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PRACTICE NOTES
There are a number of suitability 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. Since 11 November 2025, these grounds for refusal have been set out in Immigration rules, Part Suitability, along with other grounds of refusal which are common to most routes. 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
PRACTICE NOTES
STOP PRESS: This Practice Note is being updated for Statement in Changes HC 584, see: LNB News 03/09/2026 37 (Part Suitability, para SUI 11.4). Changes in force for applications from 8 October 2026. This Practice Note looks at the ‘grounds for refusal’ of applications which are set out in the Immigration Rules, Part Suitability, along with the grounds for cancellation of in-force entry clearance or permission. It does not cover such grounds which relate to a person’s previous personal conduct (whether they have committed criminal offences or there are other aspects of personal conduct which are not deemed conducive to the public good), or grounds related to false representations etc and deception. For grounds for refusal covering these aspects, see Practice Notes: Suitability and previous conduct and False representations etc, deception and challenging suitability grounds for refusal. In relation to cancellation, the Practice Note also does not look at grounds related to changes of circumstances, for which see: Changes of circumstances. Part Suitability replaced the previous Part
NEWS
Local Government analysis: The Homelessness (Suitability of Accommodation) (England) Order 2003 (the 2003 Order) provides that B&B accommodation is not to be regarded as suitable for an applicant with family commitments for the performance of certain duties under Part 7 of the Housing Act 1996 (HA 1996) (including the interim accommodation duty under section 188(1) and the main housing duty under HA 1996, s 193(1)). Both ‘B&B accommodation’ and ‘applicant with family commitments’ are defined. That is subject to an exception where (a) no other accommodation is available; and (b) the applicant occupies B&B accommodation for a period, or a total of periods, which does not exceed six weeks. The claimant had applied to the defendant (‘Sandwell’) as homeless and had been provided with interim accommodation at a hotel in Birmingham. That accommodation was B&B accommodation and the claimant brought a claim for judicial review when she had been there for more than six weeks. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.
NEWS
Local Government analysis: The claimants are a couple who each suffer from a number of serious physical and mental disabilities. The second claimant uses a wheelchair. They have a dog who acts as a ‘support animal’. They left a town in the Midlands after they were victims of ‘cuckooing’ and a while later applied to Westminster for housing assistance under Part VII of the Housing Act 1996 (HA 1996). Westminster accepted the main housing duty to the claimants in August 2023. The claimants issued judicial review proceedings arguing that Westminster had failed to provide suitable accommodation. After the police advised that it was not safe for the claimants to remain in London, they and their dog were provided with accommodation in a hotel in a town outside London. The claimants’ argument that Westminster continued to be in breach of the duty to them, and their challenge to its policies on support animals, failed. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.
PRACTICE NOTES
Where an employee is dismissed by reason of redundancy, the Employment Rights Act 1996 (ERA 1996) provides a mechanism for the employer to offer the employee, and for the employee to accept, new or renewed employment as an alternative to a redundancy payment. In certain circumstances, if this happens and the employee is re-engaged within four weeks, the original dismissal is deemed a ‘fiction’; the employee is considered not to be dismissed and is not entitled to a statutory redundancy payment. In all cases, unless the new terms and conditions offered are identical to the previous ones, both the employer and the employee are given a statutory trial period lasting at least four weeks as an opportunity to try out the new arrangement. Depending on the new terms and conditions, and the employee’s reasons for refusing them, or if the employee terminates or gives notice to terminate the renewed or new contract during the trial period, the employee may lose their entitlement to a statutory redundancy payment. Specifically, the right to a redundancy payment will be lost as a result
NEWS
The following implementing legislation supplementing Regulation (EU) 2023/956 (the EU Carbon Border Adjustment Mechanism (CBAM) Regulation) has been published in the Official Journal:
GLOSSARY
An Islamic bond or investment certificate.
GLOSSARY
Islamic bond or investment certificate founded in a lease structure.
PRACTICE NOTES
Sukuk (singular form: ‘sakk’) is a type of Shari’a financing arrangement also referred to as Islamic bonds or certificates. For more information, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment—What are sukuk? Sukuk may benefit from the UK tax treatment provided to alternative finance investment bond (AFIB) arrangements if all the conditions are met. For more information on those rules, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment. Sukuk al ijara is a particular form of sukuk. Under a sukuk al ijara, the asset held by the bond-issuer (the term the legislation uses to refer to the sukuk issuer) on trust for the investors in the sukuk (the certificate holders) is often land. The issuer acquires an interest in land by way of a sale and leaseback—it is this sale and leaseback arrangement that is the ijara. For more information, see Practice Notes: Sukuk al ijara—tax reliefs for sale and leaseback arrangements—What is sukuk al ijara?, The structure
PRACTICE NOTES
Sukuk (singular form: ‘sakk’) is a type of Shari’a financing arrangement also referred to as Islamic bonds or certificates. For more information, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment—What are sukuk? Sukuk may benefit from the UK tax treatment provided to alternative finance investment bond (AFIB) arrangements if all the relevant conditions are met. For more information on those rules, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment. Sukuk al ijara is a particular form of sukuk. Under a sukuk al ijara, the bond-asset held by the bond-issuer (the term the legislation uses to refer to the sukuk issuer) on trust for the investors in the sukuk (the certificate holders) is often land. The issuer acquires an interest in the land by way of a sale and leaseback—it is this sale and leaseback arrangement that is the ijara. For more information, see Practice Notes: Sukuk al ijara—tax reliefs for sale and leaseback arrangements—What is sukuk al ijara?, The
PRACTICE NOTES
This Practice Note on Islamic finance and tax considers the conditions in Schedule 61 to the Finance Act 2009 that must be satisfied in order for reliefs relating to stamp duty land tax (SDLT), tax on chargeable gains (CGT) and/or capital allowances to apply to certain land transactions underlying a sukuk al ijara (sale and leaseback) over land in England. Sukuk (singular form: 'sakk') is a type of Shari’a financing arrangement also referred to as Islamic bonds or certificates. For more information, see Practice Notes: The structure and elements of a Sukuk transaction and Sukuk—investment bond arrangements and their UK direct tax treatment—What are sukuk? Sukuk may benefit from the UK tax treatment provided to alternative finance investment bond (AFIB) arrangements if the relevant statutory conditions are met. For more information on those rules, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment. Sukuk al ijara is a particular form of sukuk. Under a sukuk al ijara, the asset held by the bond-issuer
PRACTICE NOTES
Sukuk (singular form: ‘sakk’) is a type of Shari’a financing arrangement also referred to as Islamic bonds or certificates. For more information, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment—What are sukuk? Sukuk may benefit from the UK tax treatment provided to alternative finance investment bond (AFIB) arrangements if all the relevant conditions are met. For more information on those rules, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment. Sukuk al ijara is a particular form of sukuk. Under a sukuk al ijara, the asset held by the bond-issuer (the term the legislation uses to refer to the sukuk issuer) on trust for the investors in the sukuk (the certificate holders) is often land. The issuer acquires an interest in land by way of a sale and leaseback—it is this sale and leaseback arrangement that is the ijara. For more information, see Practice Notes: Sukuk al ijara—tax reliefs for sale and leaseback arrangements—What