There are now tighter restrictions on immigration by the UK government and a lot of people who try to obtain Indefinite Leave to Remain (ILR) or to enter the UK are turned down on grounds of deception. Falsifying your documents, failing to submit taxes or just lying can do you real harm when it comes to your immigration case. Let’s take a quick look at what lies mean in immigration, and how not to be a victim of it.
What is “Deception” in Immigration Law?
Deception in immigration law refers to purposefully lying or misleading the UK government. That might be by lying, by withholding critical information, or by giving out fake forms. Under the Nationality, Immigration and Asylum Act 2002, it is a crime to deceive, and if you were to get into or ILR by lying, you would lose your visa or status.
How Can Deception Affect Your Immigration Application?
Deception is one of the most serious issues in UK immigration law. If you are found guilty of deception, the consequences can include:
- Refusal of entry or ILR: Your application can be denied if you are caught lying or submitting fake documents.
- Revocation of ILR: If you’ve already been granted ILR, it can be taken away.
- Criminal prosecution: Serious cases of deception could lead to criminal charges and even jail time.
What is Considered a “False” Document?
A false document is anything that has been forged or altered to give misleading information. For example, a fake bank statement or a work reference that has been altered to look like it’s from a legitimate source can be considered false. To avoid issues:
- Ensure all documents are correct: Make sure your documents are authentic, signed, and include all necessary contact details.
- Get professional advice: It’s always best to consult an experienced immigration lawyer to check your documents before submitting them.
What is Non-Disclosure of Material Facts?
Non-disclosure means hiding important facts that should have been shared. This can be more complicated than submitting fake documents. For example, if a person applies for ILR but fails to disclose unpaid taxes or missing financial documents, they could be accused of deception. Even if the omission was unintentional, the Home Office may decide that the applicant is not being truthful.
For example:
- Non-disclosure of taxes: If a migrant director (let’s call her ‘A’) applies for ILR but doesn’t submit certain tax forms, even though her accountant said it wasn’t necessary, the Home Office may still view it as deception. They might argue that her income is fabricated or not genuine.
What Can You Do if You’re Refused ILR for Deception?
If your ILR application has been refused because of alleged deception, you can take steps to challenge the decision:
- Request an Administrative Review: This is a formal request to have your application reviewed. It might be enough to clear up any misunderstanding or mistake.
- Appeal on Human Rights Grounds: If you have family in the UK, like a spouse or children, you might be able to argue that refusing your ILR violates your human rights, especially the right to family life.
- Judicial Review: If the Administrative Review or appeal is unsuccessful, you can take the case to court, but only if there are strong reasons such as a violation of your human rights.
Why You Need Legal Advice
Deception allegations can be complex and very serious. If your application is refused due to deception, it’s crucial to get expert legal help as soon as possible. An experienced immigration lawyer can help you understand your rights, challenge the decision, and guide you through the review or appeal process.
Law and Visas has a team of specialist immigration lawyers who can provide expert advice and representation. If you’re facing issues with your ILR or entry clearance application, get in touch with us for the support you need.
