Suitability good character & general refusal grounds – spouse and partner visa
‘Suitability’ good character requirements are listed in Appendix FM immigration rules for spouses & unmarried partners. There are also some good character requirements that are listed in Part 9 general grounds of refusal immigration rules.
Suitability good character & Part 9 general grounds of refusal rules are one of the key requirements that applicants have to carefully consider when applying for spouse or partner visa. Those include matters such as previous criminal offences, breaches of immigration laws, unpaid debt to NHS UK public health services.
General grounds of refusal – paragraphs applicable to Appendix FM
Our article on Part 9 general grounds of refusal is available to read on our website. Majority of the Part 9 (general grounds of refusal) does not apply to Appendix FM. The exceptions are paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.13B.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. that do apply to Appendix FM applications.
In addition paragraph 9.7.3 of Part 9 general grounds of refusal) applies to permission to stay (i.e. leave to remain applications).
9.7.3. Entry clearance or permission held by a person may be cancelled where, in relation to an application, or in order to obtain documents from the Secretary of State or a third party provided in support of the application:
(a) false representations were made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) relevant facts were not disclosed.
Paragraph 9.8.2 (a) and (c) of Part 9 general grounds of refusal applies where the application is for entry clearance (i.e. applications submitted from outside the UK).
9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(…)
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.
Mandatory refusals on suitability grounds – Appendix FM
The applicant will be refused entry clearance on grounds of suitability if any of paragraphs S-EC.1.2. to 1.9. Appendix FM apply.
- The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.
- The applicant is currently the subject of a deportation order.
- The exclusion of the applicant from the UK is conducive to the public good because they have:
(a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
(b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
(c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.
4. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph above, character, associations, or other reasons, make it undesirable to grant them entry clearance.
5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph above, character, associations, or other reasons, make it undesirable to grant them entry clearance.
6. The applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
7. It is undesirable to grant entry clearance to the applicant for medical reasons.
8. The applicant left or was removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 less than 5 years prior to the date on which the application is decided.
9. The Secretary of State considers that the applicant’s parent or parent’s partner poses a risk to the applicant. That person may be considered to pose a risk to the applicant if, for example, they – –
(a) have a conviction as an adult, whether in the UK or overseas, for an offence against a child;
(b) are a registered sex offender and have failed to comply with any notification requirements; or
(c) 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.
Discretionary refusals on suitability grounds – Appendix FM
The applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2. to 2.5. Appendix FM apply.
1. Whether or not to the applicant’s knowledge-
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
2. A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.
3. The exclusion of the applicant from the UK is conducive to the public good because:
(a) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; or
(b) in the view of the Secretary of State:
(i) the person’s offending has caused serious harm; or
(ii) the person is a persistent offender who shows a particular disregard for the law.
4. The applicant may be refused on grounds of suitability if the applicant has failed to pay litigation costs awarded to the Home Office.
5. The applicant may be refused on grounds of suitability if one or more relevant NHS bodies has notified the Secretary of State that the applicant has 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.
