Understanding the general grounds for refusal under Part 9 of the Immigration Rules is essential for any UK visa application. This comprehensive guide explains the mandatory and discretionary refusal grounds outlined in paragraphs 9.7.1 and 9.7.2, covering adverse immigration history, medical grounds, deception, criminal convictions, and other suitability requirements that affect entry clearance and leave to remain decisions.

Table of Contents

Understanding Part 9 General Grounds for Refusal
Mandatory vs Discretionary Refusal Grounds
Adverse Immigration History
UK Visa Refusal on Medical Grounds
Deception and False Representations
Criminal Convictions and Character
Complete List of Part 9 Refusal Grounds
Remedies After General Grounds Refusal
Frequently Asked Questions

Understanding Part 9 General Grounds for Refusal

The general grounds for refusal are set out in Part 9 of the Immigration Rules. Unlike route-specific eligibility requirements (such as financial thresholds or English language tests), general grounds apply across all visa categories and focus on an applicant's suitability rather than their eligibility. A person may meet all the eligibility criteria for a visa but still be refused if they fail to satisfy the suitability requirements under Part 9.

General Grounds for Refusal: Suitability requirements under Part 9 of the Immigration Rules that apply to all visa applications. These grounds assess whether an applicant's character, conduct, immigration history, or personal circumstances make them unsuitable for entry clearance, leave to enter, or leave to remain in the UK—regardless of whether they meet the specific eligibility requirements for their chosen visa category.

The distinction between eligibility and suitability is fundamental. For example, a Skilled Worker visa applicant might have a valid Certificate of Sponsorship, meet the salary threshold, and satisfy the English language requirements, but could still face refusal under Part 9 if they have an adverse immigration history, unspent criminal convictions, or have previously used deception in an immigration application.

Key Information Part 9 was restructured and simplified in 2021 as part of the wider Immigration Rules simplification programme. The old paragraph numbering (320, 321, 322, etc.) was replaced with the current 9.x.x structure. Understanding both systems is important when researching historical refusals or older guidance documents.

Mandatory vs Discretionary Refusal Grounds: 9.7.1 and 9.7.2

Quick Answer

Paragraph 9.7.1 sets out mandatory refusal grounds where the decision-maker must refuse if the criteria are met (such as deception resulting in a 10-year ban). Paragraph 9.7.2 lists discretionary grounds where refusal may apply depending on the circumstances, giving decision-makers flexibility to consider the full picture.

The Immigration Rules divide general grounds for refusal into two categories: mandatory grounds (where refusal is automatic) and discretionary grounds (where the decision-maker exercises judgment). Understanding this distinction is crucial for assessing the severity of any suitability concerns and preparing appropriate evidence.

Paragraph 9.7.1 (Mandatory Refusal): Entry clearance or permission must be refused where specific serious circumstances exist, such as exclusion orders, deportation orders in force, active 10-year deception bans, or re-entry bans that have not yet expired. The decision-maker has no discretion—refusal is required.

Paragraph 9.7.2 (Discretionary Refusal): Entry clearance or permission may be refused where there are concerns about the applicant's suitability, including unspent criminal convictions, breaches of immigration law, failure to provide requested information, NHS debt, or character and conduct concerns. The decision-maker considers whether refusal is appropriate given all circumstances.

Key Differences Between Mandatory and Discretionary Grounds

Aspect	Mandatory (9.7.1)	Discretionary (9.7.2)
Decision Requirement	Must refuse if criteria met	May refuse based on circumstances
Decision-Maker Discretion	None—automatic refusal	Full discretion to consider context
Common Examples	Deportation orders, 10-year ban, exclusion orders	Criminal convictions, overstaying, NHS debt
Mitigation Possible?	Generally not until ban expires	Yes—provide evidence and explanations
Typical Severity	Serious—usually time-barred	Variable—depends on specifics

Adverse Immigration History: Re-entry Bans and Overstaying

Quick Answer

Adverse immigration history includes overstaying, breaching visa conditions, illegal entry, or using deception in previous applications. Depending on the severity, this can trigger mandatory re-entry bans of 1-10 years or discretionary refusal based on the decision-maker's assessment of your conduct and compliance record.

Adverse immigration history is one of the most common reasons for general grounds refusal. Under Part 9, the Home Office assesses an applicant's previous immigration compliance, including whether they have overstayed, worked without permission, claimed public funds when prohibited, or breached other conditions of their leave. The consequences range from discretionary refusal to mandatory re-entry bans depending on the severity and recency of the breach.

