Key Points
- Always disclose past refusals, overstays and convictions.
- Non-disclosure is treated more seriously than most of the underlying problems.
- Some breaches trigger re-entry bans of set lengths.
- Family life arguments can still be relevant where the standard rules are not met.
Overstaying
Past overstaying can lead to refusal of an application from overseas for a period, depending on how long the overstay was, how the person left and whether there were other breaches. An applicant in the UK without permission generally cannot meet the standard requirements, with a narrow exception for short periods and for cases where the exception for family life applies.
Previous visa refusals
A past refusal of any UK visa must be declared. A refusal does not stop a new application, but the reasons will be seen and should be answered.
Deception
A finding that false information or documents were used can lead to refusals for up to ten years. If the finding was wrong, it needs to be challenged with evidence.
Criminal convictions
Convictions in any country must be declared. Custodial sentences of twelve months or more normally lead to refusal. Lesser sentences, persistent offending and offences causing serious harm are assessed case by case.
NHS debts and litigation costs
Unpaid NHS charges over a set amount and unpaid costs owed to the Home Office can be reasons for refusal. Paying or agreeing a plan before applying usually resolves it.
Official Sources
This page is general information, not legal advice. The rules and figures are set by the Home Office and can change.