From the introduction of Appendix FM in July 2012, the requirement for suitability was also introduced. The Suitability requirement works hand in hand with the General Grounds for Refusal provided under part 9 of the immigration rules.
The suitability requirement applies at the stages of Entry Clearance application that are the applications made from outside the UK or application for leave to remain and Indefinite Leave to Remain, the applications made form inside the UK.
Appendix FM, where “FM” stands for “Family Members,” covers a wide range of family-based relationships, including spouses, civil partners, unmarried partners, parents, dependent children, and adult dependent relatives. The suitability requirements must be met by all non-UK nationals applying for a UK family visa to have a successful outcome on their application.
The Home Office Officer to consider when refusing an application if you do not meet the suitability requirements and some grounds are considered to be mandatory and other provide the Home Office staff discretion to grant or refuse your application. For example, certain grounds, such as deception or serious criminality, will lead to a mandatory visa refusal, while others give the Home Office discretion depending on the facts of your case.
It is always important that the applicant must honestly disclose information on their application as deception generally holds 10 years ban for future applications.
The Appendix FM suitability requirements the grounds for refusal, which are set out in the Immigration Rules. If you fail to meet these requirements, the Home Office must or may refuse your application for leave to enter or leave to remain to join, as a family member, your relative in the UK who is a British citizen or has settled status here.
The applications made from outside the UK require -
The Appendix FM rules state that your application for entry clearance will be refused where you:
Have been convicted of an offence for which you have been sentenced to a period of imprisonment of at least four years; or
Have been convicted of an offence for which you have been sentenced to a period of imprisonment of at least 12 months but less than four years, unless a period of ten years has passed since the end of the sentence; or
Have been convicted of an offence for which you have been sentenced to a period of imprisonment of less than 12 months, unless a period of five years has passed since the end of the sentence.
Please note that the Home Office may also use its discretion to refuse your application where your conduct, character, associations, or other reasons make it undesirable for the Home Office to grant you entry clearance, even if you do not fall into any of the categories set out above.
Your parent or parent’s partner may be considered to pose a risk to you if, for example, they –
Have a conviction as an adult for an offence against a child, whether in the UK or overseas;
Are a registered sex offender and have failed to comply with any notification requirements; or
Are required to comply with a sexual risk order made under the Anti-Social Behaviour, Crime and Policing Act 2014 and have failed to do so.
Your application will normally be refused on grounds of suitability if whether or not to your knowledge-
You have submitted false information, representations, or documents in relation to your application (including false information submitted to any person to obtain a document used in support of the application); or
You have failed to disclose material facts in relation to your application.
You have failed without reasonable excuse to comply with a requirement to
Attend an interview;
Provide information;
Provide physical data; or
Undergo a medical examination or provide a medical report.
It is undesirable to grant you entry clearance for medical reasons
Your application may be refused on grounds of suitability if one or more relevant NHS bodies have notified the Secretary of State that you have failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors, and the outstanding charges have a total value of at least £500.
Your application may also be refused on grounds of suitability if you have failed to pay litigation costs awarded to the Home Office.
Your presence in the UK may be non-conducive to the public good for a range of reasons, or in other words, your presence in the UK poses a threat to UK society. You don’t need to have a criminal conviction to be refused admission on non-conducive grounds.
Your application for leave to enter will be refused if:
The Secretary of State has personally directed that your exclusion from the UK is conducive to the public good.
Your exclusion from the UK is conducive to the public good because, for example, your conduct (including convictions which do not fall within criminal convictions in the UK or abroad mentioned above), character, associations, or other reasons, make it undesirable to grant you entry clearance.
Your exclusion from the UK is conducive to the public good because:
(a) within the 12 months prior to the date on which your application is decided, you have been convicted of or admitted an offence for which you received a non-custodial sentence or other out-of-court disposal that is recorded on your criminal record; or
(b) In the view of the Secretary of State:
Your offense has caused serious harm; or
You are a persistent offender who shows a particular disregard for the law.
The suitability requirements for applications for leave to remain are almost similar to the suitability requirements for leave to enter, with some differences, which are –
The applicant in the UK is not conducive to public good under the refugee convention Article 1 F or the person is conviction of serious offences under Article 33 (2) of the refugee convention fall for refusal;
Applicant would also fall for refusal if they do not comply with investigations of their marriage or civil partnership when notice is given under section 50 (7) (b) of the Immigration Act 2014
The requirements at ILR stage are not much different except –
Applicant should not have been convicted of non-custodial offence within the last 24 months of the application for ILR
The rehabilitation periods increase to 15 years for sentence between 12 months to 4 years and 7 years for sentences less than 12 months
The general grounds for refusal make it stricter for people who commit offences as an applicant with an offence where they are sentenced to 12 months automatically falls for refusal.
Further if an applicant frustrated the immigration rules can also be refused at the stage of Entry Clearance.
The rules now sent a direct message that the UK does not want any criminals in the UK and if you are sentenced for any offence, you will likely be refused unless there are very strong and compelling reasons to grant stay.
If your application falls for refusal on the grounds of suitability, your application will usually be refused unless there are exceptional circumstances.
If you fail to meet Appendix FM suitability requirements, your current UK family visa application may be refused, and you may also face a re-entry ban.
Therefore, it is important that you seek an expert immigration lawyer’s advice before applying for a UK family visa. We provide an end-to-end solution for family visa applications, significantly enhancing the chances of the success of your visa.
For visa service or queries, you can call us at +44 (0)20 3411 1261.
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