The UK government has tightened immigration restrictions, rejecting many applicants for Indefinite Leave to remain (ILR) or entry due to 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 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, 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: Immigration authorities will deny your application if they catch you lying or submitting fake documents.
- The authorities can revoke your ILR even after granting it.
- 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 any forged or altered record designed to mislead. For example, someone may create a fake bank statement or modify a work reference to make it appear legitimate. To avoid issues:
- Ensure all documents are correct: Make sure your documents are authentic and 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?
Nondisclosure means hiding important facts that should have been shared. This can be more complicated than submitting fake documents. If a person applies for ILR without disclosing unpaid taxes or missing financial documents, the authorities may accuse them 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 she fabricated her income or that it is not genuine.
What Can You Do if You’re Refused ILR for Deception?
If the Home Office refuses your ILR application due to alleged deception, you can challenge the decision by taking these steps:
- 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 you face a refusal due to deception, get expert legal help immediately. 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.
