Staff guidance on previous breaches of UK immigration laws, updated on 27 February 2026, clarifies that the discretionary factors applying to refusals under SUI 11.2 apply equally to refusals under SUI 11.3.
Key facts
- Who: Applicants for entry clearance, permission to enter or permission to stay who have previously breached UK immigration laws
- From: Version 2.0 of the guidance was published for Home Office staff on 24 February 2026; the page shows an update date of 27 February 2026
- Source: Previous breach of UK immigration laws: caseworker guidance
Version 2.0 of this guidance changes the previous version. The only listed change is the clarification described below.
UK Visas and Immigration has updated its guidance for decision makers on refusing applications, and cancelling permission, on grounds of a previous breach of UK immigration laws. The listed change is a "clarification to accurately reflect policy" that the discretionary factors applying to SUI 11.2 apply equally to SUI 11.3 of Part Suitability of the Immigration Rules.
Under the guidance, a person has previously breached immigration laws if, when aged 18 or over, they overstayed (unless an exception applies), breached a condition of their permission, are or have been an illegal entrant, or used deception in an application for entry clearance or permission to enter.
Where an application for entry clearance or permission to enter is made after the relevant time period has expired, the decision maker must consider whether it is appropriate to refuse under SUI 11.2 or SUI 11.3. Refusal requires evidence of the breach and either that the person previously contrived in a significant way to frustrate the intention of the immigration rules, or that there are aggravating circumstances. The guidance lists examples, including absconding, using an assumed identity or multiple identities, and receiving National Health Service (NHS) care to which the person was not entitled.
Before refusing under SUI 11.2 or SUI 11.3, the decision maker must consider all the circumstances of the case. Factors which may be relevant include:
- why and how the breach happened
- if a condition was breached, the period between the condition being imposed and the breach
- the period since the breach
- any other circumstances, such as the impact of a refusal on the individual or their family living in the UK
The burden of proof is on the Home Office, and the standard of proof is the balance of probabilities. Where refusal is discretionary, the decision letter must record that the decision maker considered whether or not to refuse, and explain why they decided to refuse.
The guidance also says a person should not normally be refused under SUI 11.1, SUI 11.2 or SUI 11.3, or have permission cancelled under SUI 11.8, if the Home Office has accepted them as a victim of trafficking, or if they were in the UK illegally on or after 17 March 2008 and left voluntarily before 1 October 2008.
What this means for applicants
For an application for entry clearance or permission to enter made after the relevant time period has expired, the decision maker must consider whether it is appropriate to refuse under SUI 11.2 or SUI 11.3. They must consider all the circumstances of the case, including why and how the breach happened, the time since it, and the impact of a refusal on the individual or their family in the UK. The guidance now states that the same discretionary factors apply under both paragraphs.
When a person applies for entry clearance or permission to enter within the relevant time period in paragraph 9.8.7 of the Immigration Rules, the application must be refused unless an exemption applies.
Related guide: General grounds for UK visa refusal
Sources
- Previous breach of UK immigration laws: caseworker guidance, UK Visas and Immigration, updated 27 February 2026