The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:
The suitability requirements in Appendix FM mirror, to a certain extent, the general grounds for refusal which are set out in the Immigration Rules, Part 9, paras 320 (for applications for entry clearance or leave to enter) and 322 (for applications for leave to remain). The Immigration Rules, Part 9, para A320 confirms that the majority of the general grounds do not apply to applications made under the Immigration Rules, Appendix FM, save for sub-paras 320(3), (10) and (11) (see below). As these provisions all apply only to applications for entry clearance or leave to enter, none of the general grounds apply to applications for leave to remain under Appendix FM.
Note that there are separate grounds for refusal within Part 9 which will continue to apply to persons who have already obtained leave under Appendix FM. These relate to:
cancellation of leave to enter or remain which is in force at port or while the holder is outside the UK (para 321A)
curtailment of leave to enter or remain (para 323)
For applications made under Part 8 of the Immigration Rules, all of the general grounds for refusal contained in Part 9, including paras 320 and 322, continue to apply.
Applications under Part 8 are in most cases not subject to any of the suitability requirements in Appendix FM (a previous version of
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