Character, conduct and associations goes beyond criminal convictions and enables the Homr Office caseworker to consider whether the applicant’s activities in the UK or abroad makes it undesirable for us to grant ILR.

This could include concern about the applicant on the basis of national security, war crimes, crimes against humanity, serious criminality (whether convicted or not) or other activities that make the applicants presence in the UK not conducive to the public good.

A history of anti-social behaviour or low level criminality, especially if it has led to the issue of an ASBO, or the applicant’s having signed the sex offenders register might be grounds to refuse ILR.

The applicant’s employment record will often be a significant consideration. Caseworkers will consider what the person has been doing while they have been in the UK, and what economic contribution, if any, they have made. Whilst not having a ‘sound’ employment record is not in itself a reason to refuse leave, when coupled with long residence or other strong ties with the UK, having a ‘sound’ employment record would count in a person’s favour if they have not been a burden on public finances but have in fact contributed through income tax and national insurance contributions.

An applicant’s conduct includes his or her immigration history. This will not be relevant in most cases brought under the ten-year rule, because the requirement that residence be lawful implies that the applicant is not an immigration offender.

However, immigration history is relevant to the 14 year rule. Clearly, it would not be appropriate to refuse leave on the grounds of conduct simply because the applicant is an overstayer or illegal entrant, as that would defeat the purpose of the rule. However, the rule is not intended to reward people for their success in evading, or failing to co-operate with immigration control. Therefore, any deliberate or blatant attempts to circumvent immigration control, e.g. by absconding, contracting a marriage of convenience or using false documents (this is not an exhaustive list), may well mean that it is not in the public interest to grant leave.

Domestic circumstances

If the applicant has dependant children who have adapted to life in the UK this could be a factor against refusal on paragraph 276B(ii), as could the presence of another settled person who is routinely dependent on the applicant (e.g. a disabled relative).

Previous criminal record and the nature of any offence of which the person has been convicted

A sentence of imprisonment or detention breaks the applicant’s continuous residence in the UK. Therefore, anyone who has been imprisoned is likely to find it difficult to meet the requirement of having 10 or 14 years continuous residence in the first place.