Applying for Indefinite Leave to Remain (ILR) is an important step to secure your right to live and work in the UK. However, many applicants are now facing the stress of having their ILR application refusal due to accusations of deception.
In recent years, the UK government has made it more difficult for migrants to get ILR by adding stricter rules. For example, most non-EEA nationals applying on a Tier 2 visa must earn at least £35,000. HMRC is rejecting many applicants due to claims of deception, often caused by mistakes or discrepancies in their tax records or income information.
If your ILR application is refused due to allegations of deception, it can be overwhelming. But don’t lose hope—there are steps you can take to challenge the decision and still have a chance to successfully apply for ILR.
Understanding Deception in ILR Applications
Deception in the context of UK immigration law typically refers to any attempt to mislead the Home Office, which can include:
- False representation: Providing incorrect information or documents.
- Fraud or forgery: Submitting forged documents or altered information.
- Non-disclosure of material facts: Failing to disclose relevant information that could affect the application.
The Home Office may refuse an ILR application under Paragraph 322(5) of the Immigration Rules if they believe the applicant’s conduct, including any discrepancies in tax declarations or other supporting documents, indicates dishonesty.
What Does “Deception” in an ILR Application Mean?
The UK Home Office may refuse an ILR application if they believe that you have made a false representation—that is, if you have deliberately and dishonestly made a false statement on your application.
Deception, among others, can be claimed using the immigration rules, including sections 322(1A), 322(2), and 322(5). In these cases, the Home Office is asserting that the applicant or a third party has intentionally misrepresented or falsified information.
One key point is that the false statement must be deliberate and dishonest. This was clarified in the AA (Nigeria) v SSHD case, where the Court of Appeal explained that a mistake or error in your application would not count as deception unless there was a clear intent to deceive.
Steps to Take After Refusal
- Review the Refusal Letter: Start by carefully examining the reasons provided in the refusal letter. This will help you understand the specific grounds for the decision and inform your next steps.
- Seek Legal Advice: Engaging an immigration solicitor experienced in handling deception cases is highly advisable. They can assist in interpreting the refusal and developing a strategy for your appeal or review.
- Options for Challenge:
- Appeal: If your refusal letter states that you have a right to appeal, this must be done within a strict timeframe (usually 14 days if you are in the UK) and is applicable only under certain circumstances, such as potential human rights violations.
- Administrative Review: This process allows you to request a review of the decision based on procedural errors without needing to go through a full appeal process.
- Judicial Review: If other options are not available, you may consider applying for a judicial review, which challenges the legality of the Home Office’s decision rather than its merits.
- If possible, you can correct any errors and submit a new application, but it is important to approach this cautiously and ideally seek legal guidance.
- Gather Evidence: Collect all relevant documentation that supports your case. This may include corrected tax returns, evidence of employment, and any correspondence with HMRC that clarifies your financial situation.
- Addressing Allegations of Deception: If there were genuine mistakes made (e.g., errors on tax returns), prepare to explain these clearly. The burden is on you to demonstrate that any discrepancies were innocent mistakes rather than intentional deception.
- Act Quickly: Time limits apply to most actions following a refusal, so it is essential to act promptly to protect your rights and options.
How can I appeal an ILR refusal due to alleged deception
If UKVI refuses your Indefinite Leave to Remain (ILR) application due to allegations of deception, it is essential to understand the appeal process and your options for moving forward. Here’s a structured approach to appealing an ILR refusal based on deception claims.
Steps to Appeal an ILR Refusal Due to Deception
Review the Refusal Letter:
Carefully read the refusal letter from the Home Office. It will outline the specific grounds for refusal, which are crucial for determining your next steps.
Seek Legal Advice:
Contact an immigration solicitor who specializes in ILR cases, particularly those involving allegations of deception. They can provide tailored advice based on your circumstances and help you navigate the appeal process effectively.
Determine Your Options:
Depending on the details of your case, you may have several options:
- Appeal the Decision: If your refusal letter states that you have a right to appeal, ensure you submit your appeal within 14 days if you are in the UK, or 28 days if you are outside the UK. Appeals can be made to the First-tier Tribunal (Immigration and Asylum Chamber) if human rights issues are involved.
- Administrative Review: If you believe there was an error in how the Home Office handled your application, you can request an administrative review within 28 days of receiving your refusal letter. This process allows for a re-evaluation of the decision without submitting new evidence.
- Judicial Review: If other options are not available or appropriate, consider applying for a judicial review. This is a more complex process that challenges the legality of the Home Office’s decision rather than its merits.
- Reapply for ILR: If feasible, you may choose to correct any mistakes and submit a new application. This should be done carefully to address all issues raised in the refusal letter.
Gather Supporting Evidence:
Compile all relevant documentation that supports your case, including any corrected tax returns or evidence demonstrating that any discrepancies were unintentional. This may also include letters from accountants or solicitors clarifying your tax situation.
Address Allegations of Deception:
If the refusal is based on perceived dishonesty, prepare to demonstrate that any discrepancies were genuine mistakes rather than intentional misrepresentations. Provide clear evidence of corrective actions taken since the refusal.
Submit Your Appeal or Review Request:
Follow the specific instructions in your refusal letter regarding how to submit your appeal or request for review. Ensure all documents are well-organized and submitted within the required timeframes.
Monitor Progress:
After submitting your appeal or review request, track its status and prepare for potential hearings or additional information requests from the Home Office.
Key Considerations
- Time Limits: Be aware that there are strict time limits for appeals and administrative reviews (usually 14 days for appeals if in the UK) so act promptly.
- Gather Supporting Evidence: Compile any evidence that supports your case, such as corrected tax returns or character references, to demonstrate your integrity and counter any claims of dishonesty.
- Be Honest: If there were genuine mistakes or misunderstandings in your application, clearly articulate these in any subsequent submissions or appeals.
Receiving a refusal for your ILR application due to deception can feel like a major setback. However, with the right help, it is often possible to correct the issue and successfully reapply. If an honest mistake or tax discrepancy leads to the refusal of your application, Law and Visas will guide you in challenging the decision and boosting your chances of securing ILR.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Business Visa, an Immigrant Investor Visa, or dealing with an ILR application refusal, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