Re-entry Ban Periods for Immigration Breaches

Breach Type	Ban Period	Starts From
Overstayed by 30 days or less	12 months	Date of departure from UK
Overstayed by more than 30 days	2 years	Date of departure from UK
Overstayed or breached and left voluntarily at public expense	5 years	Date of departure from UK
Removed or deported from the UK	10 years	Date of removal/deportation
Used deception in application	10 years	Date deception was used

Types of Adverse Immigration History

Overstaying: Remaining in the UK beyond the expiry of your visa or leave without a pending application
Breach of conditions: Working without permission, exceeding permitted work hours, or accessing public funds when prohibited
Illegal entry: Entering the UK without valid entry clearance when required, or entering by deception
Previous removal or deportation: Having been removed or deported from the UK or another country
Port refusals: Having been refused entry at the UK border on previous occasions

Overcoming Adverse Immigration History

If your adverse history falls under discretionary grounds (9.7.2), you may be able to mitigate refusal by:

Providing full explanation: Submit a detailed cover letter explaining the circumstances of the breach
Demonstrating compliance since: Show evidence of lawful behaviour and compliance with immigration laws since the breach
Time elapsed: The more time that has passed since the breach, the less weight it typically carries
Exceptional circumstances: Document any compelling reasons that contributed to the breach (medical emergencies, natural disasters, etc.)

UK Visa Refusal on Medical Grounds

Quick Answer

UK visa applications can be refused on medical grounds if the applicant poses a public health risk (particularly tuberculosis) or if their condition requires medical treatment that would burden NHS resources. Applicants from certain countries must obtain TB test certificates, and those with conditions requiring significant ongoing treatment may face refusal under Part 9.

Visa refusal on medical grounds focuses primarily on public health protection and preventing excessive demands on NHS resources. The Immigration Health Surcharge (IHS) addresses general healthcare access, but Part 9 contains additional medical grounds for refusal that apply independently.

Visa Refusal on Medical Grounds: Refusal under Part 9 based on an applicant's medical condition, either because it poses a risk to public health (such as active pulmonary tuberculosis) or because the applicant's medical needs would place significant demands on NHS resources without appropriate arrangements for private treatment.

Tuberculosis (TB) Screening Requirements

Applicants from countries with high TB incidence who are applying for a visa of more than 6 months must provide a certificate from an approved clinic confirming they are free from active pulmonary TB. Failure to provide this certificate, or testing positive for active TB, results in mandatory refusal.

Medical Conditions and NHS Demands

Decision-makers may refuse applications where an applicant's medical condition would result in significant NHS costs beyond what the IHS covers. However, this ground is discretionary, and applicants can mitigate by demonstrating:

Private medical insurance: Comprehensive cover for their condition during their UK stay
Private treatment arrangements: Evidence of arrangements with private healthcare providers
Sufficient funds: Proof of financial resources to cover anticipated medical costs privately
Management plan: A healthcare management plan from medical professionals

For applicants requiring medical treatment in the UK, the UK Medical Visitor visa provides a specific route with appropriate requirements.

Deception and False Representations: The 10-Year Ban

Quick Answer

Using false representations, false documents, or failing to disclose material facts in an immigration application triggers a mandatory 10-year ban from entry clearance. This is one of the most serious general grounds for refusal, and the ban starts from the date the deception was used, not when it was discovered.

Deception is treated extremely seriously under Part 9, reflecting the fundamental importance of honesty in immigration applications. The 10-year deception ban applies to false representations made to an immigration officer or in any immigration application, regardless of whether the applicant knew the information was false or whether someone else prepared the application.

Critical: Deception Consequences A finding of deception results in mandatory refusal and a 10-year ban. This applies even if the false information was provided by an agent, sponsor, or representative without your knowledge. You are responsible for all information submitted in your application. Always verify every detail before submission.

What Constitutes Deception?

False representations: Providing incorrect information about employment, qualifications, finances, relationships, or travel history
False documents: Submitting forged, altered, or fraudulent documents including bank statements, employment letters, or certificates
Non-disclosure of material facts: Deliberately omitting relevant information such as previous refusals, criminal convictions, or immigration history
Substitution: Having someone else attend an interview, provide biometrics, or take a test on your behalf

Innocent Errors vs Deliberate Deception

The Home Office distinguishes between innocent errors and deliberate deception. For a 10-year ban to apply, the deception must be dishonest rather than an innocent mistake. However, proving innocent error is difficult once the Home Office suspects deception. Factors considered include:

Nature of the error: Was it a minor discrepancy or a fundamental misrepresentation?
Materiality: Would the correct information have changed the application outcome?
Pattern: Are there multiple discrepancies suggesting a pattern of dishonesty?
Explanation: Can the error be credibly explained as innocent?

