This relates to 10-year deception in UK visa application under the Immigration Rules. In fact, applicants, usually, get 10-year deception ban UK 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 to the Immigration Rules. Accordingly, the post explains the possible reasons for deception ban UK. And also can an applicant apply again after deception or challenge the decision to remove the UK 10-year ban?
UK visa application refusal due to 10-year deception ban: FAQs
A refusal on general grounds is due to an applicant’s background, character, behaviour, conduct or associations.
Apparently, in the context of General Grounds of the immigration rules, the deception ban UK relates to an adverse behaviour. Therefore, an application gets refused with a 10-year deception ban for using deception, false representation, fraud, forgery, non-disclosure of material facts or failure to cooperate.
Perhaps, the deception ban UK is applicable to all types of entry clearance, leave to remain, or visitor visa applications
Apparently, the use of deception 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 deception ban UK.
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. The first is to challenge the decision for removing 10 years ban through appeal or judicial review. If not then wait for 10-years before applying for a UK visa application again.
What are UK 10-year deception ban immigration rules for visitors?
Apparently, a UK visitor visa applicant gets a 10-year deception ban under paragraph V 3.6 Appendix V to the Immigration Rules for using false representation, fraud and forgery made in a current application. However, an applicant gets a 10 year deception ban under paragraphs V 3.7 and V 3.9(d) Appendix V to the Immigration Rules for using false representations, fraud and forgery in a previous application.
Moreover, a visit visa applicant gets a 10-year deception ban UK under paragraphs V 3.12(a) and V 3.3 Appendix V to the Immigration Rules for using forged or counterfeit passport. However, a visitor gets a 10-year deception ban UK under paragraph V 3.3 of Appendix V for other deceptive documents.
What are 10-year UK deception ban rules for entry clearance?
In fact, an entry clearance applicant gets a 10-year deception ban UK under paragraph 320 (7A) of the Immigration Rule for using false representation, fraud and forgery in a current application. However, for using false representations, fraud and forgery in a previous application the paragraph 320 (7B) of the Immigration Rule applies.
Moreover, an applicant gets a 10-year deception ban for using forged or counterfeit passport under paragraphs 320(3) and 320(19). However, an applicants gets a 10-year deception ban under paragraph 320(19) of the Immigration Rules for using other deceptive documents.
What are UK deception ban rules for leave to remain applicants?
Quite clearly, a leave to remain applicant gets a 10-year deception ban UK under paragraph 322(1A) of the Immigration Rules for using false representation, fraud and forgery in the current application. However, an applicant gets a deception ban under paragraph 322(2) of Immigration Rules for using false representation, fraud and forgery in a previous application. Moreover, if an applicant has used 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 then the applicant gets a 10-year deception ban under paragraph 322(2A) of the Immigration Rules.
What is 10-year automatic refusal after deception ban UK?
In fact, if a decision-maker imposes a 10-year deception ban UK under the Immigration Rules then any future applications of the applicant are automatically refused for 10 years. Moreover, the refusal letter states the 10 year period. For instance, if the decision was made on March 1, 2019, then the refusal letter will state that any future application on or before March 1, 2029, will be automatically refused.
Examples of Deception in UK visa application
A deception ban is applicable to all types of entry clearance, leave to remain and visitor visa application. Therefore, a deception ban in case of Tier 2 or Tier 5 visa application could be false information to get a Tier 2 or 5 certificate of sponsorship or providing fake bank statements.
When an applicant gets deception ban due to 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.
In fact, 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 deception ban UK under paragraph 320(7A), or 322(1A) or V3.6 of Immigration Rules for using false representation. Moreover, an applicant gets a 10-year deception ban UK even if the false representation is not relevant to the application or decision. And also if the applicant did not know or claims not to know that false representation has been used.
When an applicant gets 10-year deception ban UK due to forgery?
Apparently, the Immigration Rules define fraud and forgery as a form of deception. 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. Perhaps, even if the false document is not relevant to the application or the decision. And also if 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.
Perhaps, 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.
When an applicant gets 10-year ban for frustrating the rules?
Moreover, at times, the decision maker can also 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.’
What is the meaning of deceitful or dishonest dealings with HMG?
If a person attempts to deceive or otherwise be clearly dishonest in his/her dealings with another department of government, he/she 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.
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
The following paragraphs provide a discretionary power to refuse in circumstances relating to deceitful or dishonest dealings with Her Majesty’s Government (HMG).
Deceitful or dishonest dealings with Her Majesty’s Government (HMG)
|Application||General Grounds||Appendix FM||Visitors|
|Entry Clearance||320 (7A), 321A(2)||S-EC.2.2||V 3.6, V9.4|
|Leave to Remain or ILR||322(1A), 322(2), 322(2A)||S-LTR.2.2||V 3.6, V3.9(d)|
Therefore, ff 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.
What is the standard of prove for 10-year deception ban UK?
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?
What if an applicant has withheld relevant information?
In fact, 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.
What are Document Examination and Verification Reports?
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.
What is the purpose of Document Examination Report (DER)?
If fact, the decision maker needs to check a document before terming it false. Therefore, the decision maker needs to fill a document examination report (DER) before refusing application under 10-year deception ban UK. . Accordingly, the findings of DER must justify the decision that the document is false. Perhaps, a DER must include a photographic evidence for present and future reference and use.
What is the purpose of Document Verification Report (DVR)?
In fact, as a result of the verification checks, the decision maker has evidence that the document is false. Accordingly, 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. For example, the body which issued the document has given information on security features or already told that an identical document is false. Likewise, if an applicant has used false admission form then this must be either in writing or recorded in the question and answer notes.
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