The Home Office will not necessarily refuse a UK visa to a person with a prior immigration offense or other issues. Immigration breaches might include deportation, refusal of entry at the UK border, illegal entry into the UK, overstaying on your UK visa, criminal offenses, or the breach of immigration rules of another country. There are certain circumstances under which the UK may refuse your application on such grounds.

 

Previous breaches of immigration law may make visa applications invalid. Inadequately addressing a previous breach in an application can also result in a refusal.

 

There are several ways that an applicant has previously breached the UK's immigration laws by:

 

 

The applicant will be prohibited from entering the United Kingdom for the duration of the exclusion period, the length of which is dependent on the particular circumstances. 

 

Please be advised that these mandatory grounds for refusal cannot be invoked against applicants who are spouses, unmarried partners, civil partners, fiancées, parents, grandparents, or other dependent relatives (as per Immigration Rule 317). Additionally, they do not apply if the applicant was under the age of eighteen at the time of the most recent breach.

 

 

Overstaying

 

A previous overstay of fewer than 14 days will not outcome in an automatic refusal. However, despite the fact that it should not affect any application, depending on the Entry Clearance Officer, it may be held against an applicant's credibility.

 

Those who have previously overstayed by more than 14 days are refused entry clearance for different periods of time, depending on whether they departed voluntarily and at their own expense or at the Secretary of State's expense.

 

 

Breach a condition attached to their leaves

 

These conditions refer to a person's permission to enter or remain in the United Kingdom. These may include restrictions on employment, occupation, or studies, as well as requirements regarding residence, police registration, or reporting to an immigration officer.

 

Working in the United Kingdom while on a visa that prohibits employment is illegal. Even if a person has a work-permitting visa, they are typically not permitted to work as a doctor or dentist in training, so it is crucial to be aware of these restrictions before applying for a UK visa.

 

 

Being an illegal Entrant

 

Illegal entry is entering the United Kingdom without permission, unless permission is not required.

 

Illegal entrants fall into three main categories: (1) those who entered the UK without leave or who have absconded after being granted temporary admission; (2) those who enter in breach of a deportation order; (3) those who have secured leave by means of material deception.

 

 

Using Deception

 

Deception is not defined in the Immigration Rules. The Home Office guidance states:

 

“There is a distinction between information that is false but where you are not satisfied there was an intention to deceive by the applicant and cases where you are satisfied there was a deception by the applicant.”

 

Using deception to obtain or seek to obtain leave to enter or remain in the UK (or to avoid, postpone or revoke an enforcement action) is an immigration offense and it may be done by lying in an application for a visa.

 

It is classed as its own breach of immigration law, there is a further basis for automatic refusal.

 

 

How should previous bad immigration history be addressed in visa application?

 

When the applicant has breached more than one of the UK’s immigration laws, that breach which leads to the longest period of absence from the UK needs to be taken into account.

 

If there is an active automatic re-entry ban, it is probably not a good idea to submit an application; the best course of action may be to wait until the re-entry ban expires, as any application is likely doomed to fail. Obviously, if you believe that the re-entry prohibition was improperly imposed, you may be able to contest this decision through an appeal. It may also be possible to petition for permission outside of the Rules if the circumstances warrant it.

 

If you have previously breached immigration laws, but an automatic ban does not apply, it is crucial that you address the circumstances of the breach in your application, regardless of whether the breach was overstaying, unlawful entry, breach of conditions, or deception.

 

It is recommended to clarify any compassionate circumstances surrounding the breach and, if possible, provide independent, verifiable evidence of these circumstances. For example, if you overstayed your visa because you were receiving emergency treatment in a hospital, you should provide proof of your medical treatment. The Home Office has outlined what constitutes an acceptable "good reason" for missing a visa's expiry date. You must be able to demonstrate the existence of extraordinary circumstances and provide evidence to support the compassionate reasons for the breach.

 

If you have worked in violation of a condition, but the work was necessary to prevent your children from becoming destitute, you may submit proof that you worked no more than was required to support your family.

 

Because most visa applications require you to disclose prior violations of immigration law or tick a box stating that you have never done so, the Home Office may regard any failure to disclose such breaches as deception. However, a finding of deception by the Home Office can lead to a 10-year automatic ban on re-entering the UK.

 

 

For expert advice on suitability issues in immigration applications and previous breaches of immigration laws, contact us at 0203 865 6219 or leave a message.