General grounds 320 (11) advisory

Further to Vicky's comment in http://talk.uk-yankee.com/index.php?topic=48709.msg689059#msg689059 on 320 (11)... 

These refusals are starting to appear.  It has not affected Americans yet and we would like to avoid it as much as possible.

If you had anything whatever to do with UK immigration in the past and you don't disclose it, YOU WILL BE IN TROUBLE.

If you tell them you don't know what your case number was or you don't know what the outcome of your case or application was, YOU WILL BE IN TROUBLE.

If you don't describe all the facts exactly the way they happened, YOU WILL BE IN TROUBLE.

These things are contrivances.  They have the power to separate families where there has been a contrivance.  So be careful.  Keep records.

I'll put something permanent on Transpondia in December.  But for the moment feel free to vector this advisory any place you think it would help.

Eyes wide, peeps.

 

Also in laymens terms (sorry Garry) here is the current 320(11):

(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.

Which Garry is saying that if they want to refuse you, they can use this clause to refuse you by finding the smallest and most insignificant thing.  Now obviously this was intended for people who really lie about something, but they have made it overbroad and some people are using it inappropriatly.

Garry/Vicky, I don't know if the guidence was ever issued, but somehow I suspect it wasn't or hasn't yet?

There is guidance on the VSD site.  And there's a policy letter in the pipeline.  That, plus two Ministerial Statements.

What we're dealing with now is field interpretations, and it's rather a hairy situation.

See also Entry clearance guidance changed once more - is discretion coming back? and 26.18 Refusing where the applicant has contrived in a significant way to frustrate the intentions of the immigration rules [Updated 9 July 2008]

Could you link to the VSD advisory please?  I can't find it.

Vicky