General grounds for refusal come under Part 9 of the Immigration Rules. They refer to the provisions due to which your UK visa application for entry clearance, leave to enter, or leave to remain may be refused. Your application may be refused based on the existence of one of the general grounds for refusal even if you meet the other requirements of a particular visa.
Certain sections of part 9 of the immigration rules make it mandatory for the UKVI to refuse a visa application, whereas certain sections of part 9 provide the UKVI the discretion to the immigration officer to exercise the discretion in your favour or not, when making a decision on your visa application.
In this article, we will discuss some sections of part 9 of immigration rules (general grounds for refusal) where the UKVI must refuse and may refuse a UK visa application.
General grounds for refusal do not apply to all applications for entry clearance, leave to enter, or remain. However, visas made under the following categories are those where it does apply:
Section 9.2.1 to 9.13B.2 consists of general grounds for refusal, which relates to –
1. The Secretary of State for the Home Department has personally directed to exclude the applicant from the UK; or
2. The applicant is the subject of an exclusion order; or
3. The applicant is the subject of a deportation order, or
4. The applicant is subject to a decision to make a deportation order.
This is another general ground for refusal. Section 9.3.1 refers to mandatory refusal. It refers to the application for entry clearance, leave to enter, or remain where it must be refused if the applicant’s presence in the UK is not conducive to the public good. It can be due to their involvement in criminal activities (convictions that do not fall within the criminality grounds), suspicious character, and associations with extremists or terrorist groups, which can be a potential threat to the UK’s public.
As per section 9.4.1, an application for entry clearance, leave to enter, or leave to remain must be refused where the applicant:
1. Has been convicted of a criminal offense either inside or outside the UK for which they have received a custodial sentence of at least 12 months; or
2. Has persistently shown disregard for the UK’s or any other country’s law they have lived in; or
3. Has committed a serious crime or crimes, which caused serious harm.
Section 9.4.3 is a discretionary provision. As per section 9.4.3, an application for entry clearance, leave to enter, or remain may be refused where the applicant:
1. Has been convicted of a criminal offense either inside or outside the UK and sentenced to imprisonment less than12 months
2. Has been convicted of a criminal offense either inside or outside the UK for which they have received a non-custodial sentence or received an out-of-court disposal that is recorded on their criminal record.
Section 9.5.1 refers to discretionary refusal. It refers to an application for entry clearance, leave to enter, or remain where the application may be refused if the secretary of state at any point in time decides that any of the following rules apply to the applicant:
Or
If the secretary of state decided that any of the above rules would apply but the applicant has not made any protection claim or even if he has, it was finally determined without reference to exclusion from the Refugee Convention, danger to the UK, exclusion from a grant of humanitarian protection, or revocation of humanitarian protection on grounds of exclusion.
Section 9.6.1 refers to sham marriage or sham civil partnership. If the decision maker is convinced that the applicant is or has been involved in a sham marriage or sham civil partnership, it may refuse their application for entry clearance, leave to enter, or remain.
Section 9.7.1 refers to the false representation where an application for entry clearance, leave to enter, or remain may be refused if false representation, false documents, or false information have been submitted or relevant facts have not been disclosed with or without the knowledge of the applicant.
Section 9.7.2 refers to deception, where if the decision maker can prove that a deception has been made by the applicant, then their application for entry clearance, leave to enter, or remain must be refused.
Section 9.8.1 refers to an application for entry clearance or leave to enter where the application must be refused if the applicant has previously breached the immigration laws of the UK and the application was made within the relevant time period.
Section 9.8.3 refers to an application for leave to remain where the application may be refused if the applicant failed to comply with their conditions of leave to stay in the past.
Section 9.9.1 under general grounds for refusals refers to an application for entry clearance, leave to enter, or leave to remain where the application may be refused if the applicant fails to provide the required information, attend an interview, submit biometrics (irrespective of the request for it or not), take a medical examination, or submit a medical report without a proper reason.
Section 9.11.1 refers to a discretionary refusal. It refers to an application for entry clearance, leave to enter, or leave to remain where the application may be refused if the applicant has an outstanding debt to NHS (National Health Service) and the outstanding charges have a total value of at least £500.
Section 9.12.1 refers to discretionary refusal based on outstanding litigation grounds. If the application has not paid litigation costs awarded to the Home Office, his application for entry clearance, leave to enter, or remain may be refused.
Section 9.13B.1 refers to mandatory refusal while Section 9.13B.2 refers to discretionary refusal. Section 9.13B.1 refers to an application for entry clearance or leave to enter where the application must be refused if the applicant’s entry may pose a threat to the UK’s public due to their medical condition. However, the applicant may be allowed to enter the UK if the decision maker finds strong compassionate reasons that justify the entry of the applicant to the UK.
Section 9.13B.2 refers to a situation where the entry clearance or leave to enter held by a person may be canceled if the medical advisor advises against the entry of the applicant due to medical reasons.
These are some of the general grounds for refusal that form part 9 of the immigration rules. Some of the sections refer to mandatory refusal while others refer to refusal based on the secretary of state’s discretion. Even if you meet the other eligibility requirements for a particular visa, you must be or may be denied if conditions mentioned above are true in your case.
You should try to avoid these general grounds for refusal, and for this, you can seek an expert’s advice. For discretionary refusals you must provide good arguments for the discretion to be exercised in your favour.
At Visa and Migration we have the experience and expertise in helping our clients avoid the general grounds for refusal. We help you in making an application for entry clearance, leave to enter or remain successfully. For any urgent query or issue you can reach out to us at +44 (0)20 3411 1261.
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