Even though all of the specific
requirements (maintenance, English requirements, etc.) are met, applications
including ILR applications can still be refused if there is evidence that the
applicant's background, behaviour, character, conduct or association show that
they should not be permitted to enter the UK or allowed to remain in the UK.
There are two types of grounds for refusal:
mandatory where an application 'is to be' refused within the immigration rules,
and discretionary where an application 'shall normally' be refused, but the
home office's exercise of discretion can be applied. The general grounds are mostly applicable to either Entry clearance or leave to remain, including
ILR applications. The grounds can be varied depending on the type of visa:
The mandatory grounds
Where it is for a
purpose not covered by the immigration rules
The applicant is, at the time of
application, subject to a deportation order
The applicant has been convicted of a
offence for which they have been sentenced to a period of imprisonment of at
least 4 years
The applicant has been convicted of an
offence for which they have been sentenced to a period of imprisonment of at
least 12 months but less than 4 years, unless a period of 10 (15 years for ILR
applications) years has passed since the end of the sentence
The applicants has been convicted of an
offence for which they have been sentenced to a period of imprisonment of less
than 12 months, unless a period of 5 years (7 years for ILR applications) has
passed since the end of the sentence
If the applicant fails to submit a valid
national passport or other document satisfactorily establishing their identity
and nationality
Where the secretary of State has personally
directed that the exclusion of a person from the United Kingdom is conductive
to the public good
Where the medical inspector has issued a
certificate advising that it is undesirable for medical reasons that a person
should be admitted
The applicant has made false
representations or submitted false documents in their current application or in
order to obtain documents from the Secretary of State or a third party required
in support of the application
Where the applicant has previously breached
the UK's immigration laws (and was 18 or over at the time of his/her most
recent breach) by: overstaying; breaching a condition attached his/her leave;
being a illegal entrant; using deception in an application for entry clearance,
leave to enter or remain, or in order to obtain documents from the Secretary of
State or a third party required in support of the application (whether
successful or not)
Failure to comply with a request made on
behalf of the entry clearance office to attend for interview without providing
a reasonable explanation
The discretionary grounds
Deception used in a previous application
Failure to comply with any conditions
attached to the current or a previous grant of leave to enter or remain, unless
leave has been granted in the knowledge of a previous breach
Failure by the person concerned to maintain
or accommodate himself / herself and any dependants without recourse to public
funds
The undesirability of permitting a person
to remain in the UK or the person presents a threat to national security
If their offending has caused serious harm
If they are a persistent offender who shows
a particular disregard for the law
If they are refused by a sponsor of the
person concerned to give, if requested to do so, an undertaking in writing to
be responsible for his maintenance and accommodation in the United Kingdom or
failure to honour such an undertaking once given
Failure by the person concerned to honour
any declaration or undertaking given orally or in writing as to the intended
duration and/or purpose of his/her stay
Failure, except by a person who qualifies
for settlement in the United Kingdom or by the spouse or civil partner of a
person settled in the United Kingdom, to satisfy the Secretary of State that he
will be returnable to another country if allowed to remain in the United
Kingdom for a further period