Public interest Immigration Act 2016 changes - ICS Legal Blog

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Public interest Immigration Act 2016 changes

Public interest Immigration Act 2016 changes

On most occasions, a person who meets the requirements for continuous lawful residence should be granted indefinite leave to remain. This is unless a grant is against the public interest. You must consider whether there are any reasons why it would be undesirable on public interest grounds to grant indefinite leave.

In considering this you must take into account the person’s:

  • age
  • strength of connections in the UK
  • personal history, including character, conduct, associations and employment record
  • domestic circumstances
  • compassionate circumstances
  • any representations on the person’s behalf

The applicant must also not fall for refusal under the general grounds for refusal. You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefinite leave would be against the public interest. You must look at reasons for and against granting indefinite leave using the factors listed and, where necessary, weigh up whether a grant of indefinite leave would be in the public interest.

If the applicant has not completed the necessary period of residence, they will not be able to satisfy the rules for long residence, regardless of any of the factors listed above. However, even if an applicant has not completed the required period of residence and therefore falls for refusal, you must also consider any reasons why the applicant may fall for refusal under paragraph 276B(ii), and include these reasons in your refusal notice. Some factors would suggest that it would be appropriate to refuse leave.

You must weigh those factors against the compassionate circumstances, if any and all the other circumstances, such as strength of connections to the UK, domestic circumstances of the case, and then decide whether a grant of indefinite leave would be against the public interest. More detailed information on each of these factors is provided later in the following sections. It is important that you take into account all of the circumstances of the case before you decide whether a grant of indefinite leave would be in the public interest. You must not refuse leave to someone who has been in the UK for the required period without consulting a senior caseworker. You must also consult guidance on refusing an application on general grounds for refusal if refusing under paragraph 276B(ii).