The UK Immigration Rules, specifically Part 9, outline the grounds for refusal that apply to all immigration routes. These suitability requirements must be met alongside validity and eligibility criteria. If an applicant falls short of these standards, their application will be refused, or existing permissions may be cancelled.
The suitability criteria are critical in ensuring that individuals entering or staying in the UK do not pose a risk to public safety or violate legal and ethical standards. Multiple grounds for refusal or cancellation can apply concurrently. For example, the presence of a foreign criminal in the UK is deemed not conducive to the public good and can trigger several grounds for refusal or cancellation.
The legal framework underpinning these rules includes the Immigration Act 1971, section 76 of the Nationality, Immigration and Asylum Act 2002, and the Immigration (Leave to Enter and Remain) Order 2000. These acts, along with Schedule 2 of the Immigration Act 1971, grant authorities the power to cancel entry clearance or permission. Part 9 specifies the execution of these powers.
Decisions based on suitability can be mandatory, meaning they must be enforced, or discretionary, allowing for some judgment. These decisions must also align with the UK’s obligations under the Refugee Convention and the European Convention on Human Rights, covered mainly under other provisions of the Immigration Rules.
Some immigration routes have additional suitability requirements specific to their contexts.
Part 9 is divided into five sections, detailing various aspects of refusal and cancellation:
- Application of this Part: This section explains the scope and applicability of Part 9.
- Grounds for Refusal or Cancellation: It lists the reasons for refusing or cancelling entry clearance, permission to enter, and permission to stay.
- Additional Grounds on Arrival: This section outlines extra grounds for refusal or cancellation upon arrival in the UK.
- Additional Grounds for Permission to Stay: It details further reasons for refusing or cancelling permission to stay.
- Specified Routes: This concluding section enumerates additional grounds for cancellation that apply to particular immigration routes.
Understanding and complying with these rules is essential for anyone seeking to enter or remain in the UK. Given the complexity and stringent nature of these requirements, professional advice is often necessary to effectively present a case and ensure compliance with all necessary criteria. For further enquiry, please visit https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal or feel free to consult our legal specialist team.