Is this not relevant:
26.17.4 When does rule 320(7B) not apply? [Updated 9 July 2008]
Under paragraph 320(7C) of the immigration rules, You must also not refuse an applicant under 320(7B) if they are applying in the following categories:
Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiance(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relatvie (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UKâ€™s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:
The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).
In addition you must not refuse an applicant under 320(7B) if:
false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false (paragraph 26.17.5 below);
the applicant has raised human rights issues (in particular right to family life under Article
which would justify issuing the entry clearance;
the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules;
the period specified in 26.17.2 for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.
Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the â€œsignificantly contrived to frustrateâ€