Immigration Rules: General Grounds of Refusal

The Immigration Rules changed on 1st April 2008 in relation to the general grounds upon which an application to enter or remain in the UK can be refused. 

Some of the grounds are mandatory ie if found the application must be refused, but some are discretionary ie if found the application may still be granted.

The circumstances that are relevant to these grounds of refusal relate both to the particular application that is being made, but can also relate to the past conduct by the applicant.

1. Conduct in relation to a particular application:

• Making false statements with the application
• Submitting false documents with the application
• Failing to disclose relevant facts with the application

If it is found that such conduct has occurred, the application must be refused and there will be no discretion.  In those circumstances, it will make no difference that the applicant believed (or had good reason to believe) that the statements were true or the document was valid, even if the statement or document was not material to the application. 

The extent of this change is very harsh, especially where an application is refused because a document from a third party, quite independent from the applicant, is submitted and is found to be false!

2. Conduct in relation to past conduct by the applicant

• Overstaying (only if more than 28 days)
• Breaching an immigration condition
• Entering the UK illegally or by way of deception
  

There are fixed periods within which the bar to returning to the UK will apply and can therefore be considered as follows:

• 10 years: if the applicant obtained permission to enter or remain in the UK by using deception
• 12 months: if the applicant left the UK voluntarily at his or her own expense
• 5 years: if the applicant left the UK voluntarily but, directly or indirectly, the UK state paid for his or her departure
• 10 years: if the applicant was removed or deported from the UK.

Again, quite draconian changes, as these will affect an asylum seeker or a trafficking victim forced to use illegal or deceitful methods of entry.  Further, all the changes will affect children as well as adults.

For further information please contact Lorna Valcin in our Immigration department on 020 8296 6846 or lorna.valcin@colemans-ctts.co.uk.