What are the circumstances under which any person can be denied entry or visa extension in UK?


The United Kingdom has set forth a certain number of laws relating to immigration that define procedure and regulations that the government must abide by. Permission to enter the country is given in the form of a document known as a ‘visa’. Divided into four functional categories i.e. UK tier 1, tier 2, tier 4 and tier 5; each visa type caters to a different reason the applicant might wish to enter the UK.

The government department responsible for making decisions on immigration cases is known as the Home Office. The Secretary of State overlooks the Home Office making decisions on all visa, asylum, detention, deportation and stateless person cases. If any person has been refused entry into the country, the Home Office is obligated to send a letter of notice to the applicant explaining the reason for refusal along with the applicant’s right to appeal the decision in court.

General grounds on which the Home Office can refuse any person entry on any visa category such as tier 4 student visa, tier 5 visa, investment immigration UK, tier 1 graduate entrepreneur, British entrepreneur visa or any other immigration case have been outlined in Part 9 of the Immigration Rules. Certain circumstances under which entry or an extension to remain can be refused under these laws are described in this article.

Can any person who has been granted permission to temporarily or permanently stay in the UK be denied entry at port or while he/she is outside of the UK?

Yes, a person can be refused entry at port even if he/she has been given legal permission by the UK government given a certain set of circumstances. These circumstances also hold for any individual who is currently outside of the UK. These are described as:

  • The conditions under which the person was granted his/her original visa or legal document to enter the UK has changed; or
  • It has been discovered that the documents submitted by the person relating to his/her application were falsified or incorrect representations were made by the person, whether the person was aware of this or not. Entry can also be denied if the person falsified or misrepresented any information within the documents, whether intentional or unintentional. It should also be noted that any information not disclosed by the person, which the Home Office feels were vital to the decision making process of the application can also result in the person being denied entry at any point in time. Furthermore, it does not matter that the person’s actions relating to the circumstances described were intentional or not; or
  • Entry can also be denied if the person misrepresented or falsified any documents or information within the documents, for the purpose of obtaining any documents from the Home Office or a third party relating to the application; or
  • The UK government holds the right to deny any person entry into the country based on information discovered in the person’s medical documents citing medical reasons. However, if the person holds nationality of the UK, entry cannot be refused by the government. A case of admitting the person despite medical circumstances can be entertained if the immigration officer or the Secretary of State makes a compelling case in favor of the person to justify his/her entry into the country; or
  • If the Secretary of State personally recommends the removal of the person from the United Kingdom citing the good of the public, entry can be refused into the country; or
  • If the Home Office cites the criminal record of the person and certain acts, which describe a particular disrespect for the law, entry can be denied into the country citing the good of the public; or
  • If the person granted temporary or permanent stay on any visa category (such as tier 4 student visa, tier 5 visit visa, tier 1 graduate entrepreneur etc.) has failed to comply with the Home Office request to provide any additional documents, medical reports or information relating to the application, the right to deny entry can be exercised.

On what grounds can a person be denied on an extension or grant for permanent stay in the UK?

Scenarios under which the UK government possesses the right to refuse an extension or grant for permanent stay in the UK are described as:

