Previous conduct
Produced in partnership with Sarah Pinder of Goldsmith Chambers
Previous conduct

The following Immigration guidance note Produced in partnership with Sarah Pinder of Goldsmith Chambers provides comprehensive and up to date legal information covering:

  • Previous conduct
  • 13 December 2012 changes
  • Overseas and on-entry applications—previous convictions
  • Overseas and on-entry applications—presence not conducive to the public good
  • In-country applications—criminal convictions
  • In-country applications—exclusion from protection
  • In-country applications—presence not conducive to the public good, serious harm and persistent offenders
  • Cancelling leave—previous conduct
  • Curtailing leave—previous conduct
  • Appendix Armed Forces
  • more

There are a number of general grounds for refusal which provide for exclusion or the refusal of leave to remain on the basis of previous criminal offences or other aspects of personal conduct, which are not deemed 'conducive to the public good'. Note that this Practice Note does not cover previous breaches of immigration control, including deception practised against the Home Office.

The relevant Immigration Rules are complicated and the grounds for refusal differ according to a number of factors, including whether an application is for entry clearance/leave to enter, leave to remain or indefinite leave to remain.

Note also that, subject to a number of exceptions, the general grounds for refusal do not apply to those applying under Appendix FM (Family Members), Appendix Armed Forces or Appendix V (visitor rules) of the Immigration Rules or to applicants for leave to remain on the grounds of private life under Immigration Rules, Part 7, paras 276ADE–276DH or for leave to remain as a domestic worker who is the victim of slavery or human trafficking under Immigration Rules, Part 5, para 159I. Save for those applying under Appendix Armed Forces or as the victim of slavery or human trafficking (see below), none of the exceptions relate to matters of previous conduct. Instead Appendix FM, Appendix Armed Forces and Appendix V each contain a set of