One of the key ideas behind the UK immigration rules is to keep away people presumed to be trouble causers or likely to offend; out of the United Kingdom. This means any history of non-compliance either at the country of origin or the UK potentially could lead to the refusal of your immigration application.

I have set out the various type of conducts and the kind of weight the Home Office will apply to it in its decision to grant or refuse an application.

 

For entry clearance – Mandatory (Decision to refuse is Mandatory)

Secretary of state has decided applicant exclusion is conducive to public good
Any Deportation Order
Any Conviction with imprisonment
Any Conviction with non-custodial sentence
Any Non-compliance eg failed to attend an interview or provide information
Any Caution under the criminal Justice Act 2003 ( in the last 5 years)
Providing false information / document in past applications (dishonest character)
Any Out of court settlement which appears on criminal records
Any litigation cost owed to the Home office or NHS debt (at least £500)

 

Entry clearance – this is discretionary

Provision of false information, statements or documents – may be unwittingly
failure to provide, where requested or required, a maintenance undertaking
In last 1 year – any non-custodial sentence or other out of court settlement which appears on the criminal record / persistent offending
Any litigation cost owed to the Home office or NHS debt (at least £500)

 

 Note –

• the Home will apply these rules base on factual findings
• On appeal the court can depart on the home office finds / decision where there is a family life or private life interest.

Leave to Remain – Mandatory (Decision to refuse is Mandatory)

Any previous use of deception in home office applications
Sec. of State declaration – eg applicants presence not conducive to public good
Conviction with prison sentence of atleast 12 months – life ban on in country appli.
Persistent disregard for the law / offending that cause serious harm
Disentitled to Refugee status or Humanitarian Protection eg danger to security
Non-compliance without reasonable excuse – eg failure to attend an interview
Any Deportation order

 

Leave to Remain – Discretionary (Decision to refuse will be Discretionary)

providing false information, statements or document (presumption of refusal)
failure to provide, where required, a maintenance undertaking (presumption of refusal)
comply with a marriage investigation as notified under (presumption of refusal)
having made false statements or failed to disclose material facts in previous application
Any litigation cost owed to the Home office or NHS debt (at least £500)

 

Note – entry clearance : there is a 10 years ban for crimes with convictions of atleast 4 years imprisonment applications for anyone convicted to 12 months’ imprisonment or more

 

Indefinite Leave to Remain – Mandatory (Decision to refuse is Mandatory)

deportation order
Sec. of State Decl. – applicant’s presence not being conducive to the public good
conviction and prison sentence
prison sentence of less than 12 months
non-custodial sentence or out of court settlement entered on criminal record
offending which has caused serious harm or  persistence disregard for the law
having been excluded from refugee status or HP
noncompliance, without reasonable excuse eg to attend an interview

 

Indefinite Leave to Remain – Discretionary (Decision to refuse will be Discretionary)

providing false information, statements or document (presumption of refusal)
failure to provide, where required, a maintenance undertaking (presumption of refusal)
comply with a marriage investigation as notified under (presumption of refusal)
having made false statements or failed to disclose material facts in previous application
Any litigation cost owed to the Home office or NHS debt (at least £500)

 

Subject Access request.

Where we think applicant’s immigration history may be an issue; with applicants consent we can make a subject access request.  This is helpful in addressing inconsistencies or other issues that the home office did not raise in the last application but we think they may come up this time round.

There may be other addtional checks that a Lawyer may be able to carry out and ensure all information is available to argue a case for you through the application process. In such instances its alway best to seek legal guidance.