This relates to Deception Ban UK for 10 years under general grounds for refusal, immigration rules and Appendix V for visitors. If it is proved that an applicant has used deception in his/her application that the application is refused under paragraph 320(7A) of the Immigration Rules. Likewise, a visit visa application is refused under paragraph V 3.6 of Appendix V. A use of deception in the application contracts a Refusal on Mandatory General Grounds.
10 year Ban for Deception in UK Visa Application
An application is always refused when an applicant has used deception in his/her application, for example, has:
- made false representations;
- given false information;
- submitted false documents;
- not disclosed material facts;
Entry clearance is refused even if the applicant does not know that their representations or documents are false. Paragraph 320(7A) of the rules applies.
Meaning of False Representation- Lies, False Statement
False representation is when an applicant or third party lies or makes a false statement in an application. This could be in writing or orally when an applicant is interviewed. Such an application is refused under paragraph 320(7A), even if:
- the false representation is not relevant to the application or decision;
- the applicant did not know or claims not to know, that false representation has been used.
General grounds for refusal alleged deception & innocent mistakes
However, an application is not refused just because an ECO thinks that false representations have been made or because of mistakes in the applications. For example, the applicant has given an incorrect postcode or misspelt a name on the application form.
The ECO needs to be satisfied that deception has been used and/or the applicant intended to deceive. This will mainly relate to how the applicant has completed the questions about previous visa refusals or the grant or refusal of leave to remain (LTR) on the application form (VAF).
Tier 2 and Tier 5 Visa Refusal for False information
When an applicant has submitted false information to get a Tier 2 or 5 certificate of sponsorship under the points-based system, the application is refused under paragraph 320(7A) of the Immigration Rules.
10 Years Deception Ban UK due to False Documents
An application is refused under paragraph 320(7A) if there is an evidence that a false document has been submitted. Such an application are refused even if:
- the false document is not relevant to the application or the decision;
- the applicant does not know that the document is false.
An Examination of the Documents, Checks on Evidence is Required
To be satisfied that a document is false, one of the following needs to be undertaken:
- examination of the document and filling in a document examination report (DER) – findings must be set out to justify the decision that the document is false, and photographic evidence must be included where needed;
- have evidence, as a result of the checks, that the document is false and fill in a document verification report (DVR);
- show that the document is identical to another document on which there is a current and reliable evidence that it is false – for example, the body which issued the document has either given information on security features or already told that an identical document is false;
- have an admission from the applicant that they used a false document – this must be either in writing or recorded in the question and answer notes.
Not Disclosing, Withholding Information Relevant to the Decision
An application is refused under paragraph 320(7A) when an applicant does not disclose a fact that is material (relevant) to the decision to grant entry clearance. To do so, it must be able to prove that the information the applicant withheld is relevant to the decision.
Applicant Don’t Know: What Relevant Information is Missing?
An application cannot be refused on these grounds if it has not been told to the applicant the kind of information which is relevant to their application. The applicant does not have to give information unless it is being told to an applicant: what kind of information is material to his/her application.
Refusal under 320(11) and V 3.8 of Appendix V, Immigration Rules
It should also be considered that whether it is appropriate to refuse the applicant under paragraph 320(11) when the applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules.’ For visitors, an application is refused under paragraph V 3.8.
The standard of Evidence- Availability of Positive Evidence
To refuse under paragraph 320(7A) the ECO must have positive evidence to prove that the applicant has lied or submitted a false document. Therefore, the availability of positive evidence is a prerequisite for the applicability of paragraph 320(7A) of the Immigration Rules.
The legal standard of proof is ‘balance of probabilities’, which means it is more likely than not that the applicant has made false representations or given forged documents.
It is not appropriate to refuse under paragraph 320(7A) simply because the ECO is not satisfied that the applicant is telling the truth or because of mistakes in their application. For example, when an applicant has given an incorrect postcode or misspelt a name on their application form.
Deception Bank UK: DER and DVR
This explains when document examination or document verification report needs to be filled for UK Visa Refusal on Mandatory General Grounds under paragraphs 320(7A) and 320(7B) of the rules. For visitors, refusal under paragraph V 3.6 and V 3.7-11 of Appendix V.
UK Visa Refusal Under Paragraph 320(7A) and 320(7B)
When an application is refused under paragraph 320(7A) or 320(7B), either a document examination report (DER) or a document verification report (DVR) needs to be filled. This is because it is to ensure that there is a clear audit trail which shows how the decision has been reached.
In some cases when an application is refused on these grounds, deception might also be known from another source, for example, from a report or through an interview. In such cases, DER or DVR still needs to be filled, even if that means simply referring to a question and answer interview or another report. It is not required to confirm that a document is false if a DVR has been filled completely.
If an applicant, third party or appeal case asks for a copy of the DER or DVR, it must be depersonalized.
More on General Grounds for Refusal: Re-Entry Ban UK, Criminal Record Certificate, UK Visa Purpose not covered under immigration rules and General Grounds for Refusal under Immigration Rules & Appendix V