General grounds for refusal refer to the rules under Part 9 of the UK Immigration Rules that allow the Home Office to refuse or cancel a visa application based on an applicant’s suitability. These grounds apply across most visa categories and focus on factors such as criminal conduct, breaches of immigration laws, false information or concerns about an applicant’s presence not being in the public interest.
Applications can be refused on mandatory grounds, where the caseworker must refuse the application, while discretionary refusals may apply to lesser offences, breaches of visa conditions or deception.
The following guide for visa applicants looks in detail at the suitability requirements under Part 9 of the Rules: grounds for refusal, including how these requirements can be met and what steps can be taken if an applicant falls for refusal under this Part.
Suitability requirements to enter or remain
When applying for either entry clearance or leave to remain in the UK, applicants must meet various suitability requirements and avoid general grounds for refusal.
The suitability requirements are set out under the UK Immigration Rules. They apply to almost all immigration routes and are in addition to the specific validity and eligibility requirements of the relevant visa category.
The general grounds for refusal in the context of UK visa applications are set out under Part 9 of the Immigration Rules. The provisions under Part 9 of the Immigration Rules have been revised and updated periodically, particularly as part of the UK’s post-Brexit immigration reforms. These provisions are referred to in other sections of the Rules as the suitability requirements, where an applicant for entry clearance, or for leave to enter or remain in the UK, will not meet these requirements if they fall for refusal under this Part.
An existing visa holder may also have their entry clearance or permission to enter or stay in the UK shortened or cancelled on grounds of suitability, previously known under the old rules as curtailment of leave. A cancellation decision can cover a wide range of different scenarios, such as where an applicant breaches a condition of their leave or a change in circumstances, but also includes where one of the general grounds for refusal under Part 9 of the Rules apply.
Part 9 sets out various detailed provisions which form the basis of a potential refusal or cancellation of a visa, although some routes have their own, or additional, suitability requirements. As such, under section 1 of Part 9 there are limited exceptions to the rules, including Appendix EU and Appendix S2 Healthcare Visitor, where an applicant will instead be required to satisfy the specific suitability requirements as set out under those routes.
Section 2 of Part 9 covers all of the general grounds for refusal or cancellation, with sections 3-5 detailing additional grounds for refusal of entry on arrival in the UK; refusal of permission to stay; and for cancellation of entry clearance, permission to enter and permission to stay. These include, for example, medical grounds or customs breaches; rough sleeping in the UK; withdrawal of sponsorship or endorsement grounds, or where a sponsor loses their licence.
What are the general grounds for refusal?
The main general grounds for refusal as set out under section 2 of Part 9 are as follows:
- Exclusion or deportation order grounds: Permission must be refused or cancelled where there has been a direction that the applicant be excluded from the UK. A visa can also be refused if the applicant is the subject of either an exclusion or deportation order.
- Non-conducive grounds: Permission must be refused or cancelled where the applicants presence in the UK is not conducive to the public good. This could relate to their conduct, character, associations or other reasons, including issues impacting national security or public safety.
- Criminality grounds: Permission must be refused where an applicant has been convicted of an offence resulting in a custodial sentence of 12 months or more. For shorter sentences, non-custodial outcomes, or out-of-court disposals recorded on their criminal record, refusal is discretionary. Persistent offending or offences causing serious harm may also lead to refusal.
- Involvement in a sham marriage or civil partnership grounds: Permission may be refused or cancelled where it’s more likely than not that the applicant is, or has been, involved in either a sham marriage or sham civil partnership.
- False representations, etc. grounds: Permission may be refused or cancelled where false representations, false documents, or false information are submitted, or relevant facts are withheld, whether knowingly or not. For refusals based on deception, the Home Office must provide evidence of dishonesty directly linked to the applicant.
- Previous breach of immigration laws grounds: Permission must be refused if the applicant breached immigration laws within the relevant timeframes, such as a 10-year period following deportation. Breaches outside these periods may still result in refusal if aggravating factors exist, such as failure to report or deliberate overstaying.
- Failure to provide required information, etc grounds: Permission may be refused or cancelled where the applicant or visa holder 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.
There are various other general grounds for refusal, including grounds relating to exclusion from asylum or humanitarian protection, debt to the NHS or unpaid litigation costs, or where someone is seeking to enter or stay in the UK for a purpose not covered by these rules.
In some cases, more than one ground for a refusal or cancellation decision can apply. This could include, for example, where the presence of a foreign criminal in the UK may not be deemed conducive to the public good. In this instance, both the non-conducive and criminality grounds would apply to any refusal decision.
Mandatory & discretionary grounds for refusal
Where the provisions of Part 9 apply, any decision to refuse or cancel permission will be made by a Home Office caseworker on either a mandatory (ie “must”) or discretionary (ie “may”) basis.
