Civilian Employees, Adoption, Family Reunion (Protection), and Child staying with or joining a Non-Parent Relative (Protection).

    Section 2: Grounds for Refusal/Cancellation (Entry Clearance, Permission to Enter, Permission to Stay)

    Exclusion, deportation order, or travel ban

    • An application is refused if the Secretary of State has personally excluded the applicant or if the applicant has an exclusion order or deportation order.
    • Entry clearance or permission may be cancelled if the Secretary of State has personally directed exclusion.
    • Certain excluded persons are ineligible based on Immigration Act 1971, section 8B.

    Non-conducive to public good

    • An application may be refused if the applicant's presence is not conducive to the public good (e.g., conduct, character, associations).
    • Existing entry clearance or permission may be cancelled if the person's presence is no longer conducive to the public good.

    Criminality Grounds

    • Applications for entry clearance, permission to enter, or permission to stay may be refused if the applicant has a custodial sentence of 12 months or more for a criminal offence. Also, persistent offenders or those committing serious harm.
    • Entry clearance or permission may be cancelled if the person is a convicted criminal, a persistent offender, or committed serious harm.
    • Applications for entry clearance or short-term entry may be also refused or cancelled dependent of the conviction sentence for offences with less than 12 month sentence.

    Exclusion from asylum or humanitarian protection

    • An application may be refused if the Secretary of State has determined exclusion applies (based on Refugee Convention, danger to UK, or humanitarian protection grounds).
    • Existing entry clearance or permission may be cancelled if the Secretary of State has determined exclusion applies.

    Involvement in a sham marriage or civil partnership

    • An application may be refused if the applicant is involved in a sham marriage/civil partnership.
    • Existing entry clearance or permission may be cancelled if the applicant is involved in a sham marriage/civil partnership.

    False representations, etc.

    • An application may be refused if false representations, documents, or information are provided.
    • An application may be refused if deception is used in the application.
    • Entry clearance or permission may be cancelled for the prior reasons.
    • Specific permission extended under the Immigration Act 1971 section 3C may be cancelled for deception.

    Previous breaches of immigration laws

    • Applications for entry clearance or permission to enter may be refused if the applicant has previously breached immigration laws within a relevant time period.
    • Applications may be refused if the applicant has previously breached immigration laws outside this time frame, or has in a significant way tried to undermine the rules, or if there is other aggravating circumstances (uncooperative redocumentation or illegal entry).
    • Permission to stay may be refused if a person previously failed to comply with their permission conditions, unless it was granted with the breach known.
    • Deception in prior applications may also be grounds for refusal regardless of prior compliance, unless the relevant criteria of previous breach is met.
    • Overstays with specific conditions or under specific circumstances may be considered as no longer a breach.

    Section 3: Additional grounds for refusal on arrival in the UK

    No entry clearance

    • Permission to enter may be refused if the applicant is required to obtain entry clearance in advance, and does not have it.

    Failure to produce passport, etc.

    • Permission to enter may be refused if the passport/travel document doesn't establish identity and nationality.
    • Exceptions apply for stateless persons.
    • Permission may be refused if the document is illegitimate.

    Medical reasons

    • Permission to enter may be refused if deemed undesirable for medical reasons.
    • Permission to enter for a child may be refused if not travelling with a parent/guardian and they don't provide written consent.

    Returning residents

    • Returning residents may be refused if their leave has lapsed, other than where it would apply under Appendix Returning resident.

    Customs breaches

    • Permission to enter may be refused or cancelled if a customs breach is established.

    Change in circumstances or purpose

    • Entry clearance or permission may be cancelled if there's a significant change of circumstances since it was granted, or if the reason for entry has changed.
    • Entry clearance or permission on arrival in the UK may be cancelled if the person's purpose differs from their entry clearance.
    • Electronic Travel Authorisation requirement may cause denial if not provided.

    Section 4: Additional grounds for refusal of permission to stay

    Rough sleeping

    • Permission to stay may be refused or cancelled if the person has repeatedly refused support and engaged in anti-social behavior while rough sleeping.

    Crew members

    • Permission to stay may be refused to crew members unless the stay is for the same purpose as the entry.

    Section 5: Additional grounds for cancellation of entry clearance/permission

    Ceasing to meet requirements

    • Entry clearance or permission may be cancelled if requirements under the applicable rules aren't met.

    Dependent status

    • Entry clearance or permission may be cancelled if the applicant is a dependent of an individual whose approval has been terminated.

    Withdrawal of sponsorship/endorsement

    • Entry clearance or permission may be cancelled if sponsorship or endorsement is withdrawn (including detailed exceptions for specific routes, like Student, Child Student, Skilled Worker, Intra-Company, Global Talent, etc).
    • Specific conditions are included, e.g., English language proficiency for students or withdrawal of funding, for different routes and groups.

    Student does not start course or ceases to study

    • Entry clearance or permission of students may be cancelled if they don't commence or cease study

    Worker does not start work or ceases employment

    • Entry clearance or permission may be cancelled if the worker does not commence work or ceases employment prior to the scheduled employment end date.
    • Entry clearance or permission may be cancelled if the sponsor loses their licence or transfers the business.

    Change of employer

    • Entry clearance or permission may be cancelled if the worker changes employers, unless specific exceptions apply.

    Absence from employment

    • Entry clearance or permission may be cancelled for lengthy absences from employment (detailed exceptions are included, e.g., statutory leave, crises, industrial action etc.).

    Change of job/lower salary rate

    • Entry clearance or permission may be cancelled due to change in job or lower salary (specific exceptions for different routes and circumstances are included).

    Endorsing body no longer approved

    • Entry clearance or permission may be cancelled if the endorsing body is no longer approved for the specific route.

    Exception for Scale-up Workers

    • Specific exceptions are described relevant to Scale-up Workers (related to the 6-month period of required work for their sponsor.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Test your knowledge on immigration regulations, particularly under Appendix V: Visitor. This quiz covers various grounds for refusal of entry clearance and permissions, including schemes against sham marriages and false representations. Understand the nuances of different sections in the immigration context.

    More Like This

    Employment Authorization in India
    10 questions

    Employment Authorization in India

    GlimmeringLilac avatar
    GlimmeringLilac
    UK Visa Regulations Quiz
    39 questions

    UK Visa Regulations Quiz

    UnmatchedWilliamsite2056 avatar
    UnmatchedWilliamsite2056
    Immigration Misrepresentation Regulations
    48 questions

    Immigration Misrepresentation Regulations

    LyricalEuphoria7098 avatar
    LyricalEuphoria7098
    UK Visa English Language Requirements
    8 questions

    UK Visa English Language Requirements

    EffectiveSard1226 avatar
    EffectiveSard1226
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser