let’s address how UK Visas and Immigration (UKVI) assesses false representations and deception in visa applications—what it means, how it’s determined, and what to do if it becomes an issue.
UKVI differentiates between an innocent mistake and intentional deception, but understanding where the line is drawn is crucial. Under Paragraph 9 of the Immigration Rules, an application must be refused if it’s more likely than not that deception was used. Here, the decision-maker needs solid evidence of dishonesty—not just doubts or minor inconsistencies.
Meanwhile, under Paragraph 9, an application may be refused if false representations are found, but without a firm finding of deception. In cases like these, it’s typically up to the applicant to clarify and prove that any inaccuracy was indeed an innocent mistake rather than an attempt to deceive.
Before refusing a visa based on suspected false representations, UKVI must inform the applicant of its concerns. This gives the applicant an opportunity to respond and explain, which can help avoid refusals based on misunderstandings. In Balajigari v Home Secretary [2019], the Court of Appeal highlighted the need for procedural fairness in these situations, requiring UKVI to consider the applicant’s explanation.
If your application is refused due to false representations or deception, you have options. Applicants may appeal, seek an administrative review, or in some cases, request a judicial review. These options can help you address misunderstandings or procedural issues in the decision-making process.
Cancellation of Section 3C Leave
If it’s found that deception was used in an application, Section 3C leave—which extends your right to remain in the UK while your application is being processed—can be cancelled. This can impact both your immigration status and any rights tied to it.
visa refusals based on deception or false representations carry serious implications, and it’s essential to understand your rights and respond accurately if these issues arise. For further guidance on responding to suspected refusals or submitting clear applications, please reach out for support.