To protect yourself, always verify all information in your visa application form and supporting documents before submission.

Criminal Convictions and Character Grounds

Quick Answer

Criminal convictions can result in refusal under Part 9 depending on the sentence length and nature of the offence. Custodial sentences of 4+ years result in permanent exclusion, while sentences of 1-4 years trigger a 10-year ban. Sentences under 12 months and non-custodial sentences are assessed on a discretionary basis.

Criminal convictions are a significant suitability concern under Part 9. The Immigration Rules set specific thresholds based on sentence length, with more serious convictions triggering mandatory or longer-term refusals. Applicants must disclose all convictions, including spent convictions under UK law, when applying for a visa. Obtaining a criminal record certificate may be required.

Criminal Conviction Thresholds

Sentence Length	Consequence	Type
4 years or more	Permanent exclusion	Mandatory
12 months to 4 years	10-year ban	Mandatory
Under 12 months	May be refused	Discretionary
Non-custodial / Out-of-court	May be refused (12 months)	Discretionary
Persistent offending	May be refused	Discretionary

Demonstrating Rehabilitation

For discretionary refusal grounds, applicants with criminal histories can strengthen their case by providing:

Time since conviction: Evidence that significant time has passed since the offence
No reoffending: Police certificates showing no subsequent convictions
Character references: Letters from employers, community leaders, or professionals
Rehabilitation evidence: Completion of courses, therapy, or community service
Circumstances: Explanation of the context and any mitigating factors

Complete List of Part 9 General Grounds for Refusal

Quick Answer

Part 9 contains approximately 25 specific grounds for refusal, ranging from deportation orders and criminal convictions to NHS debt and failure to provide information. These are organized into suitability requirements for different application types: entry clearance, permission to stay, and settlement.

The following table provides a comprehensive overview of the main general grounds for refusal under Part 9 of the Immigration Rules. This list covers both mandatory and discretionary grounds that may apply to your application.

Mandatory Refusal Grounds (Must Refuse)

Ground	Part 9 Reference	Consequence
Exclusion order in force	9.2.1	Until order lifted
Deportation order in force	9.2.2	Until order revoked
Deception in application (10-year ban)	9.7.1	10-year ban
Re-entry ban active	9.8.7	1-10 years (varies)
Custodial sentence 4+ years	9.4.1	Permanent exclusion
Custodial sentence 12 months to 4 years	9.4.2	10-year ban

Discretionary Refusal Grounds (May Refuse)

Ground	Part 9 Reference	Notes
Custodial sentence under 12 months	9.4.3	Assessed on circumstances
Non-custodial conviction (12 months)	9.4.4	Within 12 months of application
Persistent offender	9.4.5	Pattern of offending
Not conducive to public good	9.3.1	Character, conduct, associations
Breached immigration laws	9.8.1-9.8.6	Overstaying, breach of conditions
Failed to provide information	9.7.2	Failure to attend interview
NHS debt £500+	9.9.1	Outstanding charges
Home Office litigation debt	9.10.1	Unpaid legal costs
No sponsor undertaking	9.6.1	Sponsor refused undertaking
Child without parental consent	9.6.2	Under 18 without consent

Remedies After General Grounds Refusal

Quick Answer

Options after a general grounds refusal include administrative review (for eligible decisions), appeals to the First-tier Tribunal (for human rights claims), judicial review (for unlawful decisions), or submitting a fresh application with strengthened evidence addressing the refusal reasons.

If your visa application is refused on general grounds under Part 9, you have several potential remedies depending on your circumstances. The appropriate option depends on the type of decision, whether you have appeal rights, and whether the refusal was made correctly. Always review your refusal letter carefully to understand your options.

Remedy	When Available	Deadline
Administrative Review	Eligible points-based decisions	14-28 days
Appeal	Human rights / protection claims	14-28 days
Judicial Review	Unlawful decision-making	Usually 3 months
Fresh Application	Address refusal reasons	No time limit (unless banned)

Important: Appeal Rights Limited Most visa refusals on general grounds do not carry appeal rights. Visitor visa refusals, for example, cannot be appealed. Check your refusal letter carefully for any appeal rights. If none exist, your main options are administrative review (if eligible), judicial review, or a fresh application.

