Part 9 of the Immigration Rules outlines suitability requirements which will result in the refusal of an immigration application; these are known as the general grounds for refusal. Some routes, such as the partner route, have their own specific suitability requirements, but most applications for entry clearance and permission to stay in the UK will simply refer to the general grounds.

Some grounds are mandatory (must) and some are discretionary (may). However, even decisions made with reference to the mandatory grounds must be compatible with the UK’s obligations under the Refugee Convention and European Convention on Human Rights.

The following is a summary of the most common grounds for refusing applications. This is not a comprehensive explanation so if your situation is nuanced, please get in contact with us.

Mandatory Grounds

• Exclusion Order – The Secretary of State has personally directed that the applicant be excluded from the UK, or the applicant is the subject of an exclusion order.
• Deportation Order – The applicant is the subject of a deportation order, or a decision to make a deportation order.
• Public Good – The applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations, or other reasons.
• Criminality – Four circumstances:

1. The applicant 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.
2. The applicant is a persistent offender who shows a particular disregard for the law.
3. The applicant has committed a criminal offence, or offences, which caused serious harm.
4. The applicant is applying as a visitor, or for entry on arrival for less than 6 months, and has been convicted of a criminal offence in the UK or overseas for which they have received either a custodial sentence of less than 12 months, a non-custodial sentence, or an out-of-court disposal recorded on their criminal record, unless more than 12 months have passed since the end of the custodial sentence, or if there was no custodial sentence, the date of conviction.

• Deception – It is more likely than not that the applicant used deception in an application.
• Breaches of immigration law – The applicant previously breached immigration laws (overstayed, breached a condition, illegally entered), and makes a further application whilst on a re-entry ban. Applicants who left the UK voluntarily and at their own expense face a minimum ban of 12 months, whilst the maximum ban of 10 years applies in cases involving a finding of deception.
• Common Travel Area – The applicant is seeking entry to the UK with the intention of entering another part of the Common Travel Area and fails to satisfy the decision maker that they are acceptable to the immigration authorities there.

Discretionary Grounds

• Criminality – Two circumstances:

1. The applicant 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.
2. The applicant 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.

• Exclusion from asylum or humanitarian protection – If the Secretary of State has decided that the applicant should be excluded from protection with reference to paragraphs 339AA, 339AC, 339D, or 339GB of the Immigration Rules.
• Sham marriage – The decision maker is satisfied that it is more likely than not that the applicant is, or has been involved in a sham marriage or sham civil partnership
• False representations, failure to provide information etc – some circumstances:

1. The applicant has made false representations, submitted false documents or false information, or failed to disclose relevant facts.
2. The applicant 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.

• Breaches of immigration law – The applicant previously breached immigration laws (overstayed, breached a condition, illegally entered), and makes a further application whilst not on a re-entry ban but the applicant previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances, such as a failure to cooperate with the redocumentation process, using a false identity, or a failure to comply with enforcement processes (including failing to report).
• Debt and litigation costs – The applicant had failed to pay charges to the NHS amounting to at least £500, or failed to pay litigation costs awarded to the Home Office.
• Medical grounds - A medical inspector advises that for medical reasons it is undesirable to grant entry clearance or permission to enter, unless the decision maker is satisfied that there are strong compassionate reasons justifying admission.
• Rough sleeping – An applicant has been rough sleeping in the UK and has repeatedly refused offers of suitable support and has engaged in persistent anti-social behaviour.

Why choose Latitude Law?

We understand how challenging it can be to navigate the UK visa process. Let our team of experienced immigration solicitors confidently guide you through the application steps.

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Call Latitude Law today on 0300 131 6767, or fill out our online enquiry form and we will get straight back to you. Let our legal experts take the uncertainty out of your application.