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I applied for a UK visa using a passport with a false date of birth in 2009. The application was refused.

In 2012, I changed my passport to an e-passport and applied for another UK visa with sworn affidavit explaining the reasons behind the fake date of birth, and included my birth certificate. I was granted a visa; I traveled and returned after 11 weeks.

I applied again in 2012 and was rejected, and again rejected in 2013 citing the dual date of birth as the reason.

I applied again in 2014, and explained with an affidavit etc. But I was advised to stop applying for now. Though I was not categorically told that I was banned.

Please, if indeed it was a ban, when was I banned and when can I reapply for another visa? The visa I got in 2012 was a business visa which I presented the business evidence.

  • I have heavily edited your question, hopefully to make it clearer. I have tried to maintain the facts and chronology you originally wrote. If I have changed the meaning or time frames, you can revert the text back to what you originally wrote by using the "edit" button below the text. – DavidSupportsMonica Oct 4 '19 at 15:55
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    What does this mean: "I was advised to stop applying for now"? Who advised you? Exactly what did they say? – Michael Hampton Oct 4 '19 at 16:01
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    @Solo If you have a copy of the last refusal letters from 2013 & 2014 it would help you get better answers if you posted the letters with your personal information blanked out. The letters would have stated if you were given a ban. If you don’t have them, you can request details of your UK immigration history free of charge gov.uk/government/publications/… – Traveller Oct 4 '19 at 16:08
  • Why did you apply with a falsified passport? Were you concerned about being linked with something? – Robert Columbia Oct 5 '19 at 0:50
  • @David. It was written on the decision note sent back to me. That he advised me to stop applying for now and did not tell me if I was banned. – Solo Oct 5 '19 at 9:33
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You should submit a Subject Access Request Link. Ask for records of your file from the CID and as well as all previous visa records. This will show you what exactly they have on you and why a visa was issued in 2012 and subsequently refused in 2012, 2013 and 2014 citing your deception in 2009.

Normally, if the Home Office agreed to your version that it was not deception when they granted your application in 2012, you should not have had problems in later applications. Your refusal letters might show if they still consider this deception and your SAR file definitely will.

Unless you were refused under v3.6 in your later applications, you don't have a ban. That would mean that even though your 2009 DOB discrepancy was cited in the refusal, they claim this affects your overall credibility rather than outright saying you lied. This appears to be more likely. The burden of proof for v3.6 is on the ECO, while for everything else, it's on the applicant.

Once you get your SAR file, you can either proceed and submit another application or hire a solicitor based in the UK to help you.

  • The normal phraseology for UK applications is that the letter of refusal says something like "future applications may attract a 10 year ban". This means that you have not been banned, but you may (read "probably will") get one if you apply again without being extremely careful and addressing all the issues in the refusal. Essentially it is advice not to apply again. – DJClayworth Oct 4 '19 at 16:34
  • @DJClayworth Once an applicant has used deception, his/her application will be refused for 10 years from the date deception was used. Essentially, it is a ban unless the applicant can show that there was no deception or he/she was not aware in a subsequent application. The fact that the refusals have not mentioned a ban in subsequent applications means that the OP does not fall under general grounds for refusal for deception. – uberqe Oct 4 '19 at 18:06
  • I don't think that's actually the case. For somewhat strange legal reasons they actually say "If you apply again you will be banned." See e.g. refusal notice in this question: travel.stackexchange.com/questions/101247/… – DJClayworth Oct 4 '19 at 18:30
  • @DJClayworth Nowhere does it say that in the refusal notice you have linked to. The automatic refusal is a result of the deception used in an earlier application. It's not a "ban" from applying. However, any applications within 10 years of "deception" will be automatically refused unless the applicant can show 1) there was no deception or 2) he did not know about it. assets.publishing.service.gov.uk/government/uploads/system/… – uberqe Oct 4 '19 at 18:42
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    That's exactly what I'm trying to say. "will be automatically refused unless the applicant can show..." means it's not actually a ban. A ban would be "we will refuse no matter what you do". – DJClayworth Oct 4 '19 at 19:06

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