'Significantly contrived to frustrate the Immigration Rules'

[jilly cooper]

Hi everyone. This is a bit daft but I was just wondering about this rule. Is this only appicable for entry clearance or is this extended within the in country applciation?

I am asking as my leave to remain has been curtailed without my knowedge. I posted my problem before and altough a WP has been approved, I am not sure whether this would be the case with my leave to remain as I understand they are totally using different criteria.

Thanks in advance!

[vinny]

If this was from 26.17 - Refusal where the applicant has previously breached the UK's immigration laws, then it refers to leave to enter or entry clearances applications 320(7B).

[jilly cooper]

If this was from 26.17 - Refusal where the applicant has previously breached the UK's immigration laws, then it refers to leave to enter or entry clearances applications 320(7B).

Thanks for the swift reply. Yes, but my question is does it apply to leave to remain in the UK?

I have been reading lots for the last few weeks and I can't seem to find anything. I have already read the links but I am a bit confused whether this would actually apply to leave to remain, in-country application.

Can anyone re-direct me please? Or am I just being daft by not reading between the line?

Thanks again!

[Mr Rusty]

I think you need to look at Para 322 of the Immigration Rules, possibly subPara (3) - failure to observe conditions etc.

This is also covered in IDIs (Immigration Department Instructions) Chapter 9 S4.

[jei2]

Can you give us a bit more information about your background?

[jilly cooper]

Thanks everyone especially to you Mr Rusty. The linked you provided was of massive help in terms of understanding my own circumstances.

For info, I did not know that my WP was non-transferrable. I only happed to know this early 2008. I have been using the same WP since 2005 and moved from one employer to another. My leave to remain (which would expire around mid this year) has been curtailed last year without my knowledge as I moved address. My current employer who terminated my contract was lucky enough to be given a new WP. When I went to Croydon, the caseworker told me that I should be submitting my FLR (IED) through post, of which I did. Upon reading further literature, I stumbled into this HC321. Of which I was totally petrified.

No confirmation from the HO if they recieved my documents but I am trying my best to keep my head over my shoulder. And I can only do this by reading and knowing as much as I can.

What do you think are the chances that my leave to remain will be approved or denied based on the new initiatives?

Thanks again!

[jei2]

As stated above, you will be affected by the in country rules. If your employer has been granted a WP for you and if you're lucky you might be able to get the FLR(IED).

But you'll have to start your 5 years all over again.