Question to the Home Office:

To ask the Secretary of State for the Home Department, for what reason past tax discrepancies result in good character requirement failures under paragraph 322(5) of the Immigration Rules' grounds for refusing indefinite leave to remain.

Immigration Rule 322(5) related to refusal of leave to remain on the grounds it was undesirable to allow a person to remain in the UK in the light of their character, conduct or associations. It was replaced with rule 9.3.1 in Part 9 of the Immigration Rules laid on 22 October 2020. This provides for the mandatory refusal of permission to stay where a person’s presence in the UK is not conducive to the public good because of their character, conduct or associations.

Published guidance makes clear the behaviours which mean an application would be refused under rule 9.3.1. While innocent tax discrepancies would not normally warrant refusal on non-conducive grounds, an application can be refused on the grounds of corruption or involvement in the proceeds of crime.