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Deception and mandatory grounds of refusal!

06 April 2010

Rule 6 defines “deception” as “ […] making false representations or submitting false documents (whether or nor material to the application) or failing to disclose material facts”. An application refused on the basis of deception will mean that no application will be granted for a period of 10 years, namely a ban to enter the UK for 10 years under paragraph 320(7B).

In country application forms as well as out of country VAF ones ask whether a migrant has ever been refused a visa by any country including the UK. The fact that one has been refused a visa for the UK or any other country, does not in itself constitute a reason for refusing the current application, albeit a poor immigration history might be detrimental.

However, not disclosing this information will lead to a mandatory refusal. Similarly failing to disclose a criminal offence, may lay one open to a mandatory refusal.

Paragraph 320(7B) shall not apply where the applicant is applying as a spouse, civil partner or unmarried or same-sex partner, a fiancé or proposed civil partner, a parent, grandparent or other dependent relative of someone present and settled in the UK as well as a person exercising rights of access to a child, a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection or where the individual was under the age of 18 at the time of his/her most recent breach of the UK's immigration laws.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.