This relates to 10-year deception in UK visa application under the Immigration Rules. In fact, applicants, usually, get 10-year deception ban due to an adverse behaviour under paragraph 320(7A) of the Immigration Rules. However, a UK visit visa application is refused for deception under paragraph V 3.6 Appendix V. Accordingly, the post explains the possible reasons for deception ban UK. And also how to reapply after deception or challenge the decision to remove the 10-year ban?
10-year UK Visa Deception Ban under Paragraph 320(7A)
A refusal on general grounds is due to an applicant’s background, character, behaviour, conduct or associations. Therefore, in the context of General Grounds for refusal, the UK visa 10-year deception ban relates to an applicant’s adverse behaviour.
In fact, if a decision-maker imposes the deception ban then any future applications are automatically refused for 10 years. Moreover, the refusal letter clearly states the period of the 10-year ban. For instance, if the decision was made on March 1, 2019, then any future application on or before March 1, 2029, will be automatically refused.
Please note, a deception ban is applicable to all types of entry clearance, leave to remain and visitor visa application. For instance, a deception ban in case of Tier 2 or Tier 5 visa application could be due to false certificate of sponsorship or fake bank statements. However, in case of a visitor visa application it could be due to false representation (invitation letter).
Can I Apply Again after 10-Year UK Visa Deception Ban?
Yes, quite certainly an applicant can apply again after getting a refusal under paragraph 320(7A). However, the likely outcome for entry clearance application will be a refusal under paragraph 320(7B) on the basis of false representations, fraud and forgery in a previous application. Moreover, a visitor visa application will be refused is on the basis of false representations, fraud and forgery in a previous application under paragraphs V 3.7 and V 3.9(d) of Appendix V. Therefore, an applicant has only two options:
- to challenge the decision for removing 10 years ban through appeal or judicial review
- wait for 10-years before a making reapplication
Reasons for 10-Year UK Visa Deception Ban
Indeed, the use of deception in a UK visa application attracts a mandatory refusal. Therefore, if a refusal falls under paragraph 320(7A) or paragraph V3.6 then the decision maker has no choice but to refuse the application with a 10-year UK visa deception ban. Moreover, an applicant gets a 10-year UK visa deception ban due to:
- False Representation
- Fraud, Forgery and Non-Genuine Documents
- Non-Disclosure of Material Facts
- Failure to Cooperate
- Deceitful or Dishonest Dealings with Her Majesty’s Government (HMG)
1. False Representation
Apparently, the Immigration Rules define false representation as a form of deception. In fact, a false representation means when an applicant or third party lies or makes a false statement in an application. Perhaps, a false representation could be in writing or orally when an applicant is interviewed. However, it is mandatory to refuse an application for false representation. Accordingly, when a decision maker has evidence that a person has used deception as part of the current or previous application, then refuses the application unless the particular paragraph of the rules allows the decision maker to use discretion. Therefore, an applicant gets a 10-year UK visa deception ban under paragraph 320(7A), or 322(1A) or V3.6 of Immigration Rules for using false representation even if:
- false representation is not relevant to the application or decision or/ana
- the applicant did not know or claims not to know that he/she has used false representation
2. Fraud, Forgery and Non-Genuine Documents
Apparently, the Immigration Rules define fraud and forgery as a form of deception. Indeed, if a decision maker has evidence that an applicant has committed fraud and forgery as part of current or previous application, then it is imminent to subject the applicant with a deception ban UK, unless the deception relates to an application made over 10 years ago. Therefore, if a person submits a document or information which the decision maker independently verified as false, forged, or non-genuine then refuses the application with a 10-year deception ban even if:
- the false document is not relevant to the application or the decision
- the applicant does not know that the document is false
Therefore, an applicant gets a 10-year deception ban UK under paragraph 320(7A), or 322(1A) or V3.6 of Immigration Rules for fraud, forgery or non-genuine documents. Moreover, a false (non-genuine) document under the Immigration Rules is a:
- genuine document which has been altered or tampered with
- genuine document that is being used by an imposter
- counterfeit document (one that is completely false)
- genuine document which has been fraudulently obtained or issued
- genuine document which contains a falsified or counterfeit visa or endorsement
3. Non-Disclosure of Material Facts
If an applicant withholds information relevant to the decision then may get a 10-year UK visa deception ban. Moreover, the Immigration Rules require to refuse an entry clearance or leave to remain application due to non-disclosure of material facts as part of the current or previous application. Indeed, a decision maker can subject an applicant with a 10-year deception ban UK for not disclosing information. However, to do so, the decision maker needs to prove that the information withheld is relevant to the decision. Perhaps, a decision maker cannot exercise 10-year deception ban UK for not disclosing information without first informing the applicant. In fact, an applicant cannot give information unless know: what kind of information is material to the application.
4. Failure to Cooperate
Indeed, at times, the decision maker can consider the appropriateness of refusing an application under paragraph 320(11) (or V 3.8 for visitors) if an applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules.’
5. Deceitful or Dishonest Dealings with Her Majesty's Government
If a person attempts to deceive or otherwise is clearly dishonest in dealings with government departments then falls for refusal under character, conduct and associations grounds. Accordingly, examples of deceitful conduct or dishonest dealings may include but not limited to:
- fraudulently claiming or otherwise defrauding the benefits system
- providing dishonest information in order to acquire goods or services. For instance, providing false details in order to obtain a driving licence
- false or deliberately misleading information at earlier stages of the immigration application process. For instance, providing false bio-data, claiming to a false nationality, or concealing conviction data
Moreover, the Home Office assesses such applications to the extent of the false information. And the intentions or actually gain as a result of the false information. However, the Home Office does not refuse an application for making a genuine mistake on an application form. And for claiming something to which an applicant reasonably believe or advise that they are entitled to.