For instance, in the context of criminality, if an applicant has been convicted of an offence 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 cancelled. In contrast, if they have committed an offence for which they were given either a custodial sentence of less 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 means, even with a criminal record, you 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 offence involved, the sentencing received and any mitigating factors that can be taken into account.
For visitor visas, stricter rules apply. If an applicant has a criminal conviction resulting in a custodial sentence of less than 12 months, or a non-custodial sentence or recorded out-of-court disposal, their visa must be refused unless more than 12 months have passed since the end of the sentence or the date of conviction.
For discretionary refusals, caseworkers consider all relevant evidence, including the nature and severity of the offence and any mitigating factors, such as rehabilitation or family ties in the UK. Applicants must provide thorough and compelling evidence to address any grounds for refusal.
Further, it is vital that you fully cooperate with any reasonable request to attend an interview, provide information or biometrics, undergo a medical examination or provide a medical report, as any failure to do so, by itself, can result in refusal of your visa application or cancellation of your leave.
What if an application is refused under the general grounds for refusal?
If you are a migrant looking to come to the UK, or currently living in the UK and wanting to extend your leave, you must be able to satisfy the suitability requirements applicable to your visa route, otherwise risk a refusal decision. Having been granted permission to enter, or further permission to stay, you must also be able to stay within the rules to ensure that any existing leave is not cancelled based on one of the general or additional grounds for refusal.
In most cases, there is no right of appeal for general refusals. However, appeals may be available for human rights or protection claims, where refusal breaches the applicant’s rights under Article 8 (family/private life) of the European Convention on Human Rights.
Where there is no right of appeal, it may be possible to apply for an administrative review of a refusal or cancellation of leave. However, administrative reviews focus solely on correcting caseworking errors, such as applying the wrong rules or overlooking evidence. They do not reconsider the merits of the application. The rules relating to administrative reviews, including decisions eligible for review and what constitutes a case working error, can be found under Appendix AR of the Immigration Rules.
Need assistance?
Given the limited right to challenge any refusal or cancellation decision, prior to making a visa application in which you may fall for refusal under Part 9 (or where you have reason to believe that your existing leave may be cancelled, for example, you receive a request for further information from the UK Home Office pertaining to such decision), it is vital that you seek expert advice from an immigration specialist.
There may be important mitigating factors pertaining to any refusal or cancellation decision. Taking pre-emptive steps is undoubtedly the best possible course of action, including gathering as much information and evidence as possible to negate any adverse factors and have a positive bearing on your case.
DavidsonMorris are specialist UK immigration lawyers. We provide specialist advice and support to UK immigration and visa applicants, including guidance on eligibility requirements in areas such as general grounds for refusal. For specialist advice, speak to us.
General Grounds for Refusal FAQs
What are the general grounds for refusal?
General grounds for refusal refer to the reasons why a UK visa application can be refused or cancelled under Part 9 of the Immigration Rules. These include issues like criminality, false representations, breaches of immigration laws, and public interest concerns.
What is the difference between mandatory and discretionary grounds for refusal?
Mandatory grounds mean the visa must be refused, such as where an applicant has a serious criminal conviction. Discretionary grounds allow the decision-maker to refuse a visa depending on the applicant’s circumstances, such as minor criminal offences or breaches of immigration laws.
Can a visa be refused for criminal convictions?
A visa must be refused if the applicant has a custodial sentence of 12 months or more. Discretionary refusal applies to shorter sentences or other recorded offences, depending on the case details.
What happens if I provide false information?
If false information, false documents, or incomplete facts are submitted, the visa may be refused. Refusal based on deception requires clear evidence of dishonesty, even if it was unintentional.
Can a visa be refused for previous immigration breaches?
Previous breaches, such as overstaying or illegal work, can result in a refusal, particularly if the application is made within specific time periods after the breach.
Is there any appeal against a refusal under general grounds?
In most cases, there is no right of appeal. However, you may request an administrative review if you believe a caseworking error occurred. Limited appeal rights exist for refusals involving human rights or protection claims.
What if my visa is cancelled under the general grounds?
Your visa may be cancelled if you breach conditions, such as working illegally, or if your circumstances change significantly. Cancellation may also occur on public interest grounds.
How can I avoid a refusal under general grounds?
Provide accurate and truthful information, ensure all documents are valid, and comply with immigration laws. If you have past breaches or convictions, include evidence of mitigating factors.
Do medical or health issues lead to refusal?
In certain cases, health concerns, such as a contagious illness, may lead to refusal on medical grounds. Applicants may be asked to provide a medical report or undergo testing.
Can multiple grounds for refusal apply to one case?
A decision may be based on more than one ground, such as criminal convictions combined with public interest concerns. Each ground will be assessed individually and collectively.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
