General grounds for refusal valid from 23 september 2013

General grounds for refusal Section 1 of 5 - About this guidance, general grounds for refusal and checks This is based on the Immigration Rules

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Guidance – General grounds for refusal – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal About this guidance False representation

Immigration Rules part 9, paragraphs 320-322

In this section

Fraud and forgery

Changes to this guidance

Non-disclosure of material facts

This section contains guidance for caseworkers and entry clearance officers. It tells you when a person should be refused entry clearance, leave to remain or variation of leave to enter or remain in the UK on general grounds. It is relevant to all categories of applications for entry clearance and leave to remain in the UK.

Failure to cooperate

This guidance is based on the Immigration Rules. See related link to the rules.

Information Owner

Criminal history

Initial checks before we consider an application A caseworker or entry clearance officer must consider refusing a person on general grounds if there is any evidence in their background, behaviour, character, conduct or associations that shows they should not enter or remain in the UK for one or more of the grounds set out in paragraphs 320 and 322 of the Immigration Rules.

Related links

Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban

For what to consider before you decide an application for entry clearance or leave to remain, see links on left:

Threat to national security Adverse immigration history Medical grounds

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You must carefully consider your statutory duty to children, under section 55 of the Borders, Citizenship and Immigration Act 2009, before you apply the instructions in this guidance either to children or people with children.

 Consider entry clearance: refusals  Consider leave to remain: refusals.

The PDF download of this guidance is divided into five sections:  Section 1 – Introduction, grounds for refusal and checks  Section 2 – Considering entry clearance  Section 4 – Considering leave to remain

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

Contact

Links to staff intranet removed

This guidance is based on the Immigration Rules  Section 5 – Refusing and refusal wording.

Changes to this guidance – This page tells you what has changed since the previous version of this guidance.

Contacts – This page tells you who to contact for help if your senior caseworker or line manager can’t answer your question.

Information owner – This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare – This page explains your duty to safeguard and promote the welfare of children and tells you where to find more information.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Changes to this guidance False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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This page lists the changes to this guidance, with the most recent at the top.

Date of change 23 September 2013

Details of the change Change request:  Sentence based thresholds – applications for entry clearance or leave to enter: o restricted text changed  Sentence based thresholds – applications for limited leave to remain: o restricted text changed  Sentence based thresholds – applications for ILR (settlement): o restricted text changed  Character, conduct or associations: o restricted text changed  Public order risks: o restricted text changed  Proscribed organisations: o restricted text changed  Unacceptable behaviours: o third paragraph changed o fourth paragraph new o restricted text changed  War crimes: o restricted text changed  Article 1F of the refugee convention: o restricted text changed  Exclusion is conducive to the public good: o restricted text changed

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

Related links Sentence based thresholds – applications for entry clearance or leave to enter Sentence based thresholds – applications for limited leave to remain Sentence based thresholds – applications for ILR (settlement) Character, conduct or associations Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Exclusion is conducive to the public good Secretary of State’s exclusion Deportation order Travel ban

This guidance is based on the Immigration Rules  Secretary of State’s exclusion: o first, second and fourth paragraphs changed o restricted text changed  Deportation order: o restricted text changed  Travel ban: o page rewritten  Threat to national security: o restricted text changed  Checks: o restricted text changed  Home Office security checks – leave to remain: o page name changed  Other security checks: o restricted text changed  Internal systems check – leave to remain: o restricted text changed  Considering entry clearance – mandatory and discretionary refusals: o sub-heading ‘What you need to check for’, first paragraph changed o sub-heading ‘What you need to check for’, second paragraph new  Exclusion by Secretary of State: o restricted text changed  Refusal is conducive to public good: o third paragraph changed o restricted text changed (both sections)  Considering leave to remain – mandatory and discretionary refusals: o sub-heading ‘What you need to check for’, first paragraph changed Page 5 of 151

Guidance - General grounds for refusal Section 1 – version 14.0

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Threat to national security Checks Home Office security checks – leave to remain Other security checks Internal systems check – leave to remain See also Contact Information Owner Links to staff intranet removed

This guidance is based on the Immigration Rules

       21 March 2013

o sub-heading ‘What you need to check for’, second paragraph new Leave to remain – discretionary refusals: o table, restricted text changed Not desirable to let a person remain in the UK – leave to remain: o restricted text changed When to refer a case to criminal casework (CC) o page name changed War crimes: o restricted text changed Leave to remain - paragraph 322(4-5): o table, restricted text changed Contact: o restricted text changed Minor housekeeping changes.

Six month review by the modernised guidance team.  No changes made.

For previous changes to this guidance you will find all earlier versions in the archive. See related link: General grounds for refusal – Archive.

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This guidance is based on the Immigration Rules

General grounds for refusal Grounds for refusal False representation

This section gives details of the grounds why you would refuse entry or leave to remain in the UK on general grounds.

Fraud and forgery Non-disclosure of material facts

Paragraphs 320 to 322 of the Immigration Rules set out the specific grounds when a person’s background, behaviour, character, conduct or associations lead to a refusal on general grounds, and any circumstances when the grounds are either discretionary or would not apply.

Related links Links to staff intranet removed

Failure to cooperate For more information see related link: Immigration Rules: General grounds for refusal – Paragraph 320 to 322.

Criminal history Exclusion conducive to public good Secretary of State exclusion

You must carefully consider your statutory duty to children under Section 55 of the Borders, Citizenship and Immigration Act 2009, before you apply the instructions in this guidance either to children or people with children.

For more information on Section 55 see related link: Safeguard and promote child welfare.

Deportation order Travel ban Threat to national security

If you have evidence to refuse a person on general grounds you must not make a decision until you have considered all the evidence and completed all the appropriate checks. It will depend on the grounds and whether there is sufficient evidence before you can justify a refusal on general grounds. You must also consider whether you must refuse for grounds related to the specific application category.

Adverse immigration history Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal False representation False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order

This page explains what the Immigration Rules say about false representation, which is a general ground for refusal. The Immigration Rules define false representation as a form of deception.

Related links

What the rules require If a person lies or makes a false statement in their application, either orally or in writing you must consider refusing entry or leave to remain. When you have evidence that a person has done this, either as part of their current or previous application, the Immigration Rules state you must refuse the application unless the particular paragraph of the rules allow you to use discretion.

Links to staff intranet removed

Checks

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section

Travel ban For entry clearance Threat to national security Adverse immigration history Medical grounds

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 When you refuse on the basis of a false representation made in a current application, paragraph 320 (7A) of the rules applies. Where there is evidence they have contrived in a significant way to frustrate the intentions of the rules, paragraph 320(11) applies.  When you refuse on the basis of false representations in a previous application, paragraph 320(7B) applies.  When you refuse on the basis of a forged or counterfeit passport being submitted, paragraphs 320(3) and 320(19) apply.  When you refuse on the basis of a false representation having been used to

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules obtain an employment document, paragraphs 320(15) and 320(19) apply.  When you refuse for other deceptive documents, paragraph 320(19) applies.

For leave to remain  When you refuse on the basis of a false representation in the current application, paragraph 322(1A) of the rules applies.  If you intend to refuse on the basis of a previous false representation, paragraph 322(2) of the rules applies.

For more information on considering information on false representation, see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Fraud and forgery False representation

This page explains what the Immigration Rules say about fraud and forgery, which is a general ground for refusal.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good

Related links Checks

What the rules require The Immigration Rules define fraud and forgery as a form of deception.

Links to staff intranet removed

If a person submits a document or information with an application which is independently verified as being forged or not genuine, you may consider refusing entry or leave to remain. When you have evidence that a person has done this, either as part of their current or previous application, the Immigration Rules state that you should refuse the application unless the particular paragraph of the rules allows you to use discretion.

A false document includes a:

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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    

genuine document which has been altered or tampered with counterfeit document (one that is completely false) genuine document that is being used by an imposter genuine document which has been fraudulently obtained or issued, and/or genuine document which contains a falsified or counterfeit visa or endorsement.

For entry clearance  When you refuse because fraud and forgery has been used in a current application, paragraph 320 (7A) of the rules apply. Where there is evidence they have contrived in a significant way to frustrate the intentions of the rules, paragraph 320(11) applies.  When you refuse on fraud and forgery in a previous application, paragraph 320(7B) applies.

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules  When you refuse because forged counterfeit passport has been used, paragraphs 320(3) and 320(19) apply.  When you refuse for false employment document, paragraphs 320(15) and 320(19) apply.  When you refuse for other deceptive documents, paragraph 320(19) applies.

For leave to remain  When you refuse because of fraud and forgery in the current application, paragraph 322(1A) of the rules applies.  When you refuse because of fraud and forgery in a previous application, paragraph 322(2) of the rules applies.

For more information on how to detect fraud and forgery, see related link: Forgery.

For more information on considering information on fraud or forgery see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

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This guidance is based on the Immigration Rules

General grounds for refusal Non-disclosure of material facts False representation

This page explains what the Immigration Rules say about non-disclosure of material facts, which is a general ground for refusal.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion

Related links Checks

What the rules require The Immigration Rules define non-disclosure as a form of deception.

Links to staff intranet removed

If a person withholds information relevant to your decision on their application you must consider refusing entry or leave to remain. The Immigration Rules require that you refuse an applicant who has done so, either as part of their current or previous application.

For entry clearance  When you refuse on non-disclosure of material facts, paragraph 320 (7A) of the rules applies.  When you refuse on non-disclosure of material facts in a previous application, paragraph 320(7B) applies (subject to 320(7C)).

Deportation order For leave to remain Travel ban Threat to national security Adverse immigration history Medical grounds

 When you refuse on non-disclosure of material facts in the current application, paragraph 322(1A) of the rules applies.  When you refuse on non-disclosure of material facts in a previous application, paragraph 322(2) of the rules applies.

For more information on considering information on non-disclosure of facts see related links:  Considering entry clearance – mandatory and discretionary refusals

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This guidance is based on the Immigration Rules  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

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This guidance is based on the Immigration Rules

General grounds for refusal Failure to cooperate False representation

This page explains what the Immigration Rules say about failure to cooperate, which is a general ground for refusal.

Fraud and forgery Non-disclosure of material facts

Checks What the rules require If a person fails to give information or documents you require to make a decision on Links to staff intranet their application, you must consider refusing entry or leave to remain. removed

Failure to cooperate

For entry clearance

Related links

 If you intend to refuse on failure to cooperate, paragraphs 320(8) or 320(8A) of the rules applies.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order

For leave to remain  If you intend to refuse on failure to cooperate, paragraph 322(9) of the rules applies.

For more information on considering information on failure to cooperate see related links:

Travel ban Threat to national security Adverse immigration history

 Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

Medical grounds

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This guidance is based on the Immigration Rules

General grounds for refusal Criminal history False representation

This section explains what the Immigration Rules say about criminal history, which is a general ground for refusal.

Fraud and forgery It also tells you how to consider cases from an applicant with a criminal history.

Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban

For more information see related links:            

Sentence based thresholds Transitional arrangements Refusal paragraphs following December 2012 rules changes Offences causing serious harm Persistent offenders Non-custodial sentences Other types of convictions or sentence Military convictions Character, conduct or associations Secretary of State’s exclusion Deportation order Travel ban.

Threat to national security

In this section Sentence based thresholds Transitional arrangements Refusal paragraphs following December 2012 rules changes Offences causing serious harm Persistent offenders Non-custodial sentences Other types of convictions or sentence Military convictions Character, conduct or associations Related links Secretary of State’s exclusion Deportation order Travel ban.

Adverse immigration history Medical grounds

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This guidance is based on the Immigration Rules Links to staff intranet removed

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Sentence based thresholds False representation

This section tells you how to consider applications when the applicant has been convicted of a criminal offence.

Fraud and forgery This section covers sentence based thresholds for applications for: Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion

 entry clearance  limited leave to remain  indefinite leave to remain.

European Economic Area (EEA) nationals and their family members The Immigration Rules and revised criminality framework does not apply to EEA nationals, or their family members, exercising treaty rights in the UK. Unless the EEA national specifically wants to apply for leave within the rules, for example, as the spouse of a UK national.

However, there will be situations where the revised criminality framework will apply. For example:

Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

 Derivative rights – such people are not allowed to benefit from the public policy protections in the free movement directive and their cases will be considered using the standard domestic test for deportation.  Extended family members – do not have an automatic right under the free movement directive and only benefit from the provisions of the EEA regulations if they are issued with a residence document. o the new framework applies if a residence document has not been issued or the application is under consideration.

Guidance - General grounds for refusal Section 1 – version 14.0

Sentence based thresholds - Applications for limited leave to remain Sentence based thresholds - Applications for indefinite leave to remain.

Quick reference guide entry clearance and leave to enter Quick reference guide leave to remain Quick reference guide ILR (settlement)

Related links

For more information see related links:

Links to staff intranet removed

 Directive 2004/38/EC (Free movement directive) Page 17 of 151

In this section Sentence based thresholds - Application for entry clearance or leave to enter

Valid from 23 September 2013

This guidance is based on the Immigration Rules  Immigration (European Economic Area) Regulations 2006 (the EEA regulations).

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Sentence based thresholds – applications for entry clearance or leave to enter False representation

This page tells you how to consider applications for entry clearance or leave to enter if the applicant has served a sentence.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security

Before deciding the application you must check if the applicant has been convicted of an offence and been sentenced.

In this section Sentence based thresholds - Applications for limited leave to remain

Personally excluded by the Secretary of State For more information on the Secretary of State’s exclusion power, see related link: Secretary Sentence based of State’s exclusion. thresholds - Applications for indefinite leave to remain (settlement) Subject of a deportation order Where an applicant has previously been served with a deportation order, paragraph 320(2)(a) and S-EC.1.3 in Appendix FM of the Immigration Rules provide for a mandatory Quick reference guide refusal of entry clearance or leave to enter as long as the order remains extant. entry clearance and leave to enter For more information on refusing an application for entry clearance or leave to enter where a person is the subject of an extant deportation order, see link on left: Deportation order.

Quick reference guide leave to remain Restricted – do not disclose – start of section Quick reference guide ILR (settlement) The information in this page has been removed as it is restricted for internal Home Office use only.

Related links

Adverse immigration history

Other types of conviction

Medical grounds

Non-custodial sentences Secretary of State’s

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section Sentences of four years or more imprisonment If the applicant was convicted of an offence and sentenced to at least four years you must refuse entry clearance or leave to enter. You can make a mandatory refusal under paragraph 320(2)(b) and S-EC1.4(a) in Appendix FM of the Immigration Rules, see related links.