Quick Checklist: After General Grounds Refusal

Read the refusal letter carefully to understand exact reasons
Check if you have appeal or administrative review rights
Note any deadline dates for challenging the decision
Determine if refusal was mandatory or discretionary
Gather evidence to address specific refusal reasons
Consider if any ban period applies to future applications
Seek professional immigration advice for complex cases
Prepare strengthened documentation for fresh application

Key Takeaways

Part 9 general grounds for refusal apply to ALL visa types alongside route-specific requirements
Mandatory grounds (9.7.1) require automatic refusal; discretionary grounds (9.7.2) allow decision-maker judgment
Deception triggers a 10-year mandatory ban—always ensure complete honesty in applications
Adverse immigration history can be mitigated for discretionary grounds with strong evidence
Criminal convictions have tiered consequences based on sentence length

Frequently Asked Questions About General Grounds for Refusal

What is paragraph 9.7.2 in the Immigration Rules?

Paragraph 9.7.2 sets out the discretionary grounds for refusal under Part 9 of the Immigration Rules. Unlike mandatory grounds in 9.7.1, discretionary grounds give the decision-maker flexibility to consider whether refusal is appropriate based on the specific circumstances. Common 9.7.2 grounds include unspent criminal convictions, breaches of immigration law, failure to provide information, NHS debt, and concerns about character or conduct.

What is adverse immigration history?

Adverse immigration history refers to previous breaches of immigration law that negatively impact future applications. This includes overstaying a visa, working without permission, breaching visa conditions, illegal entry, previous removal or deportation, or using deception. Depending on severity, adverse immigration history can trigger mandatory re-entry bans of 1-10 years or result in discretionary refusal on suitability grounds.

Can a UK visa be refused on medical grounds?

Yes, UK visa applications can be refused on medical grounds under Part 9. The primary concerns are public health risks (particularly active pulmonary tuberculosis) and conditions requiring significant NHS resources. Applicants from TB-endemic countries must provide TB test certificates for visas over 6 months. Medical refusals can be mitigated by providing evidence of private medical insurance, treatment arrangements, or a healthcare management plan.

What is the difference between mandatory and discretionary refusal?

Mandatory refusal grounds (paragraph 9.7.1) require the decision-maker to refuse the application if the criteria are met—there is no discretion. Examples include active deportation orders, the 10-year deception ban, and serious criminal convictions. Discretionary grounds (paragraph 9.7.2) allow the decision-maker to consider all circumstances and decide whether refusal is appropriate. This means you can provide evidence and explanations to argue against discretionary refusal.

How long does the 10-year deception ban last?

The 10-year deception ban runs from the date the deception was used, not when it was discovered. If you used false representations, false documents, or failed to disclose material facts in an application dated 1 January 2020, the ban expires on 1 January 2030. During this period, any entry clearance or permission application must be refused under the mandatory grounds. The ban applies globally to UK immigration applications regardless of where they are submitted.

Can I appeal a refusal on general grounds?

Most refusals on general grounds do not carry appeal rights. Appeals are generally only available where the refusal engages human rights (such as Article 8 family life) or protection claims. Visitor visa refusals, for example, have no appeal right. Your refusal letter will confirm whether you have any appeal rights. If you do not, alternatives include administrative review (for eligible decisions), judicial review (for unlawful decision-making), or submitting a fresh application.

What criminal convictions lead to UK visa refusal?

Criminal conviction consequences under Part 9 depend on sentence length. Custodial sentences of 4 years or more result in permanent exclusion. Sentences of 12 months to 4 years trigger a 10-year mandatory ban. Sentences under 12 months are discretionary grounds, as are non-custodial sentences within 12 months of the application. Persistent offending (multiple convictions) can also lead to discretionary refusal regardless of individual sentence lengths.

How do I overcome a general grounds refusal?

To overcome a general grounds refusal, first identify whether it was mandatory or discretionary. Mandatory refusals usually require waiting for a ban period to expire. For discretionary refusals, you can strengthen your next application by providing detailed explanations of the circumstances, evidence of changed behaviour or rehabilitation, character references, and documentation showing compliance since any breach. Seeking professional immigration advice is recommended for complex cases.