General grounds for refusal Definition

GLOSSARY

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What does General grounds for refusal mean?

Provisions in the immigration rules for refusing entry clearance and leave to enter in addition to the need to fulfil the requirements of the rules relating to the specific category under which admission is sought (e.g. as a visitor or family member).

General grounds for refusal divide between those which are mandatory – e.g. that entry is being sought for a purpose not covered by the Rules; and those that are discretionary – e.g. failure by a person arriving in the United Kingdom to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given. Except in relation to persons seeking admission to join settled family members, the general grounds of refusal of admission are contained in paras 320 to 321A of the Immigration Rules.

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False representations etc, deception and challenging grounds for refusal

This Practice Note looks at the common grounds for refusal and cancellation in the Immigration Rules, Part 9 which cover false representations, false information, false documents, relevant non-disclosure, and the linked ground of deception. It also provides practical tips on challenging any refusal made under the grounds for refusal. See: Grounds for refusal and re-entry bans—overview for details of the significant general revision to Immigration Rules, Part 9 brought in by Statement of Changes in Immigration Rules HC 813, which apply to applications submitted on or after 1 December 2020. For details of the rules (and relevant case law) on deception that apply to applications submitted before that date, please see the previous version of this Practice Note: Deception and challenging general grounds for refusal, which can be accessed at the right hand column link.Note that Immigration Rules, Part 9 does not apply to all parts of appendices of the Immigration Rules, whether in whole, or in part. Details of the application of the Part are set out in Immigration...

Grounds for refusal and cancellation of permission

This Practice Note looks at the ‘grounds for refusal’ of applications to which the Immigration Rules, Part 9 applies, and for the cancellation of in-force entry clearance or permission. It does not cover such grounds which relate to a person’s previous personal conduct (whether they have committed criminal offences or there are other aspects of personal conduct which are not deemed conducive to the public good), or grounds related to false representations etc and deception. For grounds for refusal covering these aspects, see Practice Notes: Previous conduct and False representations etc, deception and challenging grounds for refusal. In relation to cancellation, the Practice Note also does not look at grounds related to changes of circumstances, for which see: Changes of circumstances.Note that, separate to the grounds for refusal in Part 9, for a time section 8AA of the Immigration Act 1971 (IA 1971), as introduced by the Illegal Migration Act 2023 (IMA 2023), broadly provided that if a person meets the four conditions of section 2 of IMA 2023, in...

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What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted?

What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted? Can my client apply for leave to remain under Tier 2 even though a new sponsor’s licence has not yet been granted? If an application is lodged under the Immigration Rules pertaining to Tier 2 and a decision is made without your client being in possession of a Certificate of Sponsorship (CoS), you will need to advise your client that it will fall for refusal. If the client’s leave is due to expire shortly and they have been offered a job which will qualify under Tier 2 by an employer that needs to obtain a sponsor licence, it is important to make a request to the Sponsor Licensing Unit for the licence application to be expedited. You should ask for the application to be decided by, or in advance of, the date that the individual’s leave is due to expire. Can I ask the...

Do the general grounds for refusal in the Immigration Rules, Part 9, paragraph 322 apply to applications for indefinite leave to remain by Tier 2 (General) migrants?

Do the general grounds for refusal in the Immigration Rules, Part 9, paragraph 322 apply to applications for indefinite leave to remain by Tier 2 (General) migrants? The general grounds for refusal of an application for indefinite leave to remain by a Tier 2 (General) migrant under the Immigration rules, Part 6A, para 245HF are set out in the Immigration Rules, Part 9, para 322. Immigration Rules, Part 9, para 322 states: ‘In addition to the grounds for refusal of extension of stay set out in Parts 2–8 of these Rules, the following provisions apply in relation to the refusal of an application for leave to remain, variation of leave to enter or remain or, where appropriate, the curtailment of leave, except that only paragraphs (1A), (1B), (5), (5A), (9) and (10) shall apply in the case of an application made under paragraph 159I of these

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Changes to the Ukraine Scheme

Immigration analysis: On 19 February 2024, a few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of changes to the Ukraine Scheme. Dmitri Macmillen, a solicitor at Wesley Gryk Solicitors LLP and the Work Rights Centre, discusses the latest updates to the Ukraine Scheme and the implications of them advisers should be aware of.

Statement of Changes HC 556 stops careworkers from bringing dependants and ends Ukraine Family Scheme

The Home Office has issued a new Statement of Changes in Immigration Rules HC 556, along with an Explanatory Memorandum (EM) today (19 February 2024). The Statement makes anticipated changes as regards the dependants of careworkers and senior careworkers in the Skilled Worker/Health and Care visa route, and also makes a number of surprise and immediate changes to the Ukraine Schemes, including ending the Ukraine Family Scheme from 3pm today.

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GLOSSARY