  • It has been discovered that the documents submitted by the person relating to his/her application for extension or permanent stay were falsified or incorrect representations were made by the person, whether the person was aware of this or not; or
  • Extension or grant for permanent stay can also be denied if the person falsified or misrepresented any information within the documents, whether intentional or unintentional. It should also be noted that any information not disclosed by the person, which the Home Office feels were vital to the decision making process of the application can also result in the person being denied extension or variation at any point in time. Furthermore, it does not matter whether the applicant’s actions relating to the circumstances described were intentional or unintentional; or
  • Extension or grant for permanent stay can also be denied if the person misrepresented or falsified any documents or information within the documents, for the purpose of obtaining any documents from the Home Office or a third party relating to the application; or
  • The person has been ordered to be deported by the UK government on (or after) the date of his/her application being submitted; or
  • If a person wishes to permanently stay in the UK on any visa category (such as Tier 4 visa, investment immigration UK, British entrepreneur visa etc.) but has been sentenced to 4 years or more in prison, the application for indefinite stay will be refused; or
  • If a person wishes to permanently stay in the UK, but has been sentenced to at least a year in prison, but less than 4 years, the application for indefinite stay will be refused. However, if a time span of 15 years has passed since the sentence, this rule will not apply; or
  • If a person wishes to permanently stay in the UK, but has been sentenced to at least a year in prison, the application for indefinite stay will be refused. However, if a time span of 7 years has passed since the sentence, this rule will not apply; or
  • If in the last two years, since the application is being submitted, the person was convicted of a crime for which he/she received a non-custodial sentence that appears on his/her record; permission for indefinite stay will be denied. Furthermore, the same rule applies to convictions that received an out of court disposal and are recorded on the person’s criminal record; or
  • Applications for permanent stay can also be denied if the person misrepresented or falsified any documents or information within the documents, for the purpose of obtaining any documents that would enable the person to permanently reside in the country; or
  • If the person failed to abide by the conditions that were set in his/her original permission of stay or extension, the Home Office can refuse the person’s application for indefinite stay; or
  • If the person failed to financially provide for his/her accommodation in the United Kingdom, or for the dependants who entered with him/her without resorting to public funds, grant for indefinite stay can refused by the Home Office; or
  • If the Home Office is of the opinion that the person’s state in the UK is a cause for concern because of his/her any recent actions, and represents a threat to national security, permission for extension or permanent stay can be denied by the Home Office; or
  • If the Home Office cites the past offending actions of the person and certain repeating incidents which resulted in harm, to describe a particular disrespect for the law, entry can be denied into the country citing the good of the public; or
  • If the person failed to abide by the conditions of his/her original stay or extension grant by overstaying in the country, the Home Office can decline to entertain any further applications of the person; or
  • If a person agreed in his/her original occupation to move to another country in an agreed time, after gaining entry into the United Kingdom; and failed to abide by this agreement then the Home Office possesses the right to not entertain any further applications and order the person to leave the country. However, this does not apply to any person who is eligible for UK nationality directly or through a spouse or civil partner; or
  • If the person has failed to comply with the Home Office request to provide any additional documents, medical reports or any other proof relating to the application to further stay in the UK, grant for an extension or permanent residency can be denied; or
  • Applications can be refused if the person was asked by the Home Office to attend an interview relating to his/her application for extension or permanent residency, and failed to comply with the request; or
  • If the parent or the guardian of a child (who is less than 18 years old) failed to provide consent to the application form of the child, the Home Office can refuse to entertain any further actions relating to the child’s immigration case. However, this does not apply to any child who wishes to seek asylum; or
  • If the NHS or a relevant body related to the NHS, has notified the Home Office of the person’s failure to pay past dues that amount to at least 1000 pounds, the person’s application to enter the UK can be refused. This relates to regulations of the NHS responsible for making sure overseas visitors pay their dues.

Do any grounds exist under which the UK government can decrease the period of stay of a person currently staying in the UK?

  • If the person no longer meets the necessary conditions that were set in his/her original agreement of stay under which he/she was allowed in the UK, the government holds the right to curtail the period of stay of the person; or
  • If the person applied as a dependant of an asylum seeker in the UK, and the asylum seeker’s request has been refused, the period of stay of the dependant can be curtailed by the UK government; or
  • If a person, who was granted stay in the UK, committed a criminal act for which he/she was sentenced to time in prison within the first 6 months of the original application; the Home Office reserves the right to curtail any further period of stay of the person; or
  • If a person is staying in the UK as a dependant of any other person, and that person’s period of stay has been curtailed; the dependant will also see his/her period of stay in the UK curtailed by the UK government; or
  • If a tier 2 or tier 5 visa holder does not do the work that they were originally sponsored to do, the UK government can curtail the period of stay of the person. Curtailment can also happen if the Tier 2 or Tier 5 visa holder completed his/her sponsored work before the date the visa ends; or
  • If a Tier 4 visa holder fails to start his/her study with the sponsor, or the course of studies has been dropped by the person or by the sponsor, the UK government can choose the curtail the period of stay of the person. Curtailment can also happen if the course of study the person was supposed to study completed before its end date that was described in the visa.