What Does it Mean When Your Visa is Refused Because You Are not Conducive to the Public Good?
When you are told that your presence in the UK is not conducive to the common good it can feel as if the Home Office has acted as judge and juror and condemned you without understanding your background and reasons for seeking UK entry clearance. In this article, our immigration solicitors look at what it means if you are told by the Home Office that your entry or continued presence in the UK is not conducive to the common good and what you can do about it.
UK Online and London-Based Immigration Solicitors
For advice on UK immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Visa refusal as Home Office says you are not conducive to the public good
Refusal of a visa application as you are deemed to be not conducive to the public good can occur whether you are applying for your first visa from outside the UK or whether you are applying to the Home Office to switch visas or to extend your visa by making an application from within the UK.
Part 9 of the immigration rules
A visa refusal because your presence is not thought conducive to the common good is covered in part 9 of the immigration rules. Immigration solicitors recommend you take specialist immigration legal advice if you are concerned that a work visa or family visa application may be refused as a Home Office official may conclude that your presence in the UK is not conducive to the public good. An immigration lawyer may be able to help you address any concerns about the immigration rules on character or can advise you about the content or the timing of your visa application.
A mandatory ground for refusal
If you are assessed as being a person whose presence in the UK is not conducive to the public good it is a mandatory ground for a Home Office official to refuse your new visa application or extension application. These criteria can also be used to deprive a person of their British citizenship under the British Nationality Act 1981.
What does presence not conducive to the public good mean?
The Home Office has issued guidance for its officials on what presence not being conducive to the public good means. The guidance does not specify the exact circumstances to justify a visa refusal. This can be frustrating for visa applicants who often assume that they can only be refused UK entry clearance if they have been convicted of a specified type of criminal offence in the UK or overseas. This is not the case as the Home Office guidance makes it clear that the ground for exclusion is wide-ranging.
Exclusion can be based on behaviour rather than a criminal conviction. To cover almost all eventualities the Home Office guidance says that your presence can be not conducive to the public good if there are concerns over:
- The nature of your behaviour and the seriousness of it
- The difficulty the UK could experience if you are granted entry clearance or continued leave to remain
- The frequency of your behaviour – has there been a pattern of conduct or a one-off incident?
- Other relevant circumstances relating to you
The above is very vague and could catch many visa applicants if taken to the extreme. The Home Office has therefore provided some examples of when behaviour is deemed not conducive to the public good but immigration solicitors stress that these are examples only rather than a definitive guide.
The examples include:
- You display extremist behaviour or unacceptable behaviour
- You are considered a threat to national security
A criminal conviction is not required and terrorism or extremist behaviour includes you posing a direct threat or inciting or provoking others to carry out terrorist acts or criminal activity. Alternatively, exclusion from the UK is possible if it is thought that you could foster hatred that could potentially lead to inter-community violence.
The Home Office guidance can also lead to exclusion and visa refusal due to your associates. The guidance says you can be refused entry if you have associated with a person who is or was involved in war crimes, terrorism, extremism or war crimes. Associates can include friends and contacts as well as family members. To visa applicants, the wide-ranging scope of the definition of your entry to the UK not being in the public good can feel like you can be denied entry or leave to remain through guilt by association.
The evidence to refuse a visa based on your entry not being thought to be conducive to the public good
Although a conviction is not necessary to refuse a visa application, the Home Office can consider admissions about participation in groups or admissions about behaviour or past involvement in crimes.
The burden of proof required under part 9 of the immigration rules is on the Home Office as they must prove that your presence in the UK is not conducive to the public good on the balance of probabilities. This is a lower standard of proof than is necessary for a UK criminal conviction as in the criminal court the prosecution has to meet a burden of proof of beyond reasonable doubt to secure a conviction.
If your case is not clear-cut you may question how much information you should include in your visa application or whether it is worthwhile to pursue an immigration appeal. Our visa specialists and immigration appeal solicitors can advise you on your best immigration and appeal options.
UK Online and London-Based Immigration Solicitors
For advice on immigration law call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.
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