When completing a UK visa application, the information you provide matters. A false answer, an incorrect document or failing to disclose a relevant fact can have serious consequences for an application.
The Immigration Rules contain specific provisions dealing with deception and false information. Importantly, these are not treated in exactly the same way.
When can incorrect information amount to deception?
Under Part Suitability of the Immigration Rules, an application for entry clearance or permission must be refused where the decision maker is satisfied that the applicant used deception.
This can include:
- making false representations;
- providing false documents;
- providing false information; or
- failing to disclose relevant facts connected with the application.
The Rules also make clear that false information or documents do not have to be relevant to the application itself for the deception provision to apply.
This is a mandatory ground for refusal. If the decision maker finds that an applicant used deception, they must refuse the application.
What if the information came from someone else?
Part Suitability separately deals with false representations and information provided by an applicant or a third party. Under SUI 10.1, the Home Office may refuse an application if the applicant or a third party makes false representations, provides false documents or information, or fails to disclose relevant facts.
Significantly, the Rules state that false information or documents can fall within this provision whether or not the applicant knew about them.
Unlike SUI 9.1, SUI 10.1 gives the decision maker discretion to refuse an application. Under SUI 9.1, the decision maker must refuse the application if they find deception.
Could it affect future UK visa applications?
The consequences can extend beyond the application being considered.
Part Suitability states that a person aged 18 or over can be treated as having previously breached UK immigration laws if they used deception in relation to a previous application, whether or not that application was successful.
The Rules also provide for a 10-year mandatory refusal period where deception was used in an application. For visit applications, this applies to applications for entry clearance.
Before submitting a UK visa application
Something that appears to be a simple incorrect answer can therefore raise a much more serious issue depending on the circumstances.
Applicants should check that all information and documents in their application are accurate. They should also disclose all relevant facts.
If you are concerned about information provided in a UK visa application, or a previous application that could affect a new one, Morgan Smith Immigration can advise you on your circumstances.
Call 0203 959 3335 or email [email protected].