There is no time limit on how long the Home Office will take into account a conviction in this category.

However, you must consider if there are any compelling factors which amount to an exceptional reason why entry clearance should be granted. For further information, see below, exceptional cases.

Sentences of between 12 months and four years imprisonment An applicant who receives a custodial sentence of exactly 12 months is included within this category. An applicant who receives a custodial sentence of exactly four years is included within the ‘four years or more category.

If an applicant was convicted of an offence and sentenced between 12 months and four years imprisonment, you must refuse entry clearance or leave to enter. You can make a mandatory refusal under paragraph 320(2)(c) and S-EC1.4(b) in Appendix FM of the Immigration Rules, see related links. This is unless a period of ten years has passed since the end of the sentence.

You must take the end of sentence to mean the entire sentence imposed, not just the time the applicant spent in prison. For instance, an applicant who is sentenced to two years imprisonment on 1 January 2013 will not be granted entry clearance or leave to enter until 1 January 2025 (10 years added to the end of the two year sentence imposed).

After this time, an applicant is not entitled to entry clearance or leave to enter the UK, but Page 20 of 151

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exclusion Persistent offenders Character, conduct and associations Transitional arrangements Links to staff intranet removed

This guidance is based on the Immigration Rules they are eligible to apply for admission under the Immigration Rules. However, you must consider whether there are any compelling factors that amount to an exceptional reason why entry clearance must be granted within the relevant period.

For further information, see exceptional cases below.

Sentences of less than 12 months imprisonment An applicant who received a custodial sentence of exactly 12 months is not included within this category. They must be considered in the ‘between 12 months and four years category.’

You must refuse entry clearance and leave to enter for an applicant who was convicted of an offence and sentenced to less than 12 months imprisonment. You can make a mandatory refusal under paragraph 320(2)(d) and S-EC1.4(c) in Appendix FM of the Immigration Rules, see related links. This is unless a period of five years has passed since the end of the sentence.

You must take the end of sentence to mean the entire sentence imposed, not just the time the applicant spent in prison. For example, an applicant who is sentenced to nine months imprisonment on 1 January 2013 will not be considered for entry clearance or leave to enter until 1 October 2018 (five years added to the end of the nine month sentence imposed).

After this time, an applicant is not entitled to entry clearance or leave to enter the UK, but they are eligible to apply for admission under the Immigration Rules. You must consider whether there are any compelling factors that amount to an exceptional reason why entry clearance must be granted within the relevant period. For further information, see exceptional cases below.

Exceptional cases Paragraphs 320(2) and S-EC.1.4 of Appendix FM of the Immigration Rules has the following provision to allow for entry in certain circumstances.

‘Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be Page 21 of 151

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This guidance is based on the Immigration Rules in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factor’.

Exceptions will fall into one of the following three categories:  failing to grant entry would be a breach of either the UK’s obligations under the European Convention on Human Rights (ECHR) or the Refugee Convention  there are exceptional circumstances that mean entry must be granted despite the conviction, or  an applicant’s conviction is for an offence not recognised in the UK. ECHR and/or Refugee Convention This is most likely to apply where a person was deported from the UK but later had their deportation order revoked because of the ECHR, Refugee Convention or on compassionate grounds. However, this does not provide a person with the opportunity of claiming asylum, humanitarian protection or other forms of protection-based leave from outside of the UK. Exceptional circumstances This means a situation where refusal would be unjustifiably harsh. A person who is convicted of a criminal offence and sentenced to imprisonment, regardless of whether this is in the UK or elsewhere, must be aware it can affect their ability to gain entry to other countries. Therefore, it would take compelling factors to grant entry clearance or leave to enter when they would otherwise be refused.

The following is a non-exhaustive list of the types of factors you might want to take into account:  Since conviction, the passage of time or the personal circumstances of the person have significantly changed such that maintaining a refusal would be so perverse as to undermine confidence in the immigration system.  There is reliable evidence to suggest the conviction was politically motivated.  The person concerned intends to make a significant investment in the UK. For example, buying or heavily investing in a major company, so by refusing entry it would Page 22 of 151

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This guidance is based on the Immigration Rules not be in the national interest.

However, your starting point in these cases is the person will be refused. The circumstances that justify entry must be compelling. The longer the custodial sentence imposed and the less time that has passed since the person was convicted, the more compelling a person’s case would need to be.

Offences not recognised in the UK Where the person was penalised for a criminal offence which is not recognised in the UK, you must treat this as an exception to the rule rather than the existence of exceptional circumstances. For more information, see related link: Other types of conviction, section headed - Convictions outside of the UK. Non-custodial sentences Where a person has been convicted of or admitted an offence for which they have received a non-custodial sentence, other than out of court disposal, this is recorded on their criminal record within the preceding 12 months, paragraph 320(18A) and S-EC.25(a) in Appendix FM of the Immigration Rules provide for a discretionary refusal of entry clearance or leave to enter.

However, you should note the rules state leave should ‘normally’ be refused. Therefore, this should be the starting point when considering whether to grant entry. For further information on what constitutes a custodial sentence see related link: Non-custodial sentences.

The person’s offending has caused serious harm Paragraph 320(18B) and S-EC.2.5(b) in Appendix FM of the Immigration Rules provide for a discretionary refusal of entry clearance or leave to enter. There is no time limit on how long the Home Office will take into account a conviction in this category. For more information, see related link: Offending which caused serious harm - paragraph 322(5A) (a)..

Persistent offenders Where a person is, in the opinion of the Secretary of State, a persistent offender who shows a particular disregard for the law, paragraph 320(18B) and S-EC.2.5(b) in Appendix FM of the Immigration Rules provide a discretionary refusal of entry clearance or leave to enter.

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This guidance is based on the Immigration Rules There is no time limit on how long the Home Office will take into account conviction(s) in this category. For further information, see related link: Persistent offenders.

Character, conduct and associations Even when you cannot refuse a person under one of the mandatory refusal categories or the serious harm or persistent offender categories you must consider whether the person’s character, conduct and/or associations make it undesirable to grant them entry.

This could be on account of criminal convictions, criminal related activity short of a conviction or other wider reasons. For more information see related link: Character, conduct and associations.

Transitional arrangements For more information, see related link: Transitional arrangements.

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This guidance is based on the Immigration Rules

General grounds for refusal Sentence based thresholds – applications for limited leave to remain False representation

This page tells you how to consider applications for limited leave to remain if the applicant has served a sentence.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

Person excluded by the Secretary of State The Secretary of State can personally take a decision to exclude a person with a criminal history from entering the UK. This means the person cannot make an application for leave under the rules. If they do you must refuse the application. For more information see related link: Secretary of State’s exclusion.

Subject to a deportation order If the person meets the criteria for consideration for deportation because of a criminal conviction, you must refer the case to criminal casework (CC).You must not grant an applicant leave to remain until CC have an opportunity to consider whether to pursue deportation. However, just because CC are not interested in pursing a person for deportation it does not mean you should grant the case.

In this section Sentence based thresholds - Application for entry clearance or leave to enter Sentence based thresholds - Applications for indefinite leave to remain (settlement) Quick reference guide entry clearance and leave to enter

Quick reference guide If the person is the subject of a deportation order, the application for leave to remain must be leave to remain refused. This is mandatory under paragraphs 322(1B) and S-LTR1.2 of Appendix FM of the Immigration Rules.

Quick reference guide ILR (settlement) Restricted – do not disclose – start of section Related links Offences causing The information in this page has been removed as it is restricted for internal Home Office serious harm use only.

Persistent offenders

Medical grounds

Character, conduct or associations Secretary of State’s

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This guidance is based on the Immigration Rules exclusion The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section Sentences of 12 months or more imprisonment If an applicant previously sentenced to at least 12 months imprisonment, they would have either:  Been considered for deportation and served with a deportation order which remains extant. You must follow the guidance for subject of a deportation order above.  Been previously served with a deportation order but this was later revoked or it has not been possible to deport the person due to legal reasons. For example asylum or European Convention on Human Rights (ECHR). You must follow the guidance ‘Deportation order revoked and/or not possible – ECHR or refugee reasons’ below.  Been previously served with a deportation order but this has later been revoked for compassionate reasons or due to the passage of time. You must follow the guidance, ‘Deportation order revoked – compassionate reasons or passage of time’ below.  Not been considered for deportation, whether because they were convicted and sentenced outside of the UK or because it was a missed referral. You must follow the guidance, ‘Missed referrals’, below.

Deportation order revoked and/or not possible – ECHR or refugee reasons Where a person was previously served with a deportation order which was later revoked because deportation would breach either the Refugee Convention and/or the ECHR, it is likely the person would have been granted a period of:  discretionary leave  restricted leave, or  a period of limited leave in line with paragraph 399B of the Immigration Rules.

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This guidance is based on the Immigration Rules You must refer the case to the team which is responsible for considering a grant of further leave.

See related links for more information on:  Discretionary leave  Restricted leave  Article 8 ECHR cases – deportation cases.

Deportation order revoked – compassionate reasons or passage of time Where a person was previously served with a deportation order which has later been revoked on compassionate grounds or, because of time (normally 10 years) and the person was later granted entry clearance and /or leave to enter, you should not use the fact the person was previously deported as a ground for refusal.

You should consider if the person’s offending has caused serious harm and/or the person’s character and conduct makes it undesirable to permit them to remain in the UK. For further information, see related links:  Offences causing serious harm  Persistent offenders  Character, conduct or associations.

Missed referrals Where a person was not considered for deportation, either because they were convicted and sentenced outside of the UK or because it was a missed referral, you must refer the case to CC to consider deportation.

For more information of the deportation criteria and how to refer a case to CC, see related link.

If CC deports the person, you must refuse the application because either paragraph 322(1B) or S-LTR.1.2 in Appendix FM of the Immigration Rules applies.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules If CC does not proceed with deportation action, they will consider what grant of leave is appropriate.

Sentences of less than 12 months imprisonment Where an applicant is sentenced to less than 12 months imprisonment, you must consider a number of factors to assess whether there are grounds for refusing the application. This includes looking sequentially at whether:  The applicant can (or continues to) meet the rules in place for the specific route which they are applying for leave. For example whether any time spent in prison means they cannot have been meeting the requirement to study or meet a residence requirement.  There is more than one instance of criminality and/or offending so that deportation may be appropriate.  The applicant is a persistent offender  The applicant’s offending has caused serious harm, and/or  The applicant’s character, conduct or associations makes it undesirable to permit them to remain in the UK. An application could be refused on one, some or all of the above.

No longer meets the Immigration Rules When assessing an application involving criminality, you must firstly assess if the applicant can meet or cannot continue to meet the rules in place for the specific route which they are applying for leave.

This might include, but is not limited to a:  student who has spent time in prison who cannot show they have been studying for the required period  person in an employment category who has spent time in prison who cannot show they have been employed throughout the period of their leave, or  person who needs to meet a residence requirement to qualify who cannot do so because of the time they have spent in prison.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules If the person can meet the rules, you must continue to assess whether there are other reasons for refusing under general grounds for refusal.

If the person cannot meet the rules, the application should be refused. However, you must consider if there are other reasons for refusing under general grounds for refusal.

Aggregate sentences and deportation If a person meets the deportation threshold because of aggregating their sentence, for example, 12 months imprisonment made up as a combination or two or three sentences over a five year period, you must follow the process for missed referrals above.

Other grounds for refusal Even if the person does not meet the deportation criteria when aggregating their sentence, you must consider whether the person should be refused because:  of them being a persistent offender who show a particular disregard for the law  their offence(s) have caused serious harm, and/or  their character, conduct and associations makes it undesirable to permit them to remain in the UK. For further information, see related links:  Offences causing serious harm  Persistent offenders  Character, conduct or associations.

Non-custodial sentences You must follow the guidance for non-custodial sentences, see related link.

Transitional arrangements There are no transitional arrangements for applications for limited (further) leave to remain.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Sentence based thresholds – applications for ILR (settlement) False representation

This page tells you how to consider applications for indefinite leave to remain if the applicant has served a sentence.

Fraud and forgery Non-disclosure of material facts Failure to cooperate

Subject to a deportation order Where a person meets the criteria for consideration of deportation because of a criminal conviction, you must refer the case to criminal casework (CC).

An application for indefinite leave must not be granted until CC have an opportunity to consider whether to purse deportation.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order

If a person is subject to an extant deportation order at the time of application, you must refuse under paragraphs 322(1B) and S-ILR.1.2 in Appendix FM of the Immigration Rules.

For more information of the deportation criteria, see related link: When to refer a case to criminal casework (CC).

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Travel ban

In this section Sentence based thresholds - Application for entry clearance or leave to enter Sentence based thresholds - Applications for limited leave to remain Quick reference guide entry clearance and leave to enter Quick reference guide leave to remain Quick reference guide ILR (settlement)

Threat to national security

Related links

Adverse immigration history

Offences causing serious harm

Medical grounds

Non-custodial sentences

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules Restricted – do not disclose – end of section Sentences of four years or more imprisonment You must refuse an indefinite leave to remain application if an applicant was convicted of an offence and sentenced to at least four years imprisonment. There is no time limit on how long the Home Office will take into account a conviction in this category.

See related links for paragraphs 322(1C)(i) and S-ILR1.3 in Appendix FM of the Immigration Rules.

The applicant will also likely meet the threshold for consideration for deportation. You must refer the case to CC for them to consider whether to pursue deportation.

Sentences of between 12 months and four years imprisonment A person who received a custodial sentence of exactly 12 months is included within this category. A person who receives a custodial sentence of exactly four years is included within the ‘four years or more’ category.

Where a person was convicted of an offence and sentenced to between 12 months and four years imprisonment you must refuse indefinite leave to remain under paragraphs 322(1C)(ii) and S-ILR1.4 in Appendix FM of the Immigration Rules, see related links . This is unless a period of 15 years has passed since the end of the sentence.

You must take the end of sentence to mean the entire sentence imposed, not just the time the applicant spent in prison. For instance, an applicant who is sentenced to two years’ imprisonment on 1 January 2013 will not be granted settlement until 1 January 2030 (15 years added to the end of the two year sentence imposed).

The applicant will also likely meet the threshold for consideration of deportation. You must refer the case to CC for them to consider whether they wish to pursue deportation.

