Question to the Home Office:

To ask the Secretary of State for the Home Department, under what circumstances a person who has breached visa conditions may subsequently obtain settlement.

Appendix FM and Part Suitability of the Immigration Rules sets out the grounds for refusal which apply to settlement applications, depending on the route. Decisions on refusals are either mandatory or discretionary. All decisions must be compatible with the UK’s obligations under the Refugee Convention and the European Convention on Human Rights.

The Immigration Rules set requirements which properly balance the individual right to settlement with the public interest in safeguarding the UK, protecting the public from criminals, and protecting the rights and freedom of others.

Each application for settlement is considered on its merits and on a case-by-case basis taking into account the individual circumstances of the case.