General Grounds for Visa Refusal

General Grounds for Visa Refusal

Visa refusal is a common thing. Applicants make some common mistakes that lead to visa refusals. This is advised to take experts such as Visa and Migration’s services to avoid making such mistakes in the first place. If a visa application is rejected you can go for administrative review or appeal or simply make a fresh application. It does not matter which option you choose you have to spend money and time and you may be frustrated as well. Also, a visa refusal may lead to a ban of 10 years. Thus, this is in your interest to know general grounds for refusal so that you can avoid those when you make a visa application.

General Grounds for UK visa refusal

There are mandatory as well as discretionary general grounds for visa refusal. However, a caseworker or entry clearance officer cannot refuse a visa application on general grounds without appropriate reasons and evidence attached to it. On the other hand, if a caseworker or entry clearance officer finds that an applicant should not enter or remain in the UK based on their background, behavior, character, conduct, or associations, he/she may refuse the visa on one or more general grounds mentioned in Part 9 of the Immigration Rules

  1. False representation

False representation is defined as a form of deception. False representation means that you (applicant) or a third party on your behalf has lied or made a false statement in relation to your application. This false representation can be made orally or in writing. If you are found guilty of it, you must be refused a visa as per immigration rules.

2. Fraud and forgery

This is also defined as a form of deception. Fraud and forgery mean that you have submitted a document or information with an application, which is false (forged or not genuine) after independent verification. False documents can be

  • A document that is genuine but it has been altered or tampered with
  • A completely false document
  • A document that is genuine but it is being used by an imposter
  • A genuine document obtained fraudulently or issued fraudulently
  • A genuine document containing a falsified or counterfeit visa or endorsement
  1. Non-disclosure of material facts

This also comes as a form of deception. If you withhold information on your application that is relevant to the decision-makers, then it is the non-disclosure of material facts. You may be refused a visa on this ground on your current or previous application.

4. Failure to cooperate

You must cooperate in providing information or documents to the decision-makers each time you are asked to. If you fail to do so, your visa application may be refused.

5. Criminal history

A criminal record also plays a ground in visa refusal. It depends on whether you have been convicted or not and the number of years you have been sentenced. There are mandatory refusals and also discretionary refusals.

For example, if you were convicted of an offense where you received a sentence of at least 4 years, you must be refused your visa application.

  1. Exclusion is conducive to the public good

If this is found based on your character, conduct, or associations that you should not be permitted to enter the UK as doing so will not be conducive to the public good then your visa application may be refused.

  1. Secretary of State’s exclusion

The Secretary of State has exclusive power to deny an applicant visa if he/she personally directs a person’s exclusion from the UK is conducive to the public good. There is no exemption for returning residents and spouses or children under 18 of people who are settled in the UK.

  1. Deportation order

When there is a deportation order against you, entry to the UK for you is not possible. However, a person that has been deported from the UK as a family member can return to the UK and he/she does not need to apply for revocation in this case if he/she is a child and reaches 18 or he/she is a spouse/civil partner, and the marriage or civil partnership has ended. Travel bans

The travel ban is not there under the UK’s immigration law. But if a non-British individual has been imposed a travel ban by the United Nation or European Union then UK is bound to ban that person’s entry to or transit through the UK.

10. Threat to National Security

If you are found to be a threat to the national security of the UK in any which way, you will be refused a visa to enter, leave to remain in the UK.

  1. Adverse immigration history

You will not be granted permission to enter the UK if you have been an illegal immigrant; overstayed, breached a condition attached to your leave or used deception in your application in the past. You will be denied leave to remain in the UK if

  • You used deception in your application for leave to remain in the past,
  • You used deception in your current or previous application to get a document from the Secretary of State which gives you the right to reside in the UK.
  • You breached a condition that was attached to your current or previous leave to remain. However, if you were granted the leave in the knowledge of a previous breach, you will not be denied a leave to remain.
  • If you failed to manage accommodation or maintain yourself and dependents (if any) without using public funds.
  1. Medical grounds

The medical ground is also a general ground to refuse visa applications. If you have a debt of more than £500 to the NHS your application can be refused.

  1. Rough Sleeping

If you are a rough sleeper you may be refused under the general grounds for refusal.

 

Should you wish to seek professional assistance for your application process please contact Visa and Migration Ltd on +44(0)2034111261

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