Sentences of less than 12 months imprisonment A person who receives a custodial sentence of exactly 12 months is not included in this Page 31 of 151

Guidance - General grounds for refusal Section 1 – version 14.0

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Transitional arrangements Links to staff intranet removed

This guidance is based on the Immigration Rules category. They must be considered in the ‘between 12 months and four years’ category.

You must refuse an application for indefinite leave to remain if an applicant was convicted of an offence and sentenced to less than 12 months imprisonment. See related links for paragraphs 322(1C)(iii) and S-ILR1.5 in Appendix FM of the Immigration Rules. This is unless a period of seven years has passed since the end of the sentence.

You must take the end of sentence to mean the entire sentence imposed, not just the time a person spent in prison. For instance, an applicant who is sentenced to nine months imprisonment on 1 January 2013 will not be granted settlement until 1 January 2020 (seven years added to the end of the nine month sentence imposed).

Non-custodial sentences If a person has been convicted of, or admitted to an offence for which they have received a non-custodial sentence or other out of court disposal recorded on their criminal record, you must refuse indefinite leave to remain under paragraphs 322(1C)(iv) and S-ILR.1.6 in Appendix FM of the Immigration Rules. This is unless the offence in question occurred more than two years ago.

For more information on non-custodial sentences, see related link.

The persons offending has caused serious harm If a person’s offending has caused serious harm, paragraphs 322(5A)(b) and S-ILR.1.7 in Appendix FM of the Immigration Rules provide for a discretionary refusal of indefinite leave.

There is no time limit on how long the Home Office will take into account conviction(s) in this category.

For further information, see related link: Offences causing serious harm.

Persistent offenders In the opinion of the Secretary of State, if a person is a persistent offender, who shows a particular disregard for the law, you can refuse indefinite leave under paragraphs 322(5)(b) and S-ILR.1.7 in Appendix FM. There is no time limit on how long the Home Office will take account conviction(s) in this category.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules Character, conduct and associations Even if a person does not fall for refusal under one of the mandatory refusal categories or the serious harm or persistent offender categories, you should consider whether the person’s character, conduct and/or association make it undesirable to permit the person to remain in the UK. This could be because of criminal convictions, criminal related activity short of a conviction or other wider reasons. For further information on when a person’s character, conduct and/or associations make it undesirable to permit them to remain in the UK, see related link.

Transitional arrangements For more information, see related link: Transitional arrangements.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Quick reference guide – entry clearance and leave to enter False representation

This page shows you the key changes about criminality when you want to refuse entry clearance or leave to enter.

Fraud and forgery

The table below shows you the key changes where refusal of entry clearance or leave to enter will or may be applicable in cases involving criminality.

Non-disclosure of You must consider if one or more of the mandatory refusal paragraphs apply and then consider if one material facts or more of the discretionary refusal paragraphs apply.

Failure to cooperate

Refusal criteria

Criminal history Exclusion conducive to public good

Explicitly provided for?

Before 13 After 13 December December 2012 2012 Yes Yes

Personally excluded by the Secretary of State Subject of a Yes deportation order

Secretary of State exclusion

Yes

Refusal type

Timescales Exceptions

Before 13 December 2012 Mandatory

After 13 December 2012 Mandatory

Mandatory

Mandatory

Deportation order Travel ban Threat to national security Adverse immigration history Page 34 of 151

Sentenced to four years or more imprisonment Sentenced to 12 months or more imprisonment

Yes – see note one below

yes

Yes – see note one below

Yes

In this section Sentence based thresholds Application for entry clearance or leave to enter

Discretionary Mandatory

Sentence based thresholds Applications for limited leave to remain

Until not excluded

Whilst extant and/or revoked At any time

ECHR grounds.

Refugee convention.

Discretionary Mandatory

Guidance - General grounds for refusal Section 1 – version 14.0

Until 10 years have passed from the end of the

Exceptional circumstances.

Valid from 23 September 2013

Quick reference guide - leave to remain Quick reference guide - ILR (settlement) Related links Non-custodial sentences

This guidance is based on the Immigration Rules Medical grounds

Sentenced to No – see up to 12 note two months below imprisonment

Yes

Convicted of a noncustodial offence The person’s offending has caused serious harm The person is a persistent offender Character, conduct, associations

No - see note two below

Yes

No

Yes

sentence Unless five years have passed from the end of sentence Discretionary Discretionary Unless it was more than 12 months ago Discretionary Discretionary At any time

No

Yes

Discretionary Discretionary At any time

Yes

Yes

Discretionary Discretionary At any time

Discretionary Mandatory

 Note one – Covered by 320(18) – ‘conviction in any country including the United Kingdom of an offence which, if committed in the United Kingdom, is punishable with imprisonment for a term of 12 months or any greater punishment or, if committed outside the United Kingdom, would be so punishable if the conduct constituting the offence had occurred in the United Kingdom.’  Note two – potentially covered by 320(18).

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Guidance - General grounds for refusal Section 1 – version 14.0

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Transitional arrangements

This guidance is based on the Immigration Rules

General grounds for refusal Quick reference guide – leave to remain False representation

This page shows you the key changes about criminality when you want to refuse leave to remain.

Fraud and forgery Non-disclosure of material facts Failure to cooperate

The table below shows you the key changes where refusal of leave to remain will or may be applicable in cases involving criminality.

You must firstly consider if the case should be referred to criminal casework (CC). For more information, see related link. You must then consider if one or more of the mandatory refusal paragraphs apply.

Criminal history Refusal criteria Exclusion conducive to public good Secretary of State exclusion Deportation order

Subject of a deportation order Sentenced to four years or more imprisonment

Travel ban Threat to national security Adverse immigration history Medical grounds

Sentenced to 12 months or more imprisonment Sentenced to up to 12 months imprisonment Convicted of a noncustodial offence The person’s offending

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Explicitly provided for?

Before 13 After 13 December December 2012 2012 No Yes No – see note one below No – see note one below No – see note two below No – see note two below No

No – see note three below No – see note one below No

In this section Sentence based thresholds - Application for entry clearance or leave to enter Sentence based thresholds - Applications for limited leave to remain

Refusal type Before 13 December 2012 Not applicable Not applicable Not applicable Not applicable

No

Not applicable

Yes

Not

Guidance - General grounds for refusal Section 1 – version 14.0

After 13 December 2012 Mandatory Discretionary – see note three below Discretionary – see note three below Discretionary – see note four below Discretionary – see note four below Discretionary

Valid from 23 September 2013

Quick reference guide entry clearance and leave to enter Quick reference guide ILR (settlement) Related links Non-custodial sentences Transitional arrangements Links to staff intranet removed

This guidance is based on the Immigration Rules has caused serious harm The person is a persistent offender Character, conduct, associations

applicable No

Yes

Yes

Yes

Not Discretionary applicable Discretionary Discretionary

 Note one – Covered by 322(5) – character, conduct and associations or the person would be considered for automatic deportation.  Note two – potentially covered by 322(5).  Note three – must be considered for automatic deportation.  Note four - Must be considered under character, conduct and associations, persistent offender and serious harm categories.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Quick reference guide – ILR (settlement) False representation

This page shows you the key changes about criminality when you want to refuse indefinite leave to remain (ILR) (settlement).

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security

The table below shows you the key changes where refusal of ILR will or may be applicable in cases involving criminality.

You must firstly consider if one or more of the mandatory refusal paragraphs apply. Then you must consider if one or more of the discretionary refusal paragraphs apply.

Refusal criteria Explicitly provided for?

Before 13 After 13 December December 2012 2012 Subject of a No Yes deportation order Sentenced to Yes – see Yes four years or note one more below imprisonment Sentenced to 12 Yes – see Yes months or more note one imprisonment below

Refusal type Before 13 December 2012 Not applicable

Timescale After 13 December 2012 Mandatory

Mandatory

Mandatory

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Sentenced to up to 12 months imprisonment

Yes – see note one below

Yes

Sentence based thresholds - Application for entry clearance or leave to enter Sentence based thresholds - Applications for limited leave to remain Quick reference guide entry clearance and leave to enter Quick reference guide leave to remain Related links

Mandatory – see note two below

Mandatory

Adverse immigration history Medical grounds

Whilst extant and/or unless revoked

In this section

Mandatory – see note two below

Guidance - General grounds for refusal Section 1 – version 14.0

Mandatory

Unless 15 years have passed from the end of sentence Unless seven years have passed from the end of sentence

Valid from 23 September 2013

Non-custodial sentences Transitional arrangements Links to staff intranet removed

This guidance is based on the Immigration Rules Convicted of a non-custodial offence The person’s offending has caused serious harm The person is a persistent offender Character, conduct, associations

Yes – see note one below No

Yes

Mandatory – see note two below Not applicable

Mandatory

No

Yes

Not applicable

Discretionary

Yes

Yes

Discretionary Discretionary

Yes

Unless it was more than two years ago

Discretionary

 Note one – Covered by ‘no unspent conviction’ rule  Note two – if unspent.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Transitional arrangements False representation

This page tells you to consider transitional arrangements if the applicant has served a sentence.

Fraud and forgery Non-disclosure of material facts

A person who made their application for leave to enter or remain before this date will need to meet the rules in place on that day. Where a person was granted entry clearance or a multi-entry visit visa before 13 December 2012 but arrived in the UK on or after this date, they must be granted entry unless:

Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

 there has been a change in circumstances  there has been further offending by the person  relevant information is available that was not declared at the time of the original application, or  there is another reason why the person does not qualify in the particular category they are seeking entry.

If there has been a change in the applicant’s circumstances, for example they have committed a further offence, you must refuse the application. See related link: Refusal paragraphs following December 2012 rules change.

However if there is information that was not declared at the time of the original decision was made or another reason why the applicant does not qualify for leave in a particular category, you must grant the applicant entry if they were granted:  entry clearance before 13 December 2012 but arrived in the UK on or after this date, or  a multi-entry visit visa before 13 December 2012 and arrived in the UK on or after this date.

Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

Related links Refusal paragraphs following December 2012 rules change

This guidance is based on the Immigration Rules

General grounds for refusal Refusal paragraphs following December 2012 rules change False representation

This page tells you to refusal paragraphs to use for the new criminality changes which start on 13 December 2012.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good

Paragraph Number 320(2)(b) or S-EC1.4(a) 320(2)(c) or S-EC1.4(b) 320(2)(d) or S-EC1.4(c)

Ground

Suggested Wording

Sentence of more than 4 years’ imprisonment

You have asked for leave to enter the United Kingdom as a [category].

However, on [date] you were convicted of [offence] for which you were sentenced to a period of imprisonment of [length].

320(7B)

Conditional caution prevents re-entry

Sentence of between 12 months’ and 4 years’ imprisonment Sentence of less than 12 months’ imprisonment

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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[You have claimed that/Consideration has been given to whether] there are compelling factors as to why you should nevertheless be allowed entry to the UK. However, [you have provided no reason as to why/the circumstances you have put forward are not considered to amount to exceptional circumstances because [reason(s)] such that] the public interest in maintaining refusal is outweighed.

You have asked for leave to enter the United Kingdom as a [category].

However, on [date] you were issued with a conditional caution for [offence] and removed from the UK. In accordance with section 134 of

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

Related links Links to staff intranet removed

This guidance is based on the Immigration Rules

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320(18A) or S-EC2.5(a)

Non-custodial sentences

320(18B) or S-EC2.5(b)

Serious harm

the Legal Aid, Sentencing and Punishment of Offenders Act 2012, you accepted the condition to leave the UK and not to return for a specified period. You were also made aware that the immigration rules require that leave to enter be refused to a person subject to such a caution condition who seeks to enter the UK within five years of their removal or departure from the UK. Accordingly your application for leave to enter is refused.

You have asked for leave to enter the United Kingdom as a [category].

However, on [date] you were convicted of [offence] for which you were sentenced to [a fine/community service/other], which amounts to a non-custodial sentence that appears on your criminal record.

You have asked for leave to enter the United Kingdom as a [category].

However, on [date(s)] you were convicted of [offence(s)] for which you were sentenced to [a fine/community service/other].

Having assessed the impact of your offending [in which you were responsible for a person’s death/you caused your victim(s) serious physical injury/other], the Secretary of State is satisfied that your offence

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

Persistent offender

Page 43 of 151

is one that has caused serious harm.

You have asked for leave to enter the United Kingdom as a [category].

However, you have [number] convictions for [number] offences [including ... name offence(s)] over the course of [timescale].

Having weighed up this offending, the Secretary of State considers that you are a persistent offender who shows a particular disregard for the law.

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Offences causing serious harm False representation

This page explains what you must consider when assessing if a person has committed an offence causing serious harm.

Fraud and forgery The following paragraphs provide a discretionary power to refuse in these circumstances.

Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good

Applicant applying for Entry clearance or leave to enter Leave to remain Indefinite leave (settlement)

General grounds for refusing 320(18B)(a)

Appendix FM

322(5A)(a) 322(5A)(a)

S-LTR.1.5 S-ILR.1.7

S-EC.2.5(b)(i)

Secretary of State exclusion

Factors to consider References to an offence which in the view of the Secretary of State causes serious harm includes, but is not limited to, causing death or serious injury to an individual or group of individuals.

Deportation order

You must assess the offence and the impact of the offence to decide what action to take.

Travel ban

The consequences of the person’s actions Involves looking at the offence the person has committed. The person does not need to be convicted for specifically causing a particular offence which makes them culpable to the criminal standard, for example, they commit a serious offence but convicted of a lesser one because it cannot be proven beyond reasonable doubt they were guilty of the more serious offence. Instead, you must look at the consequences of the person’s action(s) which caused them to be charged with an offence.

Threat to national security Adverse immigration history Medical grounds

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You must look at the circumstances and consequences of the incident(s) in question.For example, a person may have been charged with driving without insurance or driving whilst under the influence. If this led to a death or serious injury (other than their own), because the offence may have attracted a lot of public interest you may need to: Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules  refuse the application  prevent their entry to the UK, and/or  pursue the person’s deportation or removal from the UK. The impact of those actions As well as assessing the consequences of the action(s), you must consider the impact the offence had on the victim(s). The impact or harm caused could be:  death  serious physical injury.

Examples of where this might apply include, but are not limited to:      

Page 45 of 151

manslaughter dangerous driving driving whilst under the influence of drink and/or drugs the supply of drugs which directly causes the death of an individual robbery, particular if the victim is elderly or vulnerable arson.

