Hi guys, I came here last week because I needed some advice regarding a Spouse visa application refused on P320(11), but further reading, I've discovered that they have used S-EC 1.5 for refusal also.
Ive read over online 100's court cases regarding S-EC1.5 and researched over & over. I am led to believe that to get refused under S-EC1.5, it would need to be something very serious, apart from overstaying and working illegally. Am i right?
In the EMO refusal letter it states -
The exclusion of the applicant from the U.K is conducive to the public good because, for example, the applicants conduct, character, associations, or other reason, make it undesirable to grant them entry.
I am satisfied this is applicable in your case given your previous immigration history.
Extracts from caseworkers handbook:
Where consideration is to be given to exclusion on conducive grounds, refer to the paper entitled ‘’General grounds for refusal Section 1 of 5: about this guidance, general grounds for refusal and checks’’, in which (at page 102) the following guidance is given to decision-makers:
Refusal of entry clearance, leave to enter and leave to remain is mandatory where:
• A person is a member of a proscribed group
• A person is suspected of war crimes or crimes against humanity
• A person’s presence is undesirable because of their character, conduct or associations
• A person’s presence might lead to an infringement of UK law or a breach of public order
• A person’s presence may lead to an offence being committed by someone else.
When can I refuse on character, conduct or associations? Published in November 2013 caseworker handbook:
A non-exhaustive list could include:
Low-level criminal activity. Association with known criminals. Involvement with gangs. Pending prosecutions. Extradition requests. public order risks. Prescribed organizations. Unacceptable behaviors. Subject to a travel ban. War crimes. Article 1F of the refugee convention. Deliberate debiting. Proceeds of crime and finances of questionable origins. Corruption. Relations between the UK and elsewhere. Assisting in the invasion (sic) of the immigration control. Hiring illegal workers. Engaging in deceitful or dishonest dealings with Her Majesty’s Government.’
My questions is, has the ECO's used 'overstaying and working illegally' in error with regards with S-EC1.5?
Because to me, overstaying and working illegally don't justify refusal under S-EC1.5, It has to be much more serious than just that.
Any advice or help is appreciated