Uk/visaapplications

[ThaiVisaExpress]

We have had two people enter our office in the last 4 weeks with ten year bans from entering the UK.

They used a non regulated agency who failed to insert previous refusals on the VAF and inserted forged documents with the application.

If you employ the services of a consultant to deal with your application ensure he/she has demonstrated proven ability and they are regulated to give Immigration advice.

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

breaching a condition attached to his leave;

© being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

Further Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom

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Edited April 2, 2010 by ThaiVisaExpress

[theoldgit]

You are absolutly right to highlight the dangers with submitting false applications, but the problem is that Immigration Advisers and Agencies are not regulated in Thailand, anybody can set up business offering immigration and visa advice.

Anybody who allows any agency or advisor to submit false evidence or forged documents really deserves anything they get.

[7by7]

Anybody who allows any agency or advisor to submit false evidence or forged documents really deserves anything they get.

Might sound harsh, but I agree.

The declaration on the application form contains

I am aware that it is an offence under the Immigration Act 1971 (as amended) to make a statement which I know to be false, or not believe to be true, in order to obtain a visa/entry clearance to the UK. I am also aware that my application will be automatically refused and I may be banned from going to the UK for 10 years if I use a false document, lie or withhold relevant information.

The applicant signs this declaration and so is responsible for anything contained in the application, including the supporting documents. They, or their sponsor, should check everything on the form before signing it and check the whole application pack before submitting it.

Ultimately, the moral of this story is that if one does wish to use the services of an adviser, ensure that one chooses an adviser who is qualified and regulated in the UK.

For the benefit of anyone reading this whose partner may have fallen foul of such a ban, it should be pointed out that a ban under Para 320(7B) does not apply to, among others, settlement applications.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under

paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or

(b ) where the individual was under the age of 18 at the time of his most recent breach of the UK's immigration laws.

But Para 320(11) does apply to settlement applications

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

For the referred to guidance, see Frustrating the intentions of the Immigration Rules – paragraph 320 (11)

[ThaiVisaExpress]

The ECO added that :

I refuse your application under paragraph 320 (7 A ).

And you must note that because this application for entry clearance has been refused under 320 (7 A ) any future applications may also be refused under 320 (B ) subject to the requirements set out in paragraph 320 (7C).

[7by7]

Done a bit more reading, and it appears that there may be a way forward for those, like the people in TVE's OP, who had their application 'altered' by an agent.

The refusal under Para 320(7A) would be valid, as the rules contain the phrase "whether or not to the applicant's knowledge" but subsequent applications may not be subject to Para 320(7B).

From Immigration Offender - paragraph 320 (7B) and 320 (7C)

RFL5.4 When does rule 320 (7B) not apply? Rule 320 (7C)

......you must not refuse an applicant under 320(7B) if.....false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;

But

RFL5.8 320 (7B) and the use of false representations, information and documents

If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.

Unless the applicant can prove this, they must be automatically refused under paragraph 320 (7B) for 10 years from the date deception was used (unless paragraph 320 (7C) applies). Where the documents relate directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from a financial institution that they had previously supplied us with incorrect information).

So the burden is upon the applicant to prove that the false application and/or documents were submitted without their knowledge; which I think will be hard to do!

[ThaiVisaExpress]

Done a bit more reading, and it appears that there may be a way forward for those, like the people in TVE's OP, who had their application 'altered' by an agent.

The refusal under Para 320(7A) would be valid, as the rules contain the phrase "whether or not to the applicant's knowledge" but subsequent applications may not be subject to Para 320(7B).

From Immigration Offender - paragraph 320 (7B) and 320 (7C)

RFL5.4 When does rule 320 (7B) not apply? Rule 320 (7C)

......you must not refuse an applicant under 320(7B) if....false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;

But

RFL5.8 320 (7B) and the use of false representations, information and documents

If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.

Unless the applicant can prove this, they must be automatically refused under paragraph 320 (7B) for 10 years from the date deception was used (unless paragraph 320 (7C) applies). Where the documents relate directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from a financial institution that they had previously supplied us with incorrect information).

So the burden is upon the applicant to prove that the false application and/or documents were submitted without their knowledge; which I think will be hard to do!

We have forwarded further evidence and asked the ECO to review the case and reduce it to a general refusal under paragraph 41.

[7by7]

Good luck.