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Persistent offenders False representation

This page tells you how to consider persistent offenders.

Fraud and forgery

The following paragraphs provide a discretionary power to refuse in these circumstances.

Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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Applicant applying for Entry clearance or leave to enter Leave to remain Indefinite leave (settlement)

General grounds for refusing 320(18B)(b)

Appendix FM

322(5A)(b) 322(5A)(b)

S-LTR.1.5 S-ILR.1.7

S-EC.2.5(b)(ii)

References to a ‘persistent offender who, in the view of the Secretary of State, has shown a particular disregard for the law’ involves a case-specific assessment of the:    

nature extent seriousness, and impact of the person’s offending.

You must take into account the following non-exhaustive list of factors. However, you must note this is not the same as the aggregate offences threshold which routinely triggers consideration of deportation.

Factors to consider The number of offences committed You must look at how many offences have been committed by the individual. There is no minimum number of offences to trigger consideration of whether refusal of an application or consideration of deportation might be appropriate. Before you reach a decision about persistence and whether it is in the public interest to refuse the application and/or pursue

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules their deportation or removal from the UK, you must look at the pattern of offending in the round and consider:  the seriousness of those offences including the degree of public nuisance and the cost of reoffending  any escalation in seriousness of the offence  the timescale over which the offences were committed  the frequency the offences were committed.

The seriousness of those offences, including the degree of public nuisance and the cost of reoffending The sentence or disposal should be the primary indicator of the seriousness of the offence.

You must consider the nature of any offence(s) the person has been convicted of and whether there are offences which made it in the public interest to:  refuse the application  prevent their entry to the UK, and/or  pursue the person’s deportation or removal from the UK. Any escalation in seriousness of the offences You must consider if the pattern of offending gives particular cause to believe the public interest would be served by refusing the application and/or pursuing the person’s deportation. This is important when considering if it would outweigh that person’s right to family or private life. Your aim is to identify a pattern of escalating offending and intervene before a more serious offence is committed.

The timescale over which they were committed You must consider over what timescale the offending has taken place and how recent the last offence took place.

If you can attribute a series of offences, committed a long time ago, to a particular incident or issue in a person’s life, this could make refusing that person’s application and/or pursuing their deportation or removal from the UK a disproportionate response. But, repeated criminality over a lengthy period of time would make such action favourable.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules The length of time the person has spent in the UK will be an appropriate consideration. For example, a person who has committed four offences in the 10 years they have spent in the UK might not be viewed as a persistent offender; a person who commits three in just six months residence might be.

The frequency within which they were committed Again, the length of time the person has spent in the UK will be an appropriate consideration. The less time a person has spent in the UK relative to the number and level of offences, the more refusing that person’s application and/or pursuing their deportation or removal from the UK becomes appropriate or begins to outweigh a person’s right to family or private life.

Any action taken to address the cause of the offending You must consider any programs or activities aimed at addressing the cause of the offending. Examples might include but are not limited to:  treatments aimed at reduction on alcohol, and/or  drug dependency or anger management courses.

A person must show that any actions have a significant impact on reducing their offending to outweigh the public interest in refusing that person’s application and/or pursuing their deportation or removal from the UK.

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Non-custodial sentences False representation

This section tells you how to consider applications when an applicant has or has had a noncustodial sentence.

Fraud and forgery

In this section Non-custodial sentences - fines

If an applicant was: Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order

you must refuse the application, see related links:  Paragraph 320(18A) and S-EC2.5(a) in Appendix FM of the Immigration Rules discretionary refusal of entry clearance or leave to enter, and/or  Paragraphs 322(1C)(iv) and S-ILR1.6 in Appendix FM of the Immigration Rules mandatory refusal of indefinite leave to remain.

See related link for further information on what constitutes a non-custodial sentence.

Travel ban Threat to national security Adverse immigration history Medical grounds

 convicted of, or admitted an offence for which they received a non-custodial sentence, or  other out of court disposal recorded on their criminal record within the preceding: o 12 months for entry clearance or leave to enter o 24 months leave to remain

For more information see related links:       

Non-custodial sentences - fixed penalty notices Non-custodial sentences - cautions, warnings and reprimands Non-custodial sentences - absolute and conditional discharges Non-custodial sentences - binding over Non-custodial sentences and orders

Fines Fixed penalty notices Cautions, warnings and reprimands Absolute and conditional discharges Binding over Non-custodial sentences and orders Disqualifications from driving.

Non-custodial sentences disqualifications from driving

Related links Page 49 of 151

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules Links to staff intranet removed

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Non-custodial sentences – fines False representation

This page tells you how to consider an application when an applicant has or has had a fine.

Fraud and forgery

A fine is considered to be a non-custodial sentence which forms part of the person’s criminal record. If a person has a fine (regardless of the size and/or amount they were fined) within the relevant timeframe, you must:

Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion

 refuse the application (where mandatory), or  consider refusing the application (where discretionary).

In this section Non-custodial sentences Non-custodial sentences - fixed penalty notices

You must be aware of the distinction between a fine and a fixed penalty notice. For more information on fixed penalty notices, see related link.

Non-custodial sentences - cautions, warnings and reprimands

If an applicant has received multiple fines, (whether within the relevant timeframe or not) or one or more fines alongside other non-custodial sentences, particularly over a short period of time, you must also consider if a refusal under the persistent offender and/or the character, conduct and associations category is appropriate. For further information, see related links:

Non-custodial sentences - absolute and conditional discharges

Deportation order  Persistent offenders  Character, conduct or association.

Travel ban

Non-custodial sentences - binding over

Threat to national security

Non-custodial sentences and orders

Adverse immigration history

Non-custodial sentences disqualifications from driving

Medical grounds

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This guidance is based on the Immigration Rules

General grounds for refusal Non-custodial sentences - fixed penalty notices False representation

This page tells you how to consider an application from someone who has or has had a fixed penalty notice.

Fraud and forgery Non-disclosure of material facts Failure to cooperate

A way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court is to issue a:

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

Non-custodial sentences Non-custodial sentences - fines

 fixed penalty notice (FPN)  penalty charge notice (PCN), or  penalty notice for disorder (PND).

Criminal history Exclusion conducive to public good

In this section

Receiving one does not form part of a person’s criminal record as there is no admission of guilt. You must disregard them for the purposes of checking if they amount to a conviction for an offence. However you must be aware of the exceptions, as follows.  There are criminal proceedings for failure to pay and the individual receives a more serious penalty as a result. The new penalty imposed must be the starting point for considering if the applicant is refused within a different refusal category. Or  The person has multiple penalty notices, or one or more penalty notices alongside other non-custodial sentences, particularly over a short period of time. You must consider if, additionally or alternatively, the character, conduct and associations provisions apply.

For further information, see related links:

Non-custodial sentences - cautions, warnings and reprimands Non-custodial sentences - absolute and conditional discharges Non-custodial sentences - binding over Non-custodial sentences and orders Non-custodial sentences disqualifications from driving

 Character, conduct or associations  Penalty notices for disorder.

Medical grounds

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General grounds for refusal Non-custodial sentences – cautions, warnings and reprimands False representation

This page tells you how to consider an application when an applicant has or has had a caution, warning and/or reprimand.

Fraud and forgery There are two forms of Police cautions administered in the UK. Non-disclosure of material facts

 A simple caution, or  A conditional caution, which has specific conditions attached the offender must satisfy.

In this section Non-custodial sentences Non-custodial sentences - fines

Failure to cooperate Criminal history

Reprimands and final warnings are similar to cautions but are issued in the UK to those aged 17 or under.

Exclusion conducive to public good

A police caution forms part of a person's criminal record and therefore if a person has a caution within the relevant timeframe, you must:

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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 refuse the application (where mandatory), or  consider refusing the application (where discretionary).

Where an applicant has multiple cautions, or one or more cautions alongside other noncustodial sentences, particularly over a short period of time, you must consider if you can refuse under the persistent offender and/or character, conduct and associations category.

For further information, see related links:  Persistent offenders  Character, conduct or associations

Non-custodial sentences - absolute and conditional discharges Non-custodial sentences - binding over Non-custodial sentences and orders Non-custodial sentences disqualifications from driving

You must be aware of the distinction between a:  conditional caution issued under section 134 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, which includes a specific requirement to leave the UK and a caution issued outside the UK, or

Guidance - General grounds for refusal Section 1 – version 14.0

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Related links Persistent offenders

This guidance is based on the Immigration Rules  caution issued in the UK without such a requirement.

For more information see related link: Non-custodial sentences: absolute and conditional discharges.

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Character, conduct or associations

This guidance is based on the Immigration Rules

General grounds for refusal Non-custodial sentences – absolute and conditional discharges False representation

This page tells you how to consider an application when an applicant has or has had an absolute and conditional discharge.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion

Discharges are a type of sentence where the person is found guilty of an offence but they receive no punishment. There are two types:  A conditional discharge. This adds a condition where, provided no further offence is committed in a period set by the court, no specific penalty is applied for the specific offence. If a person commits another offence during that time, they can be sentenced for the first offence and the new one.  An absolute discharge. This is unconditional. It is a sentence for which the court decides the experience of going to court is punishment enough. However, the offender still gets a criminal record.

Both conditional and absolute discharges form a part of a person's criminal record and count as a non-custodial sentence for immigration purposes. If the applicant has either of these within the relevant timeframe, you must:

Deportation order  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

Travel ban Threat to national security Adverse immigration history Medical grounds

If an applicant had and/or has multiple discharges, or one or more multiple discharges alongside other non-custodial sentences, particularly over a short period of time, you must consider whether you can refuse under the persistent offender and/or character, conduct and associations category.

For more information, see related links:

Guidance - General grounds for refusal Section 1 – version 14.0

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 Persistent offenders  Character, conduct or associations.

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In this section Non-custodial sentences

Character, conduct or Valid from 23 September 2013

This guidance is based on the Immigration Rules associations

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General grounds for refusal Non-custodial sentences – binding over False representation

This page tells you how to consider an application when an applicant has been bound over.

Fraud and forgery

A bind over is a power exercised by a court as an alternative to prosecution for a criminal offence. It generally involves an agreement by the person concerned to be of good behaviour or to keep the peace.

Non-disclosure of material facts Failure to cooperate Criminal history

It does not form part of a person’s criminal record and must be disregarded for the purposes of counting as a conviction for an offence.

It is unlikely a person will receive multiple bind overs, given they are designed to be used for incidents that are one-offs.

Exclusion conducive to public good Secretary of State exclusion

But where a person has received multiple bind overs, or one or more bind overs alongside other non-custodial sentences, particularly over a short period of time, you must also consider whether you can refuse under the persistent offender and/or the character, conduct and associations.

Deportation order

See related links for more information on:

Non-custodial sentences - fines Non-custodial sentences - fixed penalty notices Non-custodial sentences - cautions, warnings and reprimands Non-custodial sentences - absolute and conditional discharges

 Persistent offenders  Character, conduct or associations.

Travel ban

In this section Non-custodial sentences

Threat to national security

Non-custodial sentences and orders

Adverse immigration history

Non-custodial sentences disqualifications from driving

Medical grounds

Related links Persistent offenders Page 59 of 151

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This guidance is based on the Immigration Rules

General grounds for refusal Non-custodial sentences and orders False representation

This page explains the non custodial sentences and number of different non-custodial orders.

Fraud and forgery Non-disclosure of material facts

Hospital and restriction orders Courts may order the detention in hospital of mentally disordered offenders by making a hospital order. A restriction order may be imposed alongside a hospital order by the Crown Court in certain circumstances.

Failure to cooperate For further information on when a hospital order and a restriction order is issued, see chapter 4 of the Department of Health Reference guide to the Mental Health Act 1983, see related link.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

A hospital order forms a part of a person's criminal record and counts as a non-custodial sentence for immigration purposes, if an applicant has received one within the relevant timeframe, you must:  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

Community sentences and orders A community sentence is issued when a person is convicted of a crime by a court but is not sent to prison. Community sentences allow offenders to undertake rehabilitation programmes and work in the community whilst under the supervision of the Probation Service.

A community order allows judges and magistrates to tailor the community sentences to fit the needs of the offender. This can include:

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Valid from 23 September 2013

This guidance is based on the Immigration Rules         

prohibition from undertaking specific activities undertaking accredited programmes curfew exclusion from specified areas a residence requirement mental health treatment drug rehabilitation alcohol treatment, and/or attendance centre.

Character, conduct or associations Links to staff intranet removed

The imposition of one, more or all of the above form a part of a person's criminal record and therefore counts as a non-custodial sentence for immigration purposes. Where an applicant has such a sentence, you must either:  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

In all the above categories if an applicant has multiple community sentences, or one or more community sentences alongside other non-custodial sentences, particularly over a short period of time, you must consider whether you can refuse under the persistent offender and/or ‘character, conduct and associations category.

See related links for more information on:  Persistent offenders  Character, conduct or associations Anti-social behaviour orders (ASBOs) An ASBO is a civil order considered by the courts in its civil jurisdiction and is a civil order. It does not count as a conviction for immigration purposes.

However, breach of an ASBO is a criminal offence and conviction may result in up to five years imprisonment.

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This guidance is based on the Immigration Rules In these cases you must disregard an ASBO as a conviction, but you must consider if a refusal under the ‘persistent offender’ and/or ‘character, conduct and associations’ category is appropriate.

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General grounds for refusal Non-custodial sentences – disqualifications from driving False representation

This page tells you how to consider an applicant who is disqualified from driving.

Fraud and forgery

A person can be disqualified from driving if they:

Non-disclosure of material facts

 are convicted of a driving offence, or  receive 12 or more penalty points (endorsements) within three years or two years for recently qualified drivers.

Failure to cooperate The court will decide how long the disqualification will last, based on how serious they think the offence is. A disqualification from driving can be either in addition to, or instead of, any other sentence.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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This does form part of a person's criminal record and counts as a non-custodial sentence for immigration purposes. If an applicant receives a disqualification from driving you must:  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

At the same time or alternatively, you must consider the events which caused the applicant to be disqualified from driving to decide whether you can refuse under the serious harm, persistent offender and/or character, conduct and associations category.

See related links for more information on:  Offences causing serious harm  Persistent offenders  Character, conduct or associations.

