Previous conduct
Produced in partnership with Sarah Pinder of Goldsmith Chambers

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

  • Previous conduct
  • December 2020 and December 2012 changes
  • Application of Part 9
  • Exclusion and deportation orders
  • Criminality grounds and previous convictions
  • Mandatory grounds
  • Discretionary grounds
  • How have the previous conviction grounds changed?
  • Custodial sentences
  • Criminal records and overseas criminal record certificates
  • More...

Previous conduct

There are a number of grounds for refusal which apply to most categories in the Immigration Rules and provide for the refusal, and cancellation, of entry clearance, leave to enter or remain, also now known as ‘permission’ 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 laws, or the sham marriage or customs breach grounds.

These grounds for refusal are set out in Immigration Rules, Part 9, along with other grounds of refusal which are common to many categories.

Where a client has one or more previous convictions (whenever the offence was committed), if they previously agreed to an out-of-court disposal for an offence which is on their criminal record, or if they have pending allegations made against them, it is vital that the possible implications are considered at the earliest opportunity. Any other aspects of previous conduct that may be held against them on character grounds should also be considered, including civil judgments and civil penalties. The same applies in relation to any possible allegation that may be made by the Home Office in relation to tax matters (such as subsequent alteration of tax returns). An adviser will need to check the circumstances against all the mandatory and discretionary

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