A UK visa refusal does not in itself stop a person from applying again. What follows a refusal into a later application depends on why it was refused, and on whether the refusal is declared accurately. A refusal for deception, or a breach of immigration law, can lead to a mandatory refusal period of up to 10 years. This post provides an overview of how a refusal affects future UK visa applications.
Key overviews
- A refusal is not a bar on its own. A new application is decided against the requirements of the route applied for, on the evidence provided with it.
- Refusals for deception carry the longest consequence. Part Suitability sets a 10-year refusal period for entry clearance where deception was used.
- A previous refusal must be disclosed accurately. Not disclosing relevant facts is a ground of refusal in its own right.
- Re-entry bans follow breaches of immigration law, not refusals. They run for 12 months to 10 years, depending on how the person left the UK.
- A short overstay may be disregarded. An overstay of 30 days or less is not counted where the person left voluntarily at their own expense.
Does a visa refusal stop you applying again?
No. A refusal does not stop a person making a new UK visa application. The new application is assessed on its own facts against the requirements of the route.
Most refusals are for a requirement that was not met. Common examples are evidence that did not meet the specified format, a salary or income below the threshold, or a missing document. A refusal of this kind is not, by itself, a ground for refusing a later application.
What changes the position is the reason for the refusal. A refusal for deception, or a history of breaching immigration law, can carry forward under Part Suitability of the Immigration Rules. The rest of this post explains when that happens. For the steps to a fresh application, see our guide to reapplying for a UK visa after a refusal.
Which refusals carry into later applications?
Refusals for deception, and refusals linked to a breach of immigration law, carry into later applications. A refusal because a requirement was not met usually does not.
Under SUI 9.1, an application must be refused where the decision maker is satisfied that the applicant used deception. That includes “making false representations or providing false documents or false information”. Under SUI 11.4(d), using “deception in relation to a previous application” counts as a breach of immigration laws. It applies whether or not that application succeeded.
That breach then applies to later applications. Under SUI 11.1, an application for entry clearance must be refused if it is made within the refusal period set by SUI 12.1. For deception, that period is 10 years.
A refusal on credibility, such as doubt that a visitor would leave, is a finding that a requirement was not met. It is not a deception finding. A later application with different evidence is assessed afresh.
Do you have to declare a previous visa refusal?
Yes. A previous refusal must be disclosed accurately wherever an application asks about immigration history. Failing to disclose it can lead to a refusal on its own.
Part Suitability treats non-disclosure as seriously as a false statement. SUI 9.1(b) requires refusal where the applicant used deception by “not disclosing relevant facts in relation to the application”. SUI 10.1(b) allows refusal where the applicant or a third party did not disclose relevant facts. Its false information limb applies even where the applicant did not know.
A refusal for a missing document carries no penalty of its own. Leaving it off a later application can turn it into a deception finding, with a 10-year refusal period for entry clearance.
Each immigration history question is answered in full, using the refusal letter for dates and references.
Does a refusal from another country affect a UK application?
It can. UK application forms ask about immigration history, and the questions are not limited to the UK. Where a form asks about refusals by other countries, those refusals must be disclosed in the same way.
The decision maker considers a foreign refusal as part of the applicant’s history, alongside the evidence for the current application. No fixed weight is set in the Rules for a refusal by another country. The duty to answer the form’s questions accurately is the same as for a UK refusal.
What are UK re-entry bans?
UK re-entry bans are periods during which an application for entry clearance must be refused, after a breach of immigration law. Part Suitability calls them mandatory refusal periods.
SUI 12.1 sets the periods. Each runs from the date the person left the UK, except the deception period, which runs from the date of refusal:
| Refusal period | Where the applicant |
|---|---|
| 12 months | left the UK voluntarily, at their own expense |
| 2 years | left voluntarily at public expense, within 6 months of notice of liability for removal |
| 5 years | left voluntarily at public expense, more than 6 months after that notice |
| 5 years | left or was removed as a condition of a caution |
| 10 years | was removed from the UK at public expense |
| 10 years | used deception in an application |
Where a person has more than one breach, only the breach leading to the longest period applies. For visits, the deception period applies to entry clearance applications only.
After the period ends, SUI 11.2 still allows a refusal where the applicant has also acted to frustrate immigration controls. Examples include using a false identity or absconding from immigration bail.
Does overstaying always lead to a re-entry ban?
No. A short overstay is disregarded where the person left the UK voluntarily, not at the Home Office’s expense. Under SUI 11.5, an overstay of 30 days or less is disregarded where it began on or after 6 April 2017.
An overstay that began before 6 April 2017 is disregarded where it lasted 90 days or less. Under SUI 11.6, overstaying is also not counted where it followed a refusal later withdrawn or quashed. Any legal challenge must have been brought within 3 months of the decision.
An overstay longer than 30 days, followed by a voluntary departure at the person’s own expense, brings the 12-month refusal period. Our guide to overstaying a UK visa explains the exceptions in more detail.
Can a refusal affect a later route, such as a visitor visa?
Yes. A refusal under one route can be relevant when the applicant later applies under another. The Home Office looks at the whole immigration history, not only the route applied for.
The Visit caseworker guidance gives one example. It covers an applicant who has “previously been refused under the Family rules” and then applies as a visitor. The decision maker must assess whether they are “using the visitor route to avoid the rules in place for family migrants”.
Later applications for indefinite leave to remain and British citizenship also ask about immigration history. Our guide to British citizenship refusals covers how past conduct is considered at that stage.
How long does a visa refusal stay on your record?
A refusal stays part of a person’s immigration history. Where an application asks whether the applicant has ever been refused, the refusal is disclosed however long ago it was.
What does end is the mandatory refusal period. Once the period in SUI 12.1 has passed, SUI 11.1 no longer requires the refusal of an entry clearance application. The decision maker may still consider the history as part of the overall assessment.
An old refusal for a requirement that was not met, declared accurately, is assessed alongside the evidence for the new application.
Frequently asked questions
Does a previous refusal mean my next application will be refused?
No. A previous refusal is not a ground of refusal on its own. The next application is decided on its evidence, unless the refusal involved deception or a breach of immigration law.
Do I need to declare a refusal that was later overturned or withdrawn?
Answer the question the form actually asks, and include the outcome. Where a question asks about refusals, a refusal later reversed should still be disclosed, with an explanation of what happened.
Can I reapply straight after a refusal?
Yes, where no mandatory refusal period applies. The new application should address the reason for the refusal. Our guide to re-applying after a UK visa refusal explains how to prepare it.
Does a refusal affect my partner’s or child’s applications?
Each refusal belongs to the person refused. A family member’s application is assessed on its own facts, although a sponsor’s or parent’s history can be relevant to the requirements of their route.
How Whytecroft Ford can help
A previous refusal can affect a later application, particularly where it is not disclosed accurately. Reading the refusal letter correctly, and presenting the history in full, is part of preparing any new application. Whytecroft Ford’s IAA-regulated immigration team is experienced, approachable and professional. The team prepares fresh applications every day for clients with a previous refusal, in the same category or a different one.
To discuss your application with our team, call 0208 757 5751 or use the contact form.
Disclaimer: The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
