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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.