What is Immigration Deception?
Although the definition of deception is not clear in the Immigration Rules, the caseworker can consider whether the applicant has provided the wrong information but has no intention to deceive and whether the applicant has the intention to deceive.
The Home Office guidance confirms that although false information may have been provided as an innocent mistake, such as misspelling a postcode on the application form, it should not be considered deception. However, if false information is beneficial to the application and intentionally provided to increase the possibility of a successful decision, it may be considered deception.
Deception may also be the absence of any material information. For example, when you apply for a "visitor visa," you need to satisfy the Home Office you will return to your home country at the end of your visit. Therefore, you must provide details of all relevance to your home country, whether personal or financial. Similarly, information on previous immigration refusal history, criminal convictions, or driving penalties should also be provided. However, if you do not provide the true information, you might be considered that you do have the intention to deceive.
Mistakes that might be interpreted as deception
Given the length of the UK visa application forms and a wide range of questions, it is easy to make mistakes. Some immigration officials may be very suspicious, and even though the applicant incorrectly answered the question and the submitted document shows that the answer to the question was wrong (even though it surely shows that no real intention to deceive it), deception is still sometimes alleged.
The main types of accidental "Deception" are:
- Failure to declare minor criminal convictions such as driving offences
- Wrong answers about previous refusals or immigration history
- Allegations of the use of false document
What are the Immigration Rules on deception?
- Related applications will always be refused no matter what.
- If the application was for entry clearance, future applications for entry clearance will be automatically refused for ten years from the date of deception.
The Refusal letter will explain in detail the reason for the refusal of why the official considered it as a deception.
If you accidentally provided the wrong information, you could still make a fresh application, putting forward evidence that you did not provide deceptive information even though you have been accused of that.
Avoiding mistakes that might be interpreted as deception
It's by far best not to commit anything that can be interpreted as deception. This means the following:
- Double-check before submitting the application. Many applicants say applications have been submitted through legal representatives or agents. This is never a valid reason for submitting false or inaccurate information, and the Home Office will always hold them responsible for any information contained in the form, as they did, at the end of the day, sign the form.
- Paying close attention to potential problem questions such as previous convictions and previous immigration refusal history. If in doubt as to whether an issue that arose in the past will be considered a conviction, it would be better to fill it out in the application form. It is often better to disclose more than less.
- Check your passport carefully and make sure that you have not forgotten anything and that the correct dates of the past travel history have been given.
- Anything must be written down as true.
Nevertheless, accidents happen and you may be refused for deception due to mistakes or misunderstanding. In this case, the applicant can challenge the refusal by submitting new evidence explaining why and how the mistake occurred. Alternatively, you can prepare evidence for this and submit a fresh application.