Changes to general grounds for refusal and suitability requirements

General Grounds for refusal and suitability requirements

Where an applicant is a danger to the security of the UK, or have been sentence by a final court judgement of a serious crime and the applicant is seen as a danger to the community of the UK, or excluded under Article 1F from the Refugee Convention or under paragraph 339D from a grant of humanitarian protection, the application for limited or indefinite leave to remain will be refused. This refusal is mandatory and no longer discretionary.

Limited leave can be granted outside the Immigration Rules under the restricted leave policy if the human rights assessment deters the deportation or removal.

Indefinite leave to remain will only be given on a discretionary basis outside the rules and accordingly to the restricted leave policy. Applications made before 24 November 2016 will be considered under the rules as at 23 November 2016.

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