Guidance - General grounds for refusal Section 1 – version 14.0

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In this section Non-custodial sentences Non-custodial sentences - fines Non-custodial sentences - fixed penalty notices Non-custodial sentences - cautions, warnings and reprimands Non-custodial sentences - absolute and conditional discharges Non-custodial sentences - binding over Non-custodial sentences and orders Related links Offences causing serious harm Persistent offenders Character, conduct or associations

This guidance is based on the Immigration Rules

General grounds for refusal Other types of convictions or sentences False representation

This section tells you about other types of convictions or sentences.

Fraud and forgery

A conviction means ‘conviction for a criminal offence in the UK or any other country’ as set out in paragraph 6 of the Immigration Rules.

Non-disclosure of material facts

In this section Scottish sentences Other types of conviction

See related links: Other types of sentence

Failure to cooperate Criminal history Exclusion conducive to public good

   

Scottish sentences Other types of conviction Other types of sentence Young offenders.

Young offenders

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This guidance is based on the Immigration Rules

General grounds for refusal Scottish sentences False representation

This page tells you how to consider applications from someone who received a sentence in Scotland.

Fraud and forgery Non-disclosure of material facts

Despite the many similarities between Scottish and English law, there are some differences which are not always directly comparable.

In this section Other types of conviction Other types of sentence

The Scottish legal system has three possible verdicts for a criminal trial: Failure to cooperate

Young offenders  guilty  not guilty, and  not proven.

Criminal history Exclusion conducive to public good Secretary of State exclusion

Related links Persistent offenders

Both ‘not guilty’ and ‘not proven’ result in an acquittal with no possibility of retrial.

Deferred sentences Under section 202 of the Criminal Procedure (Scotland) Act 1995, a court may defer sentence after conviction for a period and on such conditions as it determines.

Deportation order At the end of that period of deferment, the offender returns to court. If they have complied with the conditions and have not come to the adverse attention of the police they are likely to be dealt with more leniently.

Travel ban Threat to national security Adverse immigration history

A deferred sentence is not, in itself, a sentence. The sentence is only imposed at the end of the process when the offender returns to court.

You must take account of the sentence imposed by the court at the end of the deferred sentence.

Medical grounds Admonition Admonition is a sentence in its own right but can also be used with other sentences.

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Character, conduct or associations Links to staff intranet removed

This guidance is based on the Immigration Rules Admonition is considered as a non-custodial sentence which forms part of a person’s criminal record. If a person receives an admonition within the relevant timeframe, you must:  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

If a person has multiple admonitions, or one or more admonitions alongside other noncustodial sentences, particularly over a short period of time, you must consider if a refusal under the ‘persistent offender’ and/or ‘character, conduct and associations’ category is appropriate.

Procurator fiscal fines A fiscal fine acts as compensation to someone affected by the alleged offence. If the offender agrees to pay the fine, they will not be prosecuted. Fiscal fines are not part of a person’s criminal record. They must be disregarded for the purposes of whether they amount to a conviction for an offence.

However, if an individual has multiple fiscal fines, or one or more fiscal fines alongside other non-custodial sentences, particularly over a short period of time, you must consider whether a refusal under the ‘character, conduct and associations’ category is appropriate.

For further information see related links:  Persistent offenders  Character, conduct or associations.

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This guidance is based on the Immigration Rules

General grounds for refusal Other types of conviction False representation

This page tells you how to consider applications from someone with other types of conviction.

Fraud and forgery Non-disclosure of material facts

In this section Scottish sentences

Convictions outside of the UK You must only take account of the sentence imposed and not seek to identify what are the comparable offences in the UK.

Other types of sentence Young offenders

Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion

However, a person may have a sentence for an act which would not constitute a criminal offence in UK, for example, homosexuality or proselytising (to convert someone from one religious faith to another). Such an offence should be treated as an exception.

Convictions or sentences quashed, reduced or increased on appeal In assessing whether a particular threshold is met you must use the sentence imposed, not the actual time spent in prison. However, this does not include:  suspended sentences (unless that sentence is subsequently ‘activated’), or  convictions which are subsequently quashed on appeal.

Deportation order If sentences are increased or reduced on appeal but the person remains convicted of the offence, the ‘revised’ sentence length will apply.

Travel ban Threat to national security Adverse immigration history

For example, if a sentence is increased from two to four years on appeal, the sentence length must be four years. Where a sentence is reduced from four to two years on appeal, the sentence length must be two years.

Action taken in response of an earlier sentence is not treated as invalid or incorrect if it was taken in reliance of information known at the time.

Medical grounds

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This guidance is based on the Immigration Rules

General grounds for refusal Other types of sentence False representation

This page tells you how to consider applications from someone with other types of sentence. In this section

Fraud and forgery

Consecutive and concurrent sentences Where a person is sentenced to a:

Non-disclosure of material facts Failure to cooperate

Scottish sentences

 consecutive sentence, the period of imprisonment equals all the sentences added together  concurrent sentence, the period of imprisonment equals the length of the longest sentence.

Criminal history

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

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Young offenders Related links

Exclusion conducive to public good

Medical grounds

Other types of conviction

Suspended sentences A suspended prison sentence must be treated as a non-custodial sentence.

However, an exception occurs if the sentence is subsequently ‘activated’. This means the person either re-offends or fails to adhere to or breaches the conditions attached to the suspension of the sentence.

Sentence based thresholds - application for entry clearance or leave to enter

Sentence based If the sentence is subsequently ‘activated’, the sentence length is the one originally imposed. thresholds - applications For example, if a person is sentenced to 12 months’ imprisonment, suspended for two years for limited leave to remain and it is subsequently ‘activated’, the sentence must be 12 months.

Life sentences You will need to consider an applicant who is sentenced to imprisonment or an indeterminate period in the same way as those sentenced to four years or more imprisonment. See related links:  Sentence based thresholds - applications for entry clearance or leave to enter  Sentence based thresholds - applications for limited leave to remain  Sentence-based thresholds - applications for indefinite leave to remain.

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Sentence based thresholds - applications for indefinite leave to remain

This guidance is based on the Immigration Rules

General grounds for refusal Young offenders False representation

This page tells you how to consider applications when the applicant is a young offender.

Fraud and forgery

You must take the sentence of a young offender, particularly if it involves being sent to a Young Offenders Institute, as the period you need to assess the case.

Non-disclosure of material facts

You must not make any re-assessment or re-adjustment of a case because the applicant was a minor when convicted and sentenced.

Failure to cooperate This would have been considered by the criminal justice system when imposing the relevant penalty.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Scottish sentences Other types of conviction Other types of sentence

This guidance is based on the Immigration Rules

General grounds for refusal Military convictions False representation

This page tells you how to consider applications when the applicant has or has had a military conviction.

Related links

For more information see related link: 2A - Persons seeking settlement on discharge from HM Forces

Links to staff intranet removed

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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General grounds for refusal Character, conduct or associations False representation

This section gives you a non-exhaustive list of factors that warrant consideration of and potential refusal under the character, conduct and associations provisions.

Fraud and forgery The following paragraphs provide a discretionary power to refuse in these circumstances.

Non-disclosure of material facts Failure to cooperate Criminal history

Applicant applying for entry clearance or leave to enter leave to remain indefinite leave (settlement)

General grounds for refusing 320(19B), 321A(5)

Appendix FM

Threat to national security Adverse immigration history Medical grounds

Association with known criminals Involvement with gangs

322(5) 322(5)

S-LTR.1.6 S-ILR.1.8

Pending prosecutions Extradition requests

General You must assess if there are cumulative grounds for refusing a person on character, conduct or associations grounds if a person falls under more than one of the categories included in this section (see related links) or there are other reasons for considering refusal.

Deportation order Travel ban

Low-level criminalrelated activity

S-EC.1.5

Exclusion conducive to public good Secretary of State exclusion

In this section

However, the person must be informed of the reasons why their application is being refused or why a particular course of action (for example, deportation) is being considered or pursued. It is not enough to simply refuse a person on ‘character, conduct and/or associations’ grounds without explaining why.

Public order risks Proscribed organisations Unacceptable behaviours War crimes

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Article 1F of the refugee convention Deliberate debting

Proceeds of crime and Page 72 of 151

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Restricted – not for disclosure – end of section Whilst a person does not necessarily need to have been convicted of a criminal offence for this provision to apply, the key to establishing a refusal under this category will be the existence of reliable evidence necessary to support a decision that the person’s behaviour calls into question their character and/or conduct and/or associations such that it makes it undesirable to allow them to enter or remain in the UK. See related links for more information on:  Travel bans  Article 1F of the refugee convention  Deception and dishonesty in dealings with Her Majesty’s Government.

finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government Related links Travel ban

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General grounds for refusal Low-level criminal-related activity False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

This page tells you how to consider low-level criminal-related activities.

In this section Association with known It is unlikely a person will be refused under the character, conduct or associations grounds criminals for a single conviction that results in a non-custodial sentence outside the relevant Involvement with gangs timeframe.

Pending prosecutions Extradition requests However, the greater the number of cautions, warnings, absolute and/or conditional Public order risks discharges and admonishments on a person’s record, the more likely it is that the character Proscribed and conduct provisions are applicable. organisations Unacceptable At the same time or alternatively, you must consider refusing the person under the persistent behaviours offender category. For further information on this, see related link: Persistent offenders.

War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government Related links

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General grounds for refusal Association with known criminals False representation

This page tells you how to consider an application when the applicant has associations with known criminals.

Fraud and forgery Non-disclosure of material facts Failure to cooperate

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – not for disclosure – end of section

Criminal history When considering a refusal on this basis, you must consider the: Exclusion conducive to public good Secretary of State exclusion

 extent of the person’s connections with the individual(s) or group concerned, and  known impact of their activities.

For example, you must not refuse a person simply for knowing a known criminal.

Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Low-level criminalrelated activity Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Involvement with gangs False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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This page tells you how to consider an application when the applicant is involved with gangs.

In this section Low-level criminalrelated activity Where there is reliable information the person is involved with a gang, you must consider Association with known refusing the person under the character, conduct and association provision. See related criminals link.

Pending prosecutions Extradition requests Public order risks Restricted – not for disclosure – start of section Proscribed The information in this page has been removed as it is restricted for internal Home Office organisations use only.

Unacceptable behaviours Restricted – not for disclosure – end of section War crimes Article 1F of the refugee When considering a refusal on this basis, you must consider both the conduct of the convention individual and the known impact of that gang’s activities.

Deliberate debting Proceeds of crime and The more senior or involved a person is in a gang, the more likely it is that refusal is justified. finances of questionable Equally, the more prominent and active the gang is, without the person being particularly origins senior, the more likely that refusal is justified.

Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government Character, conduct or

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General grounds for refusal Pending prosecutions False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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This page tells how to consider an application when the applicant has pending prosecution(s).

In this section Low-level criminalrelated activity If a person has a prosecution pending for an offence or series of offences, you must put the Association with known application on hold pending the outcome of the criminal proceedings. criminals Involvement with gangs However, although you must stick to the principle of innocent until proven guilty, insufficient Extradition requests evidence to bring a case to court does not prevent you refusing the application. This is Public order risks because the standard of proof is lower for a refusal under character and/or conduct grounds. Proscribed organisations Where the application cannot be held, for example, the person has arrived at a UK port Unacceptable seeking entry, you must consider the nature of the offences for which the person is awaiting behaviours trial.

War crimes Article 1F of the refugee If the offence in question is serious, such that conviction is likely to result in a sentence of convention imprisonment, you must consider refusal. The more serious the offence and the longer the Deliberate debting sentence likely on conviction, the more likely it will be that the character and conduct Proceeds of crime and provisions are applicable. finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

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General grounds for refusal Extradition requests False representation

This page tells you how to consider extradition requests.

Fraud and forgery

An extradition request generally falls into two categories:

Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good

 A request by one jurisdiction for the arrest of a person to return and stand trial for an offence or offences. You must follow the same approach as with pending prosecutions. See related link: Pending prosecutions.  A request by one jurisdiction for the arrest of a person to return and complete a trial for a sentence already imposed in respect of an offence or offences. You must consider the sentence imposed and must either: o refuse the application (where mandatory), or o consider refusing the application (where discretionary).

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Public order risks False representation

This page tells you how to consider an applicant who is a public order risk.

Fraud and forgery

Where a person has engaged in activities that are likely to give rise to a risk to public order, you would refuse under character, conduct and associations grounds because it is undesirable to allow them to enter or remain in the UK.

Non-disclosure of material facts

Examples include but are not limited to: Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order

 The person has made speeches (or similar) with the aim of inciting ethnic and/or racial, religious or other discriminatory violence.  The person intends to come to the UK to make such speeches (or similar).  Admitting the person may lead to an offence being committed by someone else. For example, the applicant may have extreme views which if expressed could result in civil unrest and a breach of the law.  The person has advocated violent disorder or violent overthrow of the state. This does not need to be politically motivated. For example, a known football hooligan could be regarded as a public order risk.

Restricted – do not disclose – start of section

Travel ban Threat to national security

The information in this page has been removed as it is restricted for internal Home Office use only.

Adverse immigration history Medical grounds Restricted – do not disclose – start of section

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules Related links Links to staff intranet removed

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This guidance is based on the Immigration Rules

General grounds for refusal Proscribed organisations False representation

This page tells you about proscribed organisations.

In this section

Fraud and forgery

The Terrorism Act 2000 created numerous offences linked to the support, organisation and/or membership of a proscribed organisation. An organisation is proscribed if it:

Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

Non-disclosure of material facts Failure to cooperate Criminal history

   

commits or participates in acts of terrorism prepares for terrorism promotes or encourages terrorism, or is otherwise concerned in terrorism.

Exclusion conducive to public good

Where a person is a member, supporter or financer, or claims to be one, of one of the organisations listed, you would refuse under character, conduct and associations grounds because it is undesirable to allow them to enter or remain in the UK.

Secretary of State exclusion

A person does not necessarily need to have been convicted of an offence under the Terrorism Act (or another) for this to apply.

Deportation order

For further information on proscribed organisations, including those groups currently listed and how a group becomes one, see related link: Proscribed Terrorist Groups.

Travel ban Threat to national security Adverse immigration history

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules Related links Restricted – not for disclosure – end of section

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Guidance - General grounds for refusal Section 1 – version 14.0

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Links to staff intranet removed

This guidance is based on the Immigration Rules

General grounds for refusal Unacceptable behaviours False representation

This page tells you how to consider an applicant who you think has engaged in unacceptable behaviours.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

The list of unacceptable behaviours is indicative rather than exhaustive. It covers any nonUK citizen whether in the UK or abroad who uses any means or medium, including:    

writing, producing, publishing or distributing material public speaking including preaching running a website, or using a position of responsibility such as teacher, community or youth leader to express views which: o foment (instigate or encourage), justify or glorify terrorist violence in furtherance of particular beliefs o seek to provoke others to terrorist acts o foment other serious criminal activity or seek to provoke others to serious criminal acts, or o foster hatred which might lead to inter-community violence in the UK.

If someone has engaged in any of the activities mentioned above, you should normally refuse on the grounds of character, conduct and associations. This is because it will be undesirable to allow them to enter or remain in the UK. If you are not sure if the evidence of their unacceptable behaviour is enough to refuse entry or remain, before you make the decision you must ask your senior caseworker or line manager for further advice.

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

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Guidance - General grounds for refusal Section 1 – version 14.0

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules Related links The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – not for disclosure – end of section

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Links to staff intranet removed

This guidance is based on the Immigration Rules

General grounds for refusal War crimes False representation

This page tells you what do if you think a person has committed, participated or been complicit in war crimes.

Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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You must refuse a person under character, conduct and associations grounds if you think there are serious reasons for considering they have committed, participated or otherwise been complicit in:  war crimes  crimes against peace  crimes against humanity or genocide even if they have not been charged or convicted.

This is irrespective of whether they were excluded from the Refugee Convention. For example, the person may not have applied for asylum at any point in the past.

For further information on war crimes, including what constitutes a war crime, who might be a war criminal and how to deal with a case where this arises, see related links:  War crimes  Suspected war criminals  Exclusion under Article 1F of the Refugee Convention.

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – not for disclosure – end of section

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Related links Links to staff intranet removed

This guidance is based on the Immigration Rules

General grounds for refusal Article 1F of the refugee convention False representation

This page tells you what to do for an applicant under article 1F of the refugee convention.

Fraud and forgery

A person excluded from the Refugee Convention by virtue of article 1F or article 33(2) who has had their asylum claim refused, if applying under any other provision of the immigration Rules, will fall for refusal under character, conduct and associations grounds.

Non-disclosure of material facts Failure to cooperate Criminal history

This is because the actions which caused them to be excluded are so serious as to call into question their character, conduct and/or associations.

For further information on the exclusion provisions, see related link: Exclusion under Article 1F of the Refugee Convention

Exclusion conducive to public good Secretary of State exclusion

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Deportation order Travel ban Threat to national security Adverse immigration history

Restricted – not for disclosure – end of section

Medical grounds

In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government Related links

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This guidance is based on the Immigration Rules Links to staff intranet removed

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Deliberate debting False representation

This page tells you what to do if a person has deliberately got themselves into serious debt.

Fraud and forgery

You must not refuse an application only because a person is in debt, especially if repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts.

Non-disclosure of material facts Failure to cooperate

However, where a person deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, you must refuse under character, conduct and associations grounds.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Proceeds of crime and finances of questionable origins False representation

This page tells you what to do if a person has proceeds of crime and finances of questionable origins.

Fraud and forgery Non-disclosure of material facts

If you have reliable information the applicant has benefitted from the proceeds of crime, particularly where that financing is directly relevant to their application to enter or remain in the UK, you must refuse under character, conduct and associations grounds. For example if the applicant is entering under the investor route.

Failure to cooperate A person does not need to have had action taken under Proceeds of Crime legislation to be refused under this category.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Corruption False representation

This page tells you what to do if you find a person has been involved in corruption.

Fraud and forgery

This category is most likely to apply to individuals who have been involved in a state-level organisation.

Non-disclosure of material facts Failure to cooperate

As corruption undermines legitimate democracies, where a person has been involved or complicit in corruption, you must refuse them under character, conduct and associations grounds.

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Relations between the UK and elsewhere False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history Exclusion conducive to public good

This page tells you what action to take if a person could unfavourably affect foreign policy.

Restricted – not for disclosure – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – not for disclosure – end of section When a person’s presence in the UK could unfavourably affect foreign policy, you must refuse under character, conduct and associations grounds because it is undesirable to allow them to enter or remain in the UK.

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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Guidance - General grounds for refusal Section 1 – version 14.0

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Assisting in the evasion of immigration control Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Assisting in the evasion of immigration control False representation

This page tells you what action to take if an applicant is currently or has assisted in the evasion of immigration control.

Fraud and forgery Non-disclosure of material facts

You must refuse under character, conduct and associations grounds where there is reliable evidence to suggest an applicant is currently, or has previously been, involved in an attempt to assist someone in the evasion of immigration control.

Failure to cooperate

Examples might include, but are not limited to:

Criminal history Exclusion conducive to public good

 providing false documents to assist people in the application process  facilitating illegal entry  facilitating, assisting with the arrangement of, or entering into a sham marriage.

Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Employment of illegal workers Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Employment of illegal workers False representation

This page tell you what you must do if you find an applicant has employed illegal workers.

Fraud and forgery Non-disclosure of material facts

Illegal working causes damaging social and economic problems for the UK. It undercuts businesses that operate within the law, undermines British workers and exploits migrant workers. Where there is reliable evidence to suggest that an applicant has employed illegal workers, you must refuse under character, conduct and associations grounds.

Failure to cooperate

Where the applicant has been fined for an offence related to this, you must either:  refuse the application (where mandatory), or  consider refusing the application (where discretionary).

Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history Medical grounds

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In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Deception and dishonesty in dealings with Her Majesty's Government

This guidance is based on the Immigration Rules

General grounds for refusal Deception and dishonesty in dealings with Her Majesty’s Government False representation

This page tells you how to consider an application from someone who has been dishonest or used deception.

Fraud and forgery Non-disclosure of material facts

Deceitful or dishonest dealings with Her Majesty’s Government (HMG) If a person attempts to deceive or otherwise be clearly dishonest in their dealings with another department of government, they fall for refusal under character, conduct and associations grounds.

Failure to cooperate Examples might include, but are not limited to: Criminal history Exclusion conducive to public good Secretary of State exclusion Deportation order Travel ban Threat to national security Adverse immigration history

 fraudulently claiming or otherwise defrauding the benefits system  providing dishonest information in order to acquire goods or services, for example, providing false details in order to obtain a driving licence  provided false or deliberately misleading information at earlier stages of the immigration application process, for example: o providing false bio-data o claiming to be a nationality they are not, or o concealing conviction data.

You must assess the extent to which false information was provided and what, if anything, was intended or actually gained as a result. For example, it is not appropriate to refuse someone for making a genuine mistake on an application form or claiming something to which they reasonably believed or were advised they were entitled.

Failing to declare convictions There is no specific provision to refuse for failing to declare criminal convictions. However, you must consider if a failure to do so:

In this section Low-level criminalrelated activity Association with known criminals Involvement with gangs Pending prosecutions Extradition requests Public order risks Proscribed organisations Unacceptable behaviours War crimes Article 1F of the refugee convention Deliberate debting Proceeds of crime and finances of questionable origins Corruption Relations between the UK and elsewhere Assisting in the evasion of immigration control Employment of illegal workers

Medical grounds  amounts to deception because false representations are being made  false documents or information are submitted, or Page 98 of 151

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Related links Character, conduct or associations

This guidance is based on the Immigration Rules  material facts are not disclosed.

For more information on when deception may have been employed, see related link: Deception.

The following paragraphs provide a discretionary power to refuse in these circumstances.

Applicant applying for entry clearance or leave to enter leave to remain Indefinite leave (settlement)

General ground for refusal 320 (7A), 321(i), 321A(2)

Appendix FM S-EC.2.2

322(1A), 322(2) 322(1A), 322(2)

S-LTR.2.2 S-ILR.2.2

You must consider refusing an application on character and conduct grounds if a person fails to declare a criminal conviction, especially when explicitly asked to do so on an application form. However, an application must not be refused if you believe the person has made a genuine error.

For example, a person may not have been aware that they needed to declare a fine for a motoring conviction, however, this is different to a person who fails to declare a conviction which resulted in a period of imprisonment. Each case must be considered on its own merits.

For further information on this, see related link: Character, conduct or associations.

From 1 October 2012, the effect of section 56A of the UK Borders Act 2007 is that a person must declare all their criminal convictions in their dealings with the Home Office, regardless of whether or not they are spent.

For applications made on or after 13 December 2012, it is not reasonable for an applicant to think their conviction is ‘spent’ within the meaning of the Rehabilitation of Offenders Act 1974.

For further information on spent convictions, the Rehabilitation of Offenders Act 1974 and Page 99 of 151

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This guidance is based on the Immigration Rules s56A of the UK Borders Act 2007, see related link: Rehabilitation of Offenders Act.

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This guidance is based on the Immigration Rules

General grounds for refusal Exclusion is conducive to the public good False representation

This page explains what the Immigration Rules say about when exclusion is conducive to the public good, which is a general ground for refusal.

Fraud and forgery

Related links Checks

What the rules require If it is conducive to the public good not to admit a person to the UK because of their character, conduct or associations you must consider refusing entry or leave to remain.

Non-disclosure of material facts

Links to staff intranet removed

Failure to cooperate Restricted – do not disclose – start of section

Criminal history Exclusion conducive to public good

The information in this page has been removed as it is restricted for internal Home Office use only.

Secretary of State exclusion Deportation order

Restricted – do not disclose – end of section

Travel ban Such a person may include: Threat to national security Adverse immigration history Medical grounds

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 a member of a proscribed group  a person suspected of war crimes or crimes against humanity  a person whose presence is undesirable because of their character, conduct or associations  a person whose presence might lead to an infringement of UK law or a breach of public order, and/or  a person whose presence may lead to an offence being committed by someone else.

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules For entry clearance  If you intend to refuse a person because it is conducive to the public good, paragraph 320(19) of the rules applies.

For leave to remain  If you intend to refuse a person because it is conducive to the public good, paragraph 322(5) of the rules apply.

For more information on how you consider whether exclusion is conducive to the public good see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

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This guidance is based on the Immigration Rules

General grounds for refusal Secretary of State’s exclusion False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate

This page explains what the Immigration Rules say when the person is a nonEuropean Economic Area (EEA) applicant who has been excluded from entering the UK at the direction of the Secretary of State. This is a general ground for refusal.

When the Secretary of State has personally directed that a person’s exclusion from the UK is conducive to the public good, you must refuse entry or entry clearance.

This is mandatory under paragraph 320(6) and S-EC.1.2 of Appendix FM of the Immigration Rules.

Related links Checks Links to staff intranet removed

Criminal history Exclusion conducive to public good

Returning residents and the spouses or children under 18 of people settled in the UK are not exempt from refusal under this paragraph.

Exclusion can be recommended if there is evidence of conduct or activities that indicate exclusion would be conducive to the public good.

Secretary of State exclusion

If a person has not been excluded by the Secretary of State personally but their character, conduct or associations are such that it is conducive to the public good not to admit them to the UK, you must consider refusing their entry clearance or leave to enter under paragraph 320(19) of the Immigration Rules.

Deportation order Travel ban Threat to national security

Restricted – do not disclose – start of section

Adverse immigration history

The information in this page has been removed as it is restricted for internal Home Office use only.

Medical grounds

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This guidance is based on the Immigration Rules

The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section For more information on when a person has been excluded by the Secretary of State, see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

For more information on how to check an application, see related link: Checks.

For more information on such cases see the link on the left: Exclusion is conducive to public good.

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This guidance is based on the Immigration Rules

General grounds for refusal Deportation order False representation Fraud and forgery Non-disclosure of material facts

This page explains what the Immigration Rules say about entry or leave when a person is the subject of a deportation order, which is a general ground for refusal.

Paragraphs 320(2), 321(iii) apply.

Related links

If a person is the subject of a deportation order you must refuse entry or leave to remain. A person is not allowed to enter the UK whilst a deportation order is in force.

Links to staff intranet removed

Checks

Failure to cooperate A person deported from the UK as a family member can return to the UK without applying for revocation (paragraph 389), if:

Criminal history Exclusion conducive to public good

 a child reaches 18, or  the marriage or civil partnership comes to an end.

Secretary of State exclusion

However, returning residents and the spouses or children under 18 of people settled in the UK are not exempt from refusal under this paragraph.

Deportation order

Applications for leave to remain and indefinite leave to remain (settlement) If a person meets the criteria for considering deportation because of a criminal conviction you must refer the case to criminal casework (CC). You cannot grant leave until CC have considered the case.

Travel ban Threat to national security Adverse immigration history Medical grounds

If a person is subject to a deportation order, the application must be refused. This is mandatory under paragraph 322(1B) and S-LTR.1.2 of Appendix FM of the Immigration Rules.

For more information see related link: When to refer a case to criminal casework (CC).

Restricted – not for disclosure – start of section

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – not for disclosure – end of section For more information on how to check an application, see related link: Checks.

For more information on how to consider information that shows a person is subject to a deportation order see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

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This guidance is based on the Immigration Rules

General grounds for refusal Travel ban False representation

This page explains what to do if a person is subject to a travel ban.

Related links

Fraud and forgery

This guidance applies only if the travel ban naming the person has not yet been listed under the Immigration (Designation of Travel Bans) Order 2000, see related link.

Checks

Non-disclosure of material facts Failure to cooperate Criminal history

Separate guidance is available for those already designated, see related link: 01 International travel bans.

Exclusion conducive to public good

The Immigration Rules do not specifically refer to a travel ban in the general grounds for refusal. However, when a non-British national is subject to a United Nations (UN) or European Union (EU) travel ban, the UK has to prevent their entry to or transit through the UK.

Secretary of State exclusion

Leave to enter or remain should be refused on the basis that the person’s presence in the UK would not be conducive to the public good, unless:  a specific exemption has been agreed by the UN or EU, or  the UK’s international obligations (Refugee Convention or ECHR) are engaged.

Deportation order Travel ban Threat to national security

Paragraphs 320(19) and 322(5) apply (see related link: Immigration Rules: General grounds for refusal – Paragraph 320 to 322).

Adverse immigration history

If the person has extant leave to enter or remain consideration should be given to cancelling or curtailing the leave.

Medical grounds

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Links to staff intranet removed

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section For more information on how to consider information that shows a person is subject to a travel ban see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals  01 International travel bans.

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This guidance is based on the Immigration Rules

General grounds for refusal Threat to national security False representation Fraud and forgery Non-disclosure of material facts

This page explains what the Immigration Rules say about entry or leave when the person is considered a threat to national security. This is a general ground for refusal under paragraphs 320(19), 321A(5), and 322(5).

Related links

Before you make a decision on entry clearance or leave to enter or remain you must consider if the person is a threat to national security. If a person is a threat to national security then you must consider refusing entry or leave to remain.

Links to staff intranet removed

Checks

Failure to cooperate Restricted – do not disclose – start of section

Criminal history Exclusion conducive to public good

The information in this page has been removed as it is restricted for internal Home Office use only.

Secretary of State exclusion Restricted – do not disclose – end of section Deportation order For more information on how to check an application, see related link: Checks.

Travel ban Threat to national security Adverse immigration history Medical grounds

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This guidance is based on the Immigration Rules

General grounds for refusal Adverse immigration history False representation Fraud and forgery Non-disclosure of material facts

This page explains what the Immigration Rules say about entry or leave to remain when a person has an adverse immigration history. This is a general ground for refusal under paragraphs 320(7B), 320(11), and 322(3).

Related links

What the rules require The rules say you must consider refusing leave to enter or remain in the UK if a person has broken the UK’s immigration laws by having:

Links to staff intranet removed

Checks

Failure to cooperate Criminal history Exclusion conducive to public good

   

been an illegal entrant – 320(7B) and 320(11) overstayed – 320(7B) and 320(11) breached a condition attached to their leave – 320(7B), 320(11) and 322(3) used deception in a previous application – 320(7B) and 320(11).

For more information on how to check an application, see related link: Checks.

Secretary of State exclusion

For more information on how to consider information on adverse immigration history see related links:

Deportation order

 Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

Travel ban Threat to national security Adverse immigration history Medical grounds

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This guidance is based on the Immigration Rules

General grounds for refusal Medical grounds False representation Fraud and forgery Non-disclosure of material facts Failure to cooperate Criminal history

Secretary of State exclusion

Medical inspectors will only issue certificates when satisfied the person’s condition is a significant risk to public health. If they do issue a medical certificate or following a medical examination they recommend the person must not enter because of medical grounds you must refuse entry or leave to remain in the UK.

Links to staff intranet removed

Checks

For more information on the above circumstances and medical checks see related link: Checks.

Who must you refer for medical examinations?  All persons subject to control who intend to remain in the UK for more than six months and who have arrived from a territory or country designated as having a high incidence of tuberculosis (TB).  A limited discretion to refer conditions not specifically mentioned, for example where a person is obviously unwell.

Deportation order Travel ban Threat to national security Adverse immigration history

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Related links

The entry clearance officer or Home Office officer has discretion to waive the medical requirement in certain circumstances. See related link: Checks.

Exclusion conducive to public good

Medical grounds

This page explains what the Immigration Rules say about entry or leave when a person has a medical disease or condition, which is a general ground for refusal.

Paragraphs 320(7), 320(8A), 320(17), 321(iii) and 321A(3) of the rules apply.

You may refuse a person on medical grounds if medical evidence shows that they are, or suspected to be, suffering from:    

pulmonary tuberculosis venereal disease leprosy trachoma.

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules When removing passengers who have been certified for these diseases, medical advice must be sought as to the fitness of the passenger.

Other medical grounds where you must obtain medical clearance are:  a mental disorder or senility  conduct disorder ( for example, alcoholism, drug addiction, serious sexual aberration)  the person is heavily infested with lice  is bodily dirty  is suffering from scabies  if the nature of the person’s condition would interfere with their ability to support themselves or their dependents  they have a serious or terminal illness.

You also have limited discretion to refer conditions not specifically mentioned, for example when a person is obviously unwell.

For more information on how to consider information on medical conditions, see related links:  Considering entry clearance – mandatory and discretionary refusals  Considering leave to remain – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Checks UKBA security checks: leave to remain Internal systems check: leave to remain Police national computer check

This section contains guidance on the checks and information sources for use when considering an application for entry clearance, leave to enter or leave to remain, if there are any general grounds for refusal.

Related links

This guidance is based on the Immigration Rules. See related link: Immigration Rules: General grounds for refusal – Paragraph 320 to 322.

Links to staff intranet removed

Grounds for refusal

For information on how to do these checks see links on the left.

Local sources checks Medical examinations: general guidelines

You must make sure you consider any adverse information before you make a decision. If you are uncertain of the correct procedure always seek advice from a senior manager first.

For information on what to consider see the links on the left.

Department for Work and Pensions HM Revenue & Customs Other security checks

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What you find will determine what action you need to take. The main grounds are:  When it is undesirable to allow the person to remain in the UK based on their character, conduct or associations or that they pose a threat to national security.  When the person is found to meet the criminality threshold that criminal casework currently apply for considering deportation.  When there are serious grounds for considering the person has committed or been involved in war crimes or crimes against humanity.  When there are serious grounds for considering the person is a member of a proscribed group, or has been guilty of acts contrary to the purpose and principles of the United Nations (UN), for example terrorism.  When the person is subject to a travel ban imposed by the UN or European Union (EU).

Restricted – do not disclose – start of section

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section For more information on grounds see related link: Grounds for refusal.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Home Office security checks – leave to remain UKBA security checks: leave to remain Internal systems check: leave to remain Police national computer check

This section gives general guidance to caseworkers on using Home Office security checks. This is a check to find if there is any evidence for refusing a person on general grounds.

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

In this section Noting checks on system Related links Links to staff intranet removed

Local sources checks Medical examinations: general guidelines Department for Work and Pensions HM Revenue & Customs Other security checks

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section You must consider refusing under general grounds if there is the evidence to justify this decision. For more information on considering information see related link: Considering leave to remain – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Noting checks on system UKBA security checks: leave to remain

This page gives guidance to caseworkers on how to update GCID with details of a Home Office security check for a leave to remain application.

Restricted – do not disclose – start of section

Related links Links to staff intranet removed

The information in this page has been removed as it is restricted for internal Home Office use only.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules Restricted – do not disclose – end of section For more information on considering information see related link: Considering leave to remain – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Other security checks UKBA security checks: leave to remain Internal systems check: leave to remain Police national computer check

This page gives guidance on security checks. You need to consider whether an applicant might be a threat to national security before you make a decision on their entry clearance or leave to enter or remain.

Related links Links to staff intranet removed

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

Local sources checks Medical examinations: general guidelines Department for Work and Pensions HM Revenue & Customs

Restricted – do not disclose – end of section

Other security checks

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Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Internal systems check – leave to remain UKBA security checks: leave to remain

This page provides guidance to caseworkers on what internal systems you should check to establish:

Internal systems check: leave to remain

 if there is any evidence that you should consider refusing an applicant on general grounds, or  if you should do further checks.

Police national computer check

Related links Links to staff intranet removed

Restricted – Do not disclose – start of section

Local sources checks Medical examinations: general guidelines

The information in this page has been removed as it is restricted for internal Home Office use only.

Department for Work and Pensions HM Revenue & Customs Other security checks

Restricted – Do not disclose – end of section Check Warehouse  You can check from the intranet TBC screen.  Complete name, nationality and date of birth fields, then click on search.

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This guidance is based on the Immigration Rules  Check details in all tabs.  Carry out an INDECS and/or landing card check if required. INDECS was replaced by GCID so it will only store information prior to that on GCID.  Check any linked cases and sponsors.

Check File Tracking    

You can check by logging on to the File Tracking System (FTS).

Select option 11 – if there is a HO reference, complete all fields.

Select option 19 – if no HO reference, complete all fields.

If option 19 results in a HO reference number, enter number into option 11 to check further.  Check any linked cases.

You must consider refusing under general grounds if there is the evidence to justify this decision.

For more information on considering information see related link: Considering leave to remain – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Police National Computer check Handling PNC information PNC - Entry clearance PNC - Leave to remain PNC - Service standards and contacts PNC - Check reason codes

This section gives guidance on procedures to follow when doing a check on the Police National Computer (PNC). You must check the PNC when there is evidence an applicant may have criminal convictions. This is a check to find if there is any evidence for refusing a person on general grounds.

Related links Links to staff intranet removed

There is a strict security procedure involved in the PNC checks that you must follow precisely at all times. This covers accessing, sight, use, recording, disclosure and handling of information.  Only registered users of the system may access, view, use, record and handle information on the system and, even then, only after they have received any necessary training.  Any user who mishandles information from PNC may be held personally responsible for their actions, with the risk of dismissal and prosecution.

For more information on how to handle PNC information see the link on the left: Handling PNC information.  Any person unsure about accessing the system is unlikely to be a user. If in doubt check with your head of unit.

When you should check the PNC:  Where possible you should check at the earliest opportunity.  You must use the checks to make decisions on an informed basis.  You must only make final decisions once necessary checks are completed.

You must note details of information sources that you have accessed on file notes and CID notes.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Handling PNC information Police National Computer check

This page contains guidance on key points for handling sensitive information from the Police National Computer (PNC) system.

Handling PNC information

Restricted – do not disclose – start of section

PNC - Entry clearance

Related links Links to staff intranet removed

The information in this page has been removed as it is restricted for internal Home Office use only.

PNC - Leave to remain PNC - Service standards and contacts PNC - Check reason codes

Restricted – do not disclose – end of section

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal PNC - Entry clearance Police National Computer check

This page contains guidance for entry clearance officers (ECOs) on how they check any evidence of past criminal convictions on the Police National Computer (PNC). This is a check to find if there is any evidence for refusing a person on general grounds.

Handling PNC information PNC - Entry clearance

You do these checks as part of the routine checks on biometric data of visa applicants known as IDENT1.

PNC - Leave to remain

For more information on these checks see related link: Biometric information.

PNC - Service standards and contacts

If an IDENT1 check reveals a potential refusal for the reason that preventing entry to the UK would be conducive to the public good, you must refer to the entry clearance manager. If the entry clearance manager requires further guidance, they must refer to ECO support.

PNC - Check reason codes

Related links Links to staff intranet removed

ECOs must refer to their internal guidance for more information on referring cases.

Classify emails to ECO support as necessary and mark them ‘possible nonconducive refusal under paragraph 320(19)’.

You must consider refusing under general grounds if there is the evidence to justify this decision. For more information on considering information see related link: Considering entry clearance – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal PNC - Leave to remain Police National Computer check

This section contains guidance for caseworkers on what they must check when doing a Police National Computer (PNC) check. This is a check to find if there is any evidence for refusing a person on general grounds.

Handling PNC information PNC - Entry clearance PNC - Leave to remain PNC - Service standards and contacts PNC - Check reason codes

Process to follow You must follow the process that your team has in place for making PNC checks.

You must include the following information:      

Related links PNC responses - leave to enter PNC - Northern Ireland Links to staff intranet removed

fee reference number name of person the request is based on nationality code date of birth passport number brief reason for the check.

If the request is for a dependant spouse, you must give the main applicant’s reference number with the spouse’s details. You do not need to include any other information.

Who to check    

applicants dependants non-British sponsors people accompanying vulnerable applicants where the relationship is unclear (for example, where young children are included without sufficient parental consent).

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules There are only very specific circumstances when you can check British citizens:  sponsors who may pose a threat to others  sponsors with involvement in criminal activity  people accompanying vulnerable applicants where the relationship is unclear (for example where young children are included without sufficient parental consent).

For more information on how to consider refusing leave based on evidence found by a check, see related link: Considering leave to remain – mandatory and discretionary refusals.

For more information on PNC service standards and contacts and PNC reason codes, see the links on the left :  Service standards and contacts  Check reason codes.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal PNC responses – leave to remain PNC - Leave to remain

This page contains guidance for caseworkers on what happens after you have requested a Police National Computer (PNC) check on a person applying for leave to remain and the details you update GCID with.

Related links

PNC checks will be done within 24 hours of the request and the results added to GCID within three working days.

Links to staff intranet removed

PNC - Northern Ireland

The GCID special conditions flag will be updated with the following results:    

No trace Trace: No convictions or no reprimands or warnings Trace: with any details of where to send the case Trace: see person notes.

Person notes will have details of the court appearance and conviction.

For more information on how to consider refusing leave based on evidence found by a check, see related link: Considering leave to remain – mandatory and discretionary refusals.

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal PNC - Northern Ireland PNC - Leave to remain

This page contains guidance for caseworkers on how to do a Police National Computer (PNC) check if the applicant has been living in Northern Ireland.

This is a check to find if there is any evidence for refusing a person on general grounds.

The PNC may not provide a complete record of convictions in Northern Ireland.

When an applicant has lived or is living in Northern Ireland, you must:

Related links PNC responses - leave to remain Links to staff intranet removed

 issue an ICD.1448 (amend wording as appropriate) to ask them to fill in a subject access request form  enclose a pre-paid envelope addressed to your team.

The applicant must then:  request and complete the form  provide written permission for the results to be sent directly to the Home Office  send the form and permission to the address below enclosing the pre-paid envelope.

Subject Access Request Office Police Service of Northern Ireland (PSNI) Headquarters 65 Knock Road Belfast BT5 9LD The PSNI will then do the check and send the results to the Home Office. PSNI may charge the applicant a fee for this service.

Under no other circumstances must you request a subject access report from an Page 128 of 151

Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules applicant.

For more information on how to consider refusing entry based on evidence found by a check, see related link: Considering leave to remain – mandatory and discretionary refusals.

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General grounds for refusal PNC - Service standards and contacts Police National Computer check

This page gives details of the response time service standards and who to contact for Police National Computer (PNC) checks.

Handling PNC information

Restricted – do not disclose – start of section

PNC - Entry clearance

Related links Links to staff intranet removed

The information in this page has been removed as it is restricted for internal Home Office use only.

PNC - Leave to remain PNC - Service standards and contacts PNC - Check reason codes

Restricted – do not disclose – end of section

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal PNC - Check reason codes Police National Computer check

This page gives the codes that must be used when making a Police National Computer (PNC) check.

Handling PNC information

Restricted – do not disclose – start of section

PNC - Entry clearance

Related links Links to staff intranet removed

The information in this page has been removed as it is restricted for internal Home Office use only.

PNC - Leave to remain PNC - Service standards and contacts PNC - Check reason codes

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules The information in this page has been removed as it is restricted for internal Home Office use only.

Restricted – do not disclose – end of section

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules

General grounds for refusal Local sources checks Interview and examinations: leave to enter

This page gives guidance on when checks with local sources may help you in considering whether to refuse a person on general grounds.

Links to staff intranet removed

Local authorities UKBA security checks: leave to remain Internal systems check: leave to remain Police national computer check

Related links

Local authorities can verify whether a person is receiving:  any of the benefits they administer (council tax benefit, housing benefit or homeless assistance), or  social housing (either administered by them or on their behalf by an independent housing association).

Local sources checks

They can also confirm whether a person receiving a benefit is receiving it because of an exception or an administrative error.

Medical examinations: general guidelines

Local sources at overseas posts You must follow the individual post’s local guidance for this.

Department for Work and Pensions HM Revenue & Customs Other security checks

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For more information on how to consider refusing based on evidence found by a check, see related links:  

Considering entry clearance – mandatory and discretionary refusals Considering leave to remain – mandatory and discretionary refusals.

Guidance - General grounds for refusal Section 1 – version 14.0

Valid from 23 September 2013

This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations – general guidelines Medical examinations entry clearance Medical examinations leave to enter

This section gives guidance on when you must arrange medical examinations and why they are needed. This is a check to find if there is any medical evidence for refusing a person on general grounds.

Related links Medical grounds

Medical examinations are carried out to prevent the entry of, or bring to notice, people who if admitted to the UK might:  endanger the health of other persons in the UK  be unable for medical reasons to support themselves and/or dependants in the UK, or  require major medical treatment (for which an entry clearance application has not been made) Note – medical inspectors or officers should not be asked to examine passengers for the following:  to establish whether they have born children  have had sexual relations, or  to X-ray persons to assess their age.

You must not arrange chest X-rays for pregnant women or children under 11.

It is essential that you strictly observe all these instructions.

These instructions also apply to those entering the UK from outside the common travel area and travelling to the Channel Islands, Isle of Man or Irish Republic in the same way as if they had intended to remain in the UK. For more information see related link: Medical grounds.

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This guidance is based on the Immigration Rules Examination for pregnancy A woman suspected of being pregnant should only be medically examined to confirm her pregnancy when there is strong evidence that the reason for her visit is to take advantage of National Health Service facilities.

Children with disabilities You should refer a child for medical examination who arrives for treatment or education at a special school and intends to stay for more than six months. If the medical inspector decides the child is incapable of education or must not be given leave to enter, you must refuse entry.

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This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations - entry clearance Medical examinations referral Medical examinations results Medical examinations tuberculosis testing

This section gives guidance for entry clearance officers (ECOs) on when you must refer a person for a medical examination. This is a check to find if there is any medical evidence for refusing a person on general grounds.

Related links Links to staff intranet removed

This is based on paragraphs 36 -39 of the Immigration Rules.

Paragraph 36 of the Immigration Rules:  States any person intending to remain in the UK for more than six months, including applicants proceeding to parts of the Common Travel Area will normally be referred for a medical examination.  States everyone with serious (for example, terminal) illness must be referred for a medical examination.  Gives you discretion to refer any other person for an examination if necessary.

When a medical referral is required, an ECO may not issue an entry clearance without medical clearance. The requirement for pre-departure medical checks applies mainly to applicants coming to the UK from areas with a high incidence of infectious tuberculosis (TB).

For more information about TB see link on left: TB testing.

If the person declines a medical examination You can refuse entry clearance under paragraph 320 (17) of the Immigration Rules.

A returning resident: You may not refuse entry on medical grounds, although a Home Office officer can

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Guidance - General grounds for refusal Section 1 – version 14.0

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This guidance is based on the Immigration Rules require a person to undergo a medical examination on arrival in the UK under the Immigration Rules paragraph 38.

Long term students You can accept any satisfactory evidence of medical fitness obtained for their sponsor.

Each post must have a clear and defensible policy on medical referrals. Many posts will not need to strictly follow these medical requirements. For example, when a post is satisfied the healthcare system in the host country provides adequate guarantees that an applicant for entry clearance will be in good health. If posts have difficulties in following this they must report the problem to Visa Services Directorate. For more information ECOs must refer to their own referral guidance.

For more information on how to consider refusing based on evidence found by a check, see related links: Considering entry clearance – mandatory and discretionary refusals.

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This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations - referral Medical examinations referral

This page gives guidance for entry clearance officers (ECOs) on what procedure they must follow for arranging a medical examination referral.

Medical examinations results

Links to staff intranet This is a check to find if there is any evidence for refusing a person on general removed grounds. When a medical referral is required you must not issue an entry clearance without medical clearance. You must not make any medical judgements.

Medical examinations tuberculosis testing

Related links

To provide medical judgements each post must appoint:  a medical officer who carries out the medical examination; and  a medical referee who makes a recommendation to an ECO on whether a person must be refused entry to the UK on medical grounds.

The above roles can be combined and posts may adopt their own procedure provided the recommendation is always made by a reputable doctor.

Process Form PQ must be completed.  The applicant must complete questions 1-3, and supply two photographs.  The medical officer signs at 4, completes 5-7 and endorses one photograph with ‘I certify that this is a true likeness of…’.  The medical officer passes the completed form PQ and photograph directly to the referee.

Medical referee The medical referee must:  enter a recommendation at the end of form PQ  complete form XY noting the decision in code

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This guidance is based on the Immigration Rules  sign the photo already endorsed by the medical officer  send both forms to the ECO. Following a medical examination by the medical officer, a medical referee may wish to examine the applicant if:  there appears to be some irregularity on the form PQ  after considering form PQ, the medical referee is not sure whether to recommend refusal of UK entry on medical grounds, or  the medical referee wishes to make an occasional check on the adequacy of the medical examinations.

For more information on how to consider refusing based on evidence found by a check, see related link: Considering entry clearance – mandatory and discretionary refusals.

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This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations - results Medical examinations referral Medical examinations results

This page gives guidance for entry clearance officers (ECOs) on what recommendations the medical referee can make from the examination. This is a check to find if there is any medical evidence for refusing a person entry clearance on general grounds.

Related links Links to staff intranet removed

For returning resident category Medical examinations tuberculosis testing

 The medical referee may only bring to the attention of the ECO any condition which might require treatment when the applicant is admitted to the UK.  A returning resident cannot be refused entry to the UK on medical grounds.

However, a Home Office officer can, upon a returning resident’s arrival in the UK, give a notice to that person requiring them to report to a Medical Officer for Environmental Health with a view to further examination and any necessary treatment.

For those with serious or terminal illness The medical referee recommendation must say whether the applicant is able to maintain themselves and, if relevant, any dependents during their stay in the UK. The medical referee may:  defer making a recommendation in certain circumstances, for example to await the result of a course of treatment for acute infectious diseases, contagious skin diseases  recommend entry clearance is not issued until the applicant has undergone a course of treatment, or after a stipulated length of time  decide that the applicant must have a further examination at a later date, in which case the medical referee will have to state whether or not this must preclude entry to the UK, and  also recommend that the applicant undergoes a course of medical treatment

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This guidance is based on the Immigration Rules after arrival in the UK. For all other categories of applicant the medical referee may either recommend:  refusal  defer making a recommendation, or  draw the attention of the ECO to the circumstances of the case.

For more information on how to consider refusing based on evidence found by a check, see related link: Considering entry clearance – mandatory and discretionary refusals.

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General grounds for refusal Medical examinations - tuberculosis testing Medical examinations referral Medical examinations results Medical examinations tuberculosis testing

This page gives guidance on tuberculosis (TB) testing and the participating countries where people will need a TB certificate. This is a check to find if there is any medical evidence for refusing a person entry clearance on general grounds.

For more information on people who are exempt see related link: Medical examinations - testing exemptions.

Related links Medical examinations testing exemptions Medical examinations students and TB testing

 Applicants must pay the cost of the TB testing unless exempt from payment.  International Organisation for Migration will not issue a certificate to applicants Links to staff intranet removed with infectious TB and they will be advised to seek medical treatment.  A full course of treatment for TB usually takes around six months. After it is completed, the applicant can pay for and take a further test. If free from infectious TB a certificate will be issued.

List of countries participating in the International Organisation for Migration (IOM) testing Applicants from participant countries applying for entry clearance for more than six months must produce a certificate issued by the IOM showing that they are free from infectious TB. Bangladesh Burkina Faso Cambodia Côte D'Ivoire Eritrea

Ghana Kenya Laos Niger Pakistan

Somalia Sudan Tanzania Thailand Togo

Voluntary medical clearance You may encourage anyone wishing to enter the UK for longer than six months to obtain medical clearance and keep evidence, as a Home Office officer may ask for evidence before admission.

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This guidance is based on the Immigration Rules For more information on how to consider refusing based on evidence found by a check, see related link: Considering entry clearance – mandatory and discretionary refusals.

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This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations - testing exemptions Medical examinations tuberculosis testing

This page gives guidance on those people who are exempt from needing a tuberculosis (TB) certificate at entry clearance.

Medical examinations students and TB testing

Those exempt from needing a TB certificate:     

Related links

holders of diplomatic passports travelling on official business or posting children under 11 years old returning residents Certificate of Entitlement holders those who have already obtained medical clearance, such as long term sponsored students.

Links to staff intranet removed

If the student has already undertaken a medical examination for their sponsor to obtain confirmation of the award they must provide the evidence to the entry clearance officer. If the evidence is satisfactory further medical clearance will not be necessary.

For more information on students and TB testing see the related link: Medical examinations – students and TB testing.

Those not exempt:  EEA family permit applicants  Family reunion applicants. But the Home Office pay the cost of their test.

Posts are responsible for making sure international Organisation for Migration (IOM) staff are aware of what constitutes a family reunion applicant.

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This guidance is based on the Immigration Rules

General grounds for refusal Medical examinations - students and TB testing Medical examinations tuberculosis testing

This page gives guidance on students and tuberculosis (TB) testing for entry clearance. This is a check to find if there is any medical evidence for refusing a person on general grounds.

Related links Medical examinations testing exemptions

It tells you: Links to staff intranet removed

 when they must take the test, and  if they qualify to be tested free of charge.

When must scholarship or sponsored students be TB tested International Organisation for Migration (IOM) -issued TB certificates are valid for six months. You may consider advising potential scholarship or sponsored candidates of:  the need to allow sufficient time to be screened.  if necessary, treated, before applying for an entry clearance.  applying late may increase the risk of losing their scholarship.

The decision of when to undergo the TB test lies with the applicant - early TB testing cannot be enforced by an entry clearance officer.

Free TB testing Foreign & Commonwealth Office (FCO) funded scholars (for example, Chevening) can have the test free of charge on a discretionary basis. The use of this discretion must be very limited.

In some cases the organisation offering the scholarship may wish to pay for the applicant’s TB test. Payment arrangements are between the applicant and the organisation offering the scholarship.

Posts may also want to provide TB screening for the limited number of applicants Page 145 of 151

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This guidance is based on the Immigration Rules in other categories who are entitled to gratis visas.

For more information on gratis visas see related link: Immigration group guidance: gratis visas.

If a post decides to offer a free test to any applicant they are responsible for covering the costs and paying IOM. For more information on how to consider refusing based on evidence found by a check, see related link: Considering entry clearance – mandatory and discretionary refusals.

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General grounds for refusal Department for Work and Pensions Interview and examinations: leave to enter

This page gives guidance on how to request information from the Department for Work and Pensions (DWP).

UKBA security checks: leave to remain

This will help you to consider whether a person meets the Immigration Rules when they are receiving public funds or whether they are entitled to receive them. This is a check to find if there is any evidence for refusing a person on general grounds.

Internal systems check: leave to remain

For a list of benefits administered by DWP, and those which do or do not count as public funds for immigration purposes, see related link: Public funds.

Police national computer check

When to make a request You must make the request when:

Local sources checks

Related links Links to staff intranet removed

 it will influence your decision on an application, and/or  it will prevent a benefit crime by an applicant.

Medical examinations: general guidelines

It must not be used only to obtain background information on the applicant.

Department for Work and Pensions

For more information on requesting a check, see related link: Checking details with DWP.

HM Revenue & Customs

For more information on how to consider refusing based on evidence found by a check, see related link: Considering leave to remain – mandatory and discretionary refusals.

Other security checks

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General grounds for refusal HM Revenue & Customs Interview and examinations: leave to enter UKBA security checks: leave to remain Internal systems check: leave to remain

This page gives guidance on how to request information from HM Revenue & Customs (HMRC).

This will help you consider whether a person meets the Immigration Rules because of any public funds they may or may not be claiming. This is a check to find if there is any evidence for refusing a person on general grounds.

Related links Links to staff intranet removed

For more information on access to public funds see related link: Public funds.

When to request a check You may wish to check if a person is in receipt of:

Police national computer check Local sources checks Medical examinations: general guidelines Department for Work and Pensions HM Revenue & Customs

   

Working tax credits Child tax credits Child benefit tax credits because of an HMRC error.

You may also wish to check if a person has provided genuine tax documents.

For information on how to request a check, see related link: Checking details with HMRC. For more information about disclosing HMRC information, see related links:

Other security checks

 Memorandum of understanding between the Home Office and HMRC  Disclosure of personal data to public bodies.

For more information on how to consider refusing based on evidence found by a check, see related link: Considering leave to remain – mandatory and discretionary refusals.

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General grounds for refusal Contact This page explains who to contact for more help on general grounds for refusal under paragraphs 320, 321, 321A or 322 of the Immigration Rules.

If you have read the relevant Immigration Rules and this guidance and still need more help, you must first ask your senior caseworker or line manager.

Related links Changes to this guidance Information Owner

If the question cannot be answered at that level, you may email: Links to staff intranet removed  Administrative operational policy team, for guidance on this policy, see related link.  Entry clearance officers can email the EC guidance queries inbox, see related link.  Border Force officers can email BF OAS enquiries using the BF OAS enquiry form, see related links.

Restricted – do not disclose – start of section The information in this page has been removed as it is restricted for internal Home Office use only.

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This guidance is based on the Immigration Rules Restricted – do not disclose – end of section Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the relevant policy team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team.

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General grounds for refusal Information Owner This page tells you about this version of the general grounds for refusal guidance and who owns it.

Version Valid from date Policy owner contact Cleared by director Director’s role Clearance date This version approved for publication by Approver’s role Approval date

14.0 23 September 2013 See contact page Sonia Dower Director, operational policy and rules 11 December 2012 Kevin Egan and Anthony Fennell See contact page 29 August 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending you must contact the relevant policy team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the link: Email: Modernised guidance team.

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Related links See also Changes to this guidance Contact Links to staff intranet removed