Applicants for entry clearance or leave to remain in the United Kingdom must satisfy a variety of suitability requirements and avoid general grounds for refusal.

‘Suitability’ requirements are related to the visa applicant’s ‘good character’ and must be met in addition to application validity and eligibility requirements for nearly all immigration routes.

If you breach the general grounds for refusal, your visa application will be refused even if you are a global talent visa applicant with highly desired credentials and expertise. Additionally, entering the UK does not mean that you can disregard the immigration rules since if you breach part 9 of the immigration rules, you might be asked to leave the UK before your visa is set to expire and your future immigration applications might be refused.

What are the general grounds for refusal?

The "general grounds for refusal" are described in part 9 of the immigration rules and include reasons why an immigrant would be deemed inappropriate to enter or remain in the UK (such as criminality).

Ground 1: Exclusion from the UK

A visa application or entry clearance must be canceled if a deportation order has been issued or if a person has been excluded from the UK. There is no discretion.

Ground 2: Approval is deemed not conducive to the public good

Permission to enter or stay in the UK must be refused if your presence in the UK is considered not to be in accordance with the public good. There is no discretion. Exclusion for the public good could occur because of an applicant’s convictions or character.

Ground 3: Criminality

Permission must be refused or canceled where the applicant has been convicted of an offense 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 offense, or offenses, which have caused serious harm. Further, permission may be refused or canceled where the applicant has been convicted of a criminal offense in either the UK or overseas for which they have received a custodial sentence of fewer 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.

Ground 4: Exclusion from asylum or humanitarian protection grounds

Permission to enter or stay may be refused or existing clearance or permission canceled where the Secretary of State has determined that a person:

• should be excluded from Refugee Convention
• is a danger to the UK
• should be excluded from a grant of humanitarian protection
• should have their humanitarian protection revoked on the grounds of exclusion

Ground 5: Involvement in a sham marriage or civil partnership

The Home Office may refuse a visa or cancel permission where they assess that it is more likely than not that the applicant is or was involved in a sham or fake marriage or civil partnership.

Ground 6: False representations

The Home Office may refuse or cancel permission where, in relation to the application, or in order to obtain documents in support of the application, false representations are made, false documents or false information are submitted, or relevant facts are not disclosed, whether or not to the applicant’s knowledge. Further, a visa must be refused or may be canceled where there is proof that it’s more likely than not that some form of deception was used in the application, although this would require evidence of some dishonesty directly on the part of the applicant.

Ground 7: Previous breach of immigration laws

It is a reason for refusal or cancellation of entry clearance if an applicant or visa holder has previously breached UK immigration laws. For example, within a period of 10 years if the applicant was deported or removed from the UK at the public expense. A visa may also be refused where the applicant has previously breached immigration laws, albeit outside the relevant time periods, but there are other aggravating circumstances, such as failing to report.

Ground 8: Failure to provide the required information

When a visa holder or applicant fails to comply with a reasonable requirement, such as attending an interview or providing information or biometrics, or submitting a medical report, permission may be refused or canceled.

Ground 9: Others

The Home office may refuse permission for various other reasons including:

• Admissibility to the Common Travel Area or other countries – whereby a person is seeking entry to the UK with the intention of entering another part of the Common Travel Area
• Debts are owed to the NHS
• Litigation costs were awarded to the Home Office in a previous case, and these are unpaid

In some cases, more than one ground for a refusal or cancellation decision can apply.

However, there are some exceptions or discretion to the operation of the general grounds of refusal.

For instance, in the context of criminality, if an applicant has been convicted of an offense and they have received a custodial sentence of 12 months or more, their application to enter or stay in the UK ‘must’ be refused or canceled. In contrast, if they have committed an offense for which they were given either a custodial sentence of fewer than 12 months, or an out-of-court disposal or non-custodial sentence, the caseworker ‘may’ refuse or cancel their visa, but they can exercise some discretion here depending on the circumstances.

This implies that even with a criminal record, an applicant may be able to get a visa or still be allowed to stay in the UK, although much will depend on the nature of the offense involved, the sentencing received, and any mitigating factors that can be taken into account.

We offer specialized advice on eligibility requirements in areas like general grounds for a refusal to UK immigration and visa applicants. Contact us if you need expert advice.