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This is in continuation to this question: I answered incorrectly to "Have you ever been refused a visa?" in my UK Tier 4 visa application form

I emailed UKVI and informed them that I made a mistake. I disclosed all details of my refusal and offered to share the refusal letter if they ask for it. I received a pretty generic reply:

Dear X,

Thank you for contacting UK Visas and Immigration International Contact Centre.

With regards to your enquiry, I can confirm your Visa application is awaiting a decision. Filling out the visa application correctly is your responsibility. After biometrics, you won't able to change any information and application will be under processing.

Regards,
Abul
UK Visas and Immigration

So what does this mean? I had requested them to share this info with the concerned ECO. I don't know if they will. But can they still claim deception after I sent an email? If it gets refused, can I say that I tried to disclose my mistake in my administrative review?

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    In Denmark, visa related data is stored in the Schengen-wide VIS database for five years. The authorities in the UK do not have direct access to this data (you can make FOI requests to the UK and Denmark to confirm this). It's good that you sent an email but the chance of a refusal for deception on your current application is close to zero. You should have contacted a professional rather than rely on online advice before sending that email. – uberqe Aug 15 at 17:16
  • @uberqe I did talk to a few solicitors. Almost all of them advised me to send an email describing how I got a refusal. – Aburjwal Aug 15 at 18:00
  • Can you withdraw the application at this point? – Patricia Shanahan Aug 15 at 18:50
  • @uberqe You write above "It's good that you sent an email but the chance of a refusal for deception on your current application is close to zero." This makes no sense: the OP made a significant error. The result won't be a "close to zero" chance of refusal for deception, but instead a "close to unity" chance of refusal. The "close to zero" chance would be for success of the flawed application, not refusal. – DavidSupportsMonica Aug 15 at 21:16
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    @DavidSupportsMonica No. Schengen refusals are only stored for five years. The UK has no direct access to these records anyways. The risk of the decision-maker finding out about the refusal in Denmark is close to zero. You can make FOI requests to Denmark and the UK yourself if you have any questions about what data is shared. It's free. And the authorities are required to provide this information by law. – uberqe Aug 15 at 21:43
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So what does this mean?

They rejected your request to submit more information for your application. Your application will be judged on its merits based on the information submitted at the time biometrics were taken.

I had requested them to share this info with the concerned ECO. I don't know if they will.

They won't, thats quite clear from the answer you received, specifically this line:

After biometrics, you won't able to change any information and application will be under processing.

But can they still claim deception after I sent an email?

Possibly, but the email might be judged to be fair evidence that your mistake was innocent, and it also might not be. No one knows until it's reviewed in an appeal.

If it gets refused, can I say that I tried to disclose my mistake in my administrative review?

You certainly can, but whether it affects any administrative review outcome is not something that can be judged here unfortunately.

Edit to add (based on comment discussions): The OP has two choices here - proceed with the application and hope everything comes out fine in the end, or withdraw the application, amend it and resubmit it.

The merits of each are very different - withdrawing the application, amending it and resubmitting it has the lowest risk (no risk of a rejection because of missing information), but highest immediate cost in that they have to pay the application fees again (as they are withdrawing after biometrics have been taken) and no long term risk.

Proceeding with the application on the other end has a lower immediate cost (they've already paid the application fees for the current application), but higher immediate risk (rejection for missing information) and still higher long term risk and cost (a ban and the cost of mounting an appeal - which is far more than an application fee).

Even if the attempt to supply more information is taken into account during any appeal, there will be a monetary cost attached to that appeal which far exceeds the cost of withdrawing and resubmitting. Even a straight forward appeal can be costly.

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    @Aburjwal I've never heard of this being considered an "innocent mistake". We have all seen many instances of people getting 10 year bans for this. You should withdraw the application immediately. – Michael Hampton Aug 15 at 16