The Immigration Rules relatings to 10-Year UK Visa Deception Ban are as under:
In fact, an entry clearance applicant gets a 10-year UK visa deception ban for:
- false representation, fraud and forgery in a current application under paragraph 320(7A) of the Immigration Rules
- false representations, fraud and forgery in a previous application under paragraph 320(7B) of the Immigration Rules
- forged or counterfeit passport under paragraphs 320(3) and 320(19) of the Immigration Rules
- deceptive documents under paragraph 320(19) of the Immigration Rules.
Apparently, a UK visitor visa applicant gets a 10-year deception ban for:
- false representation, fraud and forgery made in a current application under paragraph V 3.6 of Appendix V
- false representations, fraud and forgery in a previous application under paragraph V 3.7 and V 3.9(d) of Appendix V
- forged or counterfeit passport under paragraph V 3.12(a) and V 3.3 of Appendix V
- other deceptive documents under paragraph V 3.3 of Appendix V
Leave to Remain Application
Quite clearly, a leave to remain applicant gets a 10-year deception ban UK for:
- false representation, fraud and forgery in the current application under paragraph 322(1A) of the Immigration Rules
- false representation, fraud and forgery in a previous application under paragraph 322(2) of Immigration Rules
- using false representations, fraud and forgery in a current or previous application to get a document from the Secretary of State to show he/she has a right to reside in the UK under paragraph 322(2A) of the Immigration Rules
Deceitful or dishonest dealings with HMG
The following paragraphs provide a discretionary power to refuse in circumstances relating to deceitful or dishonest dealings with Her Majesty’s Government (HMG).
|Application||EC||LTR or ILR|
|Visitors||V 3.6, V9.4||V 3.6, V3.9(d)|
|Others||320(7A), 321A(2)||322(1A), 322(2A)|
What if an applicant fails to declare convictions?
Perhaps, there is no specific provision to refuse an applicant for failing to declare criminal convictions. However, the decision maker considers if a failure to do so:
- amounts to deception due to false representations
- is due to false documents or information or
- is tantamount to not disclosing material facts
Therefore, if an applicant fails to declare a criminal conviction, especially when an application form explicitly asked to do, usually leads to a 10-year deception ban UK on character and conduct grounds. However, if an applicant has made a genuine error then this may not lead to a deception ban UK. For instance, an applicant may not have been aware that he/she needs to declare a fine for a motoring conviction. However, this is different to a person who fails to declare a conviction resulting an imprisonment. Therefore, decision maker considers each on its own merits.
However, from 1 October 2012, in terms of section 56A of the UK Borders Act 2007 a person needs to declare criminal convictions in their dealings with the Home Office. Perhaps, , whether or not the person has spent the criminal conviction. Accordingly, for applications made on or after 13 December 2012, it is not reasonable for an applicant to think their conviction is ‘spent’ within the meaning of the Rehabilitation of Offenders Act 1974.
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Positive Evidence Required for 10-Year UK Visa Deception Ban
In fact, the legal standard of proof is, usually, the balance of probabilities. Perhaps, this means it is more likely than not that the applicant has made false representations or given forged documents. However, it is not applicable in case of deception ban UK under paragraphs 320(7A), 322(2) or V3.6. Therefore, to refuse an application under paragraphs 320(7A), 322(2) or V3.6 the decision maker needs to have positive evidence to prove that the applicant has either lied or submitted a false document. Accordingly, the availability of positive evidence is a prerequisite for the applicability of paragraphs 320(7A), 322(2) and V3.6 of the Immigration Rules.
Therefore, it is certainly not appropriate to refuse under paragraphs 320(7A), 322(2) and V3.6 of the Immigration Rules simply because the ECO is not satisfied that the applicant is telling the truth. And also because of silly mistakes in the application. For instance, when an applicant has given an incorrect postcode or misspelt a name on the application form. Accordingly, before subjecting an applicant with 10-year deception ban UK, the decision maker needs to satisfy that the applicant:
- has used the deception such a false documents, representation and/or
- intends to use deception i.e. how the applicant has completed the application form? And how the applicant has answered questions about previous refusals?
A Clear Audit Trail
In fact, if a decision maker refuses an application under paragraph 320(7A) or 320(7B) then needs to fill a document examination report (DER) or a document verification report (DVR). Perhaps, this ensures that there is a clear audit trail to show 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 instance, from another report or the transcript of the interview. However, in such instances, the decision maker still needs to fill the DER or DVR. Perhaps, even if this means simply referring to a question or an interview answer or another report. In fact, there is no need to confirm a false if a DVR has been filled completely. Moreover, the Home Office depersonalise a DER or DVR before giving a copy to an applicant or a third party.
Documents Examination Report (DER)
Indeed, a decision maker needs to check a document before terming it false. Therefore, needs to fill the document examination report (DER) before refusing application under 10-year deception ban UK. Moreover, also needs to justy the findings in DER- for instance, by including a photographic evidence- that the document is false.
Document Verification Report (DVR)
If as a result of the verification checks there is an evidence that the document is false then the decision maker needs to fill a document verification report (DVR). For instance, a DVR may state that the document is identical to another document on which there is current and reliable evidence that it is false i.e. the person, who has issued the document, has already informed that the document is false. Moreover, if an applicant has used false admission form then the decision maker need to record this in DVR.
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