General Grounds for Refusals – Part 9

Migrants who are applying for entry clearance or leave to remain in the UK, must meet the suitability requirements and their applications will be assessed against the general grounds for refusal set up under Part 9 of the Immigration Rules. It applies to almost all immigration routes, but there might be exceptions for some schemes, for instance, those who are applying under Appendix FM of the Immigration Rules, Appendix EU, and Appendix S2 Healthcare Visitor etc.

General grounds for refusal explained

Under Section 2 of Part 9 of the Immigration Rules, the main general grounds for refusal are as follows:

  • Exclusion or deportation order grounds:

Permission to enter or permission to stay must be refused or cancelled where the Secretary of State has personally directed that the migrant be excluded from the UK. A visa can also be refused if the applicant is the subject of either an exclusion or deportation order.

  • Non-conducive grounds:

Permission must be refused or cancelled where the individual’s presence in the UK is not conducive to the public good, for instance, because of their conduct, character, associations or other reasons. This includes convictions which do not fall within the criminality grounds.

  • Criminality grounds:

Permission must be refused or cancelled where the migrant has been convicted of an offence in either the UK or overseas and they have received a custodial sentence of 12 months or more; is a persistent offender who has shown a particular disregard for the law; or has committed an offence, or offences, which have caused serious harm.

In addition, permission might be refused or cancelled where the applicant has been convicted of a criminal offence in either the UK or overseas for which they have received a custodial sentence of less than 12 months, or for which they have received a non-custodial sentence or an out-of-court disposal that is recorded on their criminal record.

  • Involvement in a sham marriage or civil partnership grounds:

An application may be refused or cancelled where it’s more likely than not that the applicant is, or has been, involved in either a sham marriage or sham civil partnership.

  • False representations, etc. grounds:

Permission might be refused or cancelled where, in relation to the application, or in order to obtain documents in support of the application, false representations are made, or false documents or false information submitted, or relevant facts are not disclosed, whether or not to the applicant’s knowledge.

In addition, a visa must be refused or may be cancelled where there is proof that it’s more likely than not the migrant used deception in the application.

  • Previous breach of immigration laws grounds:

A visa must be refused where the individual has previously breached immigration laws and the application is made within a relevant time period, for instance, within a period of 10 years if the applicant was deported or removed from the UK at the public expense. The relevant time period under paragraphs 9.8.1. and 9.8.2. is as set out in the following table:

 

Time from date the person left the UK (or date of refusal of the application under row (f))This applies where the applicantAnd the applicant left the UKAnd the applicant left the UK
(a) 12 monthsleft voluntarilyat their own expenseN/A
(b) 2 yearsleft voluntarilyat public expenseWithin 6 months of being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later.
(c) 5 yearsleft voluntarilyat public expensemore than 6 months after being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is later.
(d) 5 yearsleft or was removed from the UKas a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 (and providing that any condition prohibiting their return to the UK has itself expired)
(e) 10 yearswas deported or removed from the UKat public expense
(f) 10 yearsUsed deception in an application (for visits this applies to applications for entry clearance only).

 

Please note that a period of overstaying will be disregarded where the migrant left the UK voluntarily not at the expense (directly or indirectly), and the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017, or paragraph 39E applied to the period of overstaying.

  • Failure to provide required information, etc grounds:

A visa may be refused or cancelled where the individual or visa holder fails without reasonable excuse to comply with a reasonable requirement to attend an interview, provide information, provide biometrics, undergo a medical examination or provide a medical report.

There are some other general grounds for refusal, including debt to the NHS (a total value of at least £500) or unpaid litigation costs etc.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.


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