28 Feb General grounds of refusal in the Immigration Rules
Part 9 of the Immigration Rules contains the general grounds for refusal. These rules enable or even make mandatory the refusal of an immigration application that would otherwise meet the relevant criteria. If we investigate Part 9: Grounds of refusal, there are five sections in the overall structure:
- Application of this Part;
- Grounds for refusal, or cancellation of, entry clearance, permission to enter and permission to stay;
- Additional grounds for refusal of entry, or cancellation of entry clearance or permission, on arrival in the UK;
- Additional grounds for refusal, or cancellation, of permission to stay;
- Additional grounds for cancellation of entry clearance, permission to enter and permission to stay which apply to specified routes.
This article will only discuss the general grounds leading to visa refusal in the first two instances.
According to Section 1, some type of visa/immigration applications are not subject to Part 9. For instance, Appendix EU, Appendix EU Family Permit, Appendix S2 Healthcare Visitor and Appendix Service Providers from Switzerland are excluded. With other type of immigration categories, only few of the grounds might apply to when particular circumstances arise. These categories are: Appendix FM; Appendix Armed Force; Part 11 (Asylum); Appendix Ukraine Scheme.
Section 2, from 9.2.1 to 9.13.1, contains the grounds on which basis an application for permission (i.e. leave) to enter to stay can be refused and the grounds on which permission can be cancelled once issued
| 9.2 | Exclusion, deportation order or travel ban grounds |
| 9.3 | Non-conducive grounds |
| 9.4 | Criminality grounds |
| 9.5 | Exclusion from asylum or humanitarian protection grounds
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| 9.6 | Involvement in a sham marriage or sham civil partnership grounds
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| 9.7 | False representations, etc. grounds
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| 9.8 | Previous breach of immigration laws grounds
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| 9.9 | Failure to provide required information, etc grounds
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| 9.10 | Admissibility to the Common Travel Area or other countries grounds
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| 9.11 | Debt to the NHS grounds
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| 9.12 | Unpaid litigation costs grounds
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| 9.13 | Purpose not covered by the Immigration Rules grounds
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Among these, there are some very general rules, such as 9.3, not conducive to the public good; 9.6, being involved in a sham marriage or civil partnership and some, which are very specific, such as owning a debt to the NHS.
Criminal grounds
- Mandatory refusals for criminality
9.4.1. An application for entry clearance, permission to enter or permission to stay must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm.
……
9.4.4. An application for entry clearance or permission to enter under Appendix V: Visitor, or where a person is seeking entry on arrival in the UK for a stay for less than 6 months, must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, unless more than 12 months have passed since the end of the custodial sentence; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record, unless more than 12 months have passed since the date of conviction.
- Discretionary refusals for criminality/bad character
9.4.3. An application for entry clearance, permission to enter or permission to stay may be refused (where paragraph 9.4.2. and 9.4.4. do not apply) where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.
Unlike short-term visas, non-custodial sentences or out-of-court disposition records do not necessarily lead to visa refusal and need to be considered on a discretionary basis.
False representations
9.7.1. An application for entry clearance, permission to enter or permission to stay may be refused where, in relation to the application, or in order to obtain documents from the Secretary of State or a third party provided in support of the application:
(a) false representations are made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) relevant facts are not disclosed.
9.7.2. An application for entry clearance, permission to enter or permission to stay must be refused where the decision maker can prove that it is more likely than not the applicant used deception in the application.
The rules are very clear and concise, but it is important to note that the use of “fraudulent means” is very open to interpretation and will lead to a number of subsequent adverse outcomes, triggering the application of 9.8. Previous breach of immigration laws grounds and might continue to have an adverse impact on subsequent visa applications.
Previous breach of immigration laws grounds
According to 9.8.4, a person will only be treated as having previously breached immigration laws if when they were aged 18 or over and they (a) overstayed their permission and neither paragraph 9.8.5. nor paragraph 9.8.6. apply; or (b) breached a condition attached to their permission and entry clearance or further permission was not subsequently granted in the knowledge of the breach; or (c) were (or still are) an illegal entrant; or (d) used deception in relation to an application (whether or not successfully).
- Mandatory refusal for violation
9.8.1. An application for entry clearance or permission to enter must be refused if:
(a) the applicant has previously breached immigration laws; and
(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.
9.8.7 regulates all the entry bans as per the chart below:
| No ban | Overstayed for 30 days (90 days if before April 2017) and left the UK voluntarily at own expense |
| 1 year | Entered illegally, overstayed, breached condition attached; deception but left the UK voluntarily at own expense |
| 2 years | … but left the UK voluntarily within 6 months of being given notice of liability for removal or when they no longer had a pending appeal or administrative review, whichever is late, at public expense |
| 5 years | … but left the UK voluntarily more 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, at public expense. |
| 5 years | … left or was removed from the UK as a condition of a caution |
| 10 years | … was deported or removed from the UK at public expense |
| 10 years | … Used deception in an application (for visits this applies to applications for entry clearance only). |
- Discretionary refusals for violation
9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.
Significantly, unlike other sections in Part 9, paragraph 9.8.2(a) and (c), does apply to Appendix FM applicants (but only in entry clearance applications).
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