GovWire

Immigration Rules part 9: grounds for refusal

Home Office

October 5
09:17 2023

Suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements.

Where this Part applies a person will not meet the suitability requirements if they fall for refusal under this Part.

A person may also have their entry clearance or permission cancelled on suitability grounds.

More than one grounds for refusal or cancellation may apply, for example, the presence of a foreign criminal in the UK may not be conducive to the public good.

The Immigration Act 1971, section 76 of the Nationality, Immigration and Asylum Act 2002 (revocation of indefinite leave), the Immigration (Leave to Enter and Remain) Order 2000 and Schedule 2 of the Immigration Act 1971 set out the powers to cancel entry clearance or permission. These rules set out how those powers are to be exercised.

Decisions on suitability are either mandatory (must) or discretionary (may) and must be compatible with the UK obligations under the Refugee Convention and the European Convention on Human Rights, which are mainly provided for under other provisions in these Rules.

Some routes have their own, or additional, suitability requirements.

This Part is in 5 sections.

  1. 1. Application of this Part;
  2. 2. Grounds for refusal, or cancellation of, entry clearance, permission to enter and permission to stay;
  3. 3. Additional grounds for refusal of entry, or cancellation of entry clearance or permission, on arrival in the UK;
  4. 4. Additional grounds for refusal, or cancellation, of permission to stay;
  5. 5. Additional grounds for cancellation of entry clearance, permission to enter and permission to stay which apply to specified routes.

Section 1: Application of this Part

  1. 9.1.1. Part 9 does not apply to the following:
    1. (a) Appendix FM, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. apply, and paragraph 9.7.3 applies to permission to stay; and paragraph 9.8.2 (a) and (c). applies where the application is for entry clearance; and
    2. (b) Appendix Private Life, except paragraphs 9.6.1. and 9.6.2.; and
    3. (c) Appendix Armed Forces, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.7.3, 9.8.1. to 9.8.8, 9.9.2, 9.15.1. to 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1. and 9.24.1. apply; and paragraph 9.10.2. applies where the application is under Part 9, 9A or 10 of Appendix Armed Forces; and
    4. (d) Appendix EU; and
    5. (e) Appendix EU (Family Permit); and
    6. (f) Paragraph DWMS 2.1, except paragraphs 9.2.1(c), 9.2.2, 9.3.1, 9.3.2, 9.4.1(b), 9.4.1(c), 9.4.2, 9.4.5, 9.7.1, 9.7.2, 9.7.3, 9.9.1, 9.9.2. 9.16.2, 9.20.1, 9.23.1, 9.24.1; and
    7. (g) Part 11 (Asylum), except Part 9 does apply to paragraphs 352ZH to 352ZS, and 352I to 352X; and
    8. (h) applications for entry clearance or permission to stay granted by virtue of the ECAA Association Agreement, except that in relation to permission granted under the Agreement paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.6.2, 9.7.3 and 9.21.2 apply where the criminal offence or adverse conduct occurred after 11pm on 31 December 2020; and
    9. (i) applications for permission to stay under Appendix ECAA Extension of Stay, except paragraphs 9.2.1, 9.3.1, 9.4.1, 9.4.3, 9.6.1, 9.7.1, 9.7.2, 9.11.1, 9.12.1 and 9.21.1, and in relation to such permission paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.6.2, 9.7.3 and 9.21.2 apply where the criminal offence or adverse conduct occurred after 11pm on 31 December 2020; and
    10. (j) Appendix S2 Healthcare Visitor; and
    11. (k) Appendix Service Providers from Switzerland.
    12. (l) Appendix Ukraine Scheme, except paragraphs 9.2.1 to 9.7.3, 9.10.1 to 9.10.2, 9.14.1 to 9.20.2, 9.23.1 and 9.24.1 and
    13. (m) Appendix Settlement Protection; and
    14. (n) Appendix Settlement Family Life, except paragraphs 9.6.1. and 9.6.2; and
    15. (o) Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery except paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.5.2, 9.7.3, 9.18.1, 9.20.1, 9.20.2 and 9.23.1; and
    16. (p) Appendix Electronic Travel Authorisation; and
    17. (q) Appendix Adult Dependent Relative, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. apply, and paragraph 9.7.3 applies to permission to stay; and paragraph 9.8.2 (a) and (c). applies where the application is for entry clearance.

Section 2: Grounds for refusal, or cancellation, of entry clearance, permission to enter and permission to stay

Exclusion, deportation order or travel ban grounds

  1. 9.2.1. An application for entry clearance, permission to enter or permission to stay must be refused where:
    1. (a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
    2. (b) the applicant is the subject of an exclusion order; or
    3. (c) the applicant is the subject of a deportation order, or a decision to make a deportation order.

9.2.2. Entry clearance or permission held by a person must be cancelled where the Secretary of State has personally directed that the person be excluded from the UK.

9.2.3. An application for entry clearance must be refused where the applicant is an excluded person, as defined by section 8B(4) of the Immigration Act 1971, and the person does not fall within section 8B(5A) or 8B(5B) of that Act.

9.2.4. Entry clearance must be cancelled where the person is an excluded person, as defined by section 8B(4) of the Immigration Act 1971, and the person does not fall within section 8B(5A) or 8B(5B) of that Act.

Non-conducive grounds

9.3.1. An application for entry clearance, permission to enter or permission to stay must be refused where the applicants presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds).

9.3.2. Entry clearance or permission held by a person must be cancelled where the persons presence in the UK is not conducive to the public good.

Criminality grounds

  1. 9.4.1. An application for entry clearance, permission to enter or permission to stay must be refused where the applicant:
    1. (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
    2. (b) is a persistent offender who shows a particular disregard for the law; or
    3. (c) has committed a criminal offence, or offences, which caused serious harm.
  1. 9.4.2. Entry clearance or permission held by a person must be cancelled where the person:
    1. (a) has been convicted of a criminal offence in the UK or o

Related Articles

Comments

  1. We don't have any comments for this article yet. Why not join in and start a discussion.

Write a Comment

Your name:
Your email:
Comments:

Post my comment

Recent Comments

Follow Us on Twitter

Share This


Enjoyed this? Why not share it with others if you've found it useful by using one of the tools below: