General grounds for refusal: These are typically the reasons why a visa application for entry or stay in the UK may be denied or a current visa may be cancelled. These grounds are outlined in Part 9 of the UK Immigration Rules and apply to individuals whose presence in the UK is deemed unsuitable. The refusal of a visa can be based on various factors, such as criminality, previous immigration violations, or providing false information.

The general grounds for refusal are divided into two categories: mandatory and discretionary grounds. Mandatory grounds require the visa to be refused or cancelled if specific criteria are met. Discretionary grounds give the Home Office the flexibility to either refuse or grant the visa, depending on the circumstances.

Mandatory Grounds for Refusal

1. Exclusion from the UK: If an applicant has been excluded from the UK or issued with a deportation order, their visa application mustbe refused or cancelled.
2. Public Good: An application mustbe refused or cancelled if the applicant’s presence in the UK is not conducive to the public good, based on their conduct, character, or other reasons.
3. Criminality: An application mustbe refused if the applicant has:
   • Been convicted of a criminal offence in the UK or overseas with a custodial sentence of 12 months or more.
   • Demonstrated a pattern of persistent offending or has caused serious harm through criminal actions.
4. Previous Breach of Immigration Laws: An applicant mustbe refused if they have previously violated immigration laws. Some minor breaches, such as overstaying for less than 30 days, may be disregarded depending on the situation.

Discretionary Grounds for Refusal:

1. Criminality (Non-Serious Offences): An application may be refused if the applicant has been convicted of:
   • A criminal offence with a custodial sentence of less than 12 months.
   • A criminal offence resulting in a non-custodial sentence or an out-of-court disposal recorded on their criminal record. For visitors, refusal is more strict if less than 12 months have passed since the conviction or sentence.
2. Sham Marriages or Civil Partnerships: If the Home Office has reason to believe the applicant is involved in a sham marriage or civil partnership, the visa maybe refused or cancelled.
3. False Representations: If the applicant has provided false information, submitted fraudulent documents, or withheld relevant facts, their visa maybe refused or cancelled.
4. Failure to Provide Required Information: An application maybe refused if the applicant fails to comply with requirements such as providing biometrics, attending an interview, or submitting necessary medical reports.
5. Exclusion from Asylum or Humanitarian Protection: An applicant maybe refused or have their visa cancelled if they are considered a danger to the UK or have been excluded from refugee or humanitarian protection.
6. Outstanding Debts or Litigation Costs: If the applicant owes debts to the NHS or has unpaid litigation costs awarded to the Home Office, their visa may be refused.

The distinction between mandatory and discretionary refusal means that for mandatory grounds, the visa must be refused if the criteria are met, while discretionary grounds allow the Home Office to assess the situation and potentially approve the visa, provided there is sufficient evidence to mitigate any concerns.