Part 9 General ground of refusal clarification

[theops]

Hi,

In Part 9 General ground of refusal it says that


320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:
Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom.

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or

(v) was removed or deported from the UK more than 10 years ago.

So as per the highlighted section "(7) save in relation to a person settled in the United Kingdom", What does this mean ? Does it mean that the section (7a) & (7b) doesn't apply to someone who is settled(Indefinite leave) here ?

[Mr Rusty]

7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom. .....
So as per the highlighted section "(7) save in relation to a person settled in the United Kingdom", What does this mean ? Does it mean that the section (7a) & (7b) doesn't apply to someone who is settled(Indefinite leave) here ?

In reply to your pm, no I don't think it means that.

What I think it does mean is that entry clearance or leave to enter the UK is to be refused if a Medical Inspector certifies that someone should be excluded from the UK for medical reasons unless that person is already settled in the UK or there are strong compassionate reasons.