General Part 9 Grounds for Refusal

Criminality grounds

An application for entry clearance, permission to enter or permission to stay must be refused where the applicant: (a) 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; or (b) is a persistent offender who shows a particular disregard for the law; or (c) has committed a criminal offence, or offences, which caused serious harm. Moreover, if A, B or C apply to someone who has a visa, their visa must be cancelled.

Foreign nationals convicted of criminal offences may face automatic deportation if sentenced to more than 12 months (deportation usually happens after the person has served their prison sentence, not before). Legal challenges often arise where:

The individual has strong UK ties
They’ve lived in the UK since childhood
Children or spouses would be severely affected by removal

Involvement in a sham marriage or sham civil partnership grounds

An application for entry clearance, permission to enter or permission to stay may be refused where 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. Entry clearance or permission held by a person may be cancelled where the decision maker is satisfied that it is more likely than not the person is, or has been, involved in a sham marriage or sham civil partnership.

False representations, etc. grounds

An application for entry clearance, permission to enter or permission to stay may be refused where, in relation to the application, or in order to obtain documents from the Secretary of State or a third party provided in support of the application: (a) false representations are made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or (b) relevant facts are not disclosed.

An application for entry clearance, permission to enter or permission to stay must be refused where the decision maker can prove that it is more likely than not the applicant used deception in the application.

Debt to the NHS grounds

An application for entry clearance, permission to enter or permission to stay may be refused where a relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges under relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

Unpaid litigation costs grounds

An application for entry clearance, permission to enter or permission to stay may be refused where a person has failed to pay litigation costs awarded to the Home Office.

Medical grounds

Entry clearance or permission to enter must be refused where 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.

Entry clearance or permission to enter held by a person may be cancelled where a medical inspector advises that for medical reasons it is undesirable to grant entry to the person.

Consent for a child to travel grounds

A child may be refused permission to enter if they are not travelling with their parent or legal guardian and, if required to do so, the child’s parent or legal guardian fails to provide the decision maker with written consent to the child seeking entry to the UK.

Previous breaches of immigration law

Under the UK Immigration Rules, previous breaches of immigration law can be grounds for refusing a visa or permission to enter/remain. These refusals fall under Part 9: Grounds for Refusal, and specifically target applicants who have overstayed, breached visa conditions, used deception, or entered unlawfully.

Here’s a clear summary:

🚫 Key Grounds for Refusal Due to Previous Breaches

1. Overstaying

If you overstayed a previous visa by more than 30 days, you can be refused entry for 12 months, unless:
- You left voluntarily and at your own expense
- The overstay was due to exceptional circumstances
Longer bans (1, 2 or 10 years) may apply depending on how and when you left the UK

2. Illegal Entry or Unlawful Presence

Entry without proper clearance, or being in the UK without lawful leave, may result in automatic refusal of future applications.

3. Breaching Visa Conditions

Working when not permitted, claiming public funds, or studying when prohibited can lead to refusal for future applications, especially if the breach was deliberate.

4. Deception or False Documents

Using false representations, documents, or non-disclosure of relevant facts in any previous or current application can result in a mandatory refusal for 10 years, even if the deception was by someone acting on your behalf.

5. Failure to Cooperate or Report

Failing to report as required, attend interviews, or comply with immigration reporting conditions may be treated as non-compliance and lead to refusal.

6. Criminal Prosecution for Breaches

If a person has been convicted of an immigration offence, such as facilitating illegal immigration, refusal is highly likely.

❗ Exceptions

Some immigration categories (e.g. family, asylum, human rights) may limit the use of these grounds, particularly if refusal would breach Article 8 ECHR (family/private life) or the best interests of children.