The Home Office is permitted to cancel your visa or refuse your entry clearance or leave to remain application for various reasons. Applicants should be aware of these justifications and avoid finding themselves in any of the following circumstances.
Part 9 of the Immigration Rules sets out these reasons.
Ways that your Visa application or leave to remain can be cancelled :
1. "Personally Directed" Exclusion
An Application for entry clearance, permission to enter or permission to stay must be refused where the Secretary of State has personally directed that the applicant be excluded from the UK. Cancellation will apply if the individual already has entry clearance or leave to remain.
In 2015, it was widely reported that U.S. rapper, Tyler, the Creator, had been excluded from the UK by then Secretary of State for the Home Department, Teresa May. The justification was that that his work ‘encourages violence and intolerance of homosexuality’ and ‘fosters hatred with views thats seek to provoke others to terrorist acts..’
2. Non-conducive
An application for entry clearance, permission to enter or permission to stay must be refused where the applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds). Cancellation will apply if the individual already has entry clearance or leave to remain.
In most, if not all, applications for entry clearance or leave to remain, applicants are required to declare involvement in, support, or encouragement of terrorist activities, serious criminal acts, or extremism.
3. Criminality
An application for entry clearance, permission to enter or permission to stay must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm.
An application for entry clearance, permission to enter or permission to stay may be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.
An application for entry clearance or permission to enter under Appendix V: Visitor, or where a person is seeking entry on arrival in the UK for a stay for less than 6 months, must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, unless more than 12 months have passed since the end of the custodial sentence; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record, unless more than 12 months have passed since the date of conviction.
4. Sham Marriage or Civil Partnership
An application for entry clearance, permission to enter or permission to stay may be refused where the decision maker is satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership. Cancellation may apply where entry clearance or permission is already held.
Under sections 24 and 24A of the Immigration and Asylum Act 1999 (as amended by section 55 of the Immigration Act 2014), a sham marriage or sham civil partnership is one in which all of the following apply: • one or both of the parties is not a ‘relevant national’ • there is no genuine relationship between the parties • either or both of the parties enter into the marriage or civil partnership for the purpose of circumventing (bypassing) UK immigration controls.
It should be noted that there are several criminal offences linked to sham marriages (including facilitation, deception, and perjury) which applicants could face consequences for separate to refusal or cancellation.
5. False Representations
An application for entry clearance, permission to enter or permission to stay may be refused where, in relation to the 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 are 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 are not disclosed.
Cancellation may apply where entry clearance or permission is already held.
Applicants who knowingly or unknowingly submit false documents or information face a real risk of having their applications refused or permission cancelled. This puts the onus entirely on the applicant to ensure all of the documents and information provided is accurate and true to the best of their knowledge and belief. Even then, their application may be refused if false information is found.
6. NHS or Home Office Debt
An application for entry clearance, permission to enter or permission to stay may be refused where a relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges under relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.
An application for entry clearance, permission to enter or permission to stay may be refused where a person has failed to pay litigation costs awarded to the Home Office.
Litigation costs normally involve situations where an application has appealed the refusal of their application to the First-tier Tribunal (Immigration & Asylum Chamber) and their appeal has been dismissed, with costs being awarded to the Home Office,
7. Customs Breach
Where the decision maker is satisfied that a person has committed a customs breach, whether or not a criminal prosecution is pursued, any entry clearance or permission held by the person may be cancelled.
It is important to note that this is a discretionary ground for refusal by Border Force officials. In practice, the severity of the breach will determine how likely refusal is. For example, entry will likely be refused to a person who repeatedly disregards their duty-free allowance despite repeated earlier warnings, as opposed to someone who has been caught with something slightly over their allowance for the first time. Similarly, bringing illegal substances or a significant amount of legal but capped items (like alcohol or cigarettes) will likely indicate an intent to sell or place that person in the 'non-conducive' category.
These are the ways your visa application or leave to remain can be cancelled.