Visitor visa application
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I applied for a visitor visa on behalf of my nephew, who's in Italy. This was refused as it states he did not disclose the fact he already had an application rejected. I thought the question meant had he applied from Italy before, so ticked no. When my nephew pointed out that he had applied for a visa when he was in Pakistan, I stupidly told him that of course the home office would be aware of this and not to worry. If they queried then we would clarify. They didn't query but outright rejected his application and as they thought he was trying to deceive them, he's had a ban put on for 10 years. It seems harsh for something that was a) my fault and b) a misleading question.
I can understand if we had changed his details then he could be accused of deception, but everything else was correct. What can I do, if anything? I feel so guilty that he will suffer from my stupidity.
visas uk visa-refusals
edited Jun 22 at 23:50
mdd
32729
asked Jun 22 at 14:38
Jessie
171
 |Â
show 1 more comment
up vote
2
down vote
favorite
I applied for a visitor visa on behalf of my nephew, who's in Italy. This was refused as it states he did not disclose the fact he already had an application rejected. I thought the question meant had he applied from Italy before, so ticked no. When my nephew pointed out that he had applied for a visa when he was in Pakistan, I stupidly told him that of course the home office would be aware of this and not to worry. If they queried then we would clarify. They didn't query but outright rejected his application and as they thought he was trying to deceive them, he's had a ban put on for 10 years. It seems harsh for something that was a) my fault and b) a misleading question.
I can understand if we had changed his details then he could be accused of deception, but everything else was correct. What can I do, if anything? I feel so guilty that he will suffer from my stupidity.
visas uk visa-refusals
edited Jun 22 at 23:50
mdd
32729
asked Jun 22 at 14:38
Jessie
171
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
1
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
1
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
3
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08
 |Â
show 1 more comment
up vote
2
down vote
favorite
up vote
2
down vote
favorite
I applied for a visitor visa on behalf of my nephew, who's in Italy. This was refused as it states he did not disclose the fact he already had an application rejected. I thought the question meant had he applied from Italy before, so ticked no. When my nephew pointed out that he had applied for a visa when he was in Pakistan, I stupidly told him that of course the home office would be aware of this and not to worry. If they queried then we would clarify. They didn't query but outright rejected his application and as they thought he was trying to deceive them, he's had a ban put on for 10 years. It seems harsh for something that was a) my fault and b) a misleading question.
I can understand if we had changed his details then he could be accused of deception, but everything else was correct. What can I do, if anything? I feel so guilty that he will suffer from my stupidity.
visas uk visa-refusals
edited Jun 22 at 23:50
mdd
32729
asked Jun 22 at 14:38
Jessie
171
I applied for a visitor visa on behalf of my nephew, who's in Italy. This was refused as it states he did not disclose the fact he already had an application rejected. I thought the question meant had he applied from Italy before, so ticked no. When my nephew pointed out that he had applied for a visa when he was in Pakistan, I stupidly told him that of course the home office would be aware of this and not to worry. If they queried then we would clarify. They didn't query but outright rejected his application and as they thought he was trying to deceive them, he's had a ban put on for 10 years. It seems harsh for something that was a) my fault and b) a misleading question.
I can understand if we had changed his details then he could be accused of deception, but everything else was correct. What can I do, if anything? I feel so guilty that he will suffer from my stupidity.
visas uk visa-refusals
edited Jun 22 at 23:50
mdd
32729
asked Jun 22 at 14:38
Jessie
171
edited Jun 22 at 23:50
mdd
32729
edited Jun 22 at 23:50
mdd
32729
edited Jun 22 at 23:50
mdd
32729
32729
asked Jun 22 at 14:38
Jessie
171
asked Jun 22 at 14:38
Jessie
171
asked Jun 22 at 14:38
Jessie
171
171
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
1
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
1
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
3
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08
 |Â
show 1 more comment
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
1
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
1
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
3
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
1
1
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
1
1
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
3
3
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08
 |Â
show 1 more comment
2 Answers
2
active
oldest
votes
up vote
1
down vote
In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.
In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
add a comment |Â
up vote
-3
down vote
You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.
In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.
Source: British and Irish Legal Information Institute
There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
1
down vote
In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.
In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
add a comment |Â
up vote
1
down vote
In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.
In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
add a comment |Â
up vote
1
down vote
up vote
1
down vote
In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.
In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.
In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
answered Aug 10 at 12:17
Musonius Rufus
13.6k14391
13.6k14391
add a comment |Â
add a comment |Â
up vote
-3
down vote
You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.
In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.
Source: British and Irish Legal Information Institute
There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
add a comment |Â
up vote
-3
down vote
You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.
In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.
Source: British and Irish Legal Information Institute
There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
add a comment |Â
up vote
-3
down vote
up vote
-3
down vote
You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.
In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.
Source: British and Irish Legal Information Institute
There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.
In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.
Source: British and Irish Legal Information Institute
There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
edited Jul 20 at 4:07
Mark Mayo♦
128k745461259
128k745461259
answered Jun 23 at 17:03
greatone
2,050927
answered Jun 23 at 17:03
greatone
2,050927
answered Jun 23 at 17:03
greatone
2,050927
2,050927
Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.
Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
add a comment |Â
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
1
1
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
Why so many down votes on this answer? Herd mentality at work?
– Musonius Rufus
Aug 10 at 12:19
add a comment |Â
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Clash Royale CLAN TAG
Should we assume that the application was for a UK visa? How old is your nephew?
– phoog
Jun 22 at 14:58
1
It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon.
– Giorgio
Jun 22 at 15:44
I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy!
– user16259
Jun 22 at 16:04
1
Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception.
– phoog
Jun 22 at 16:04
3
Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'.
– user16259
Jun 23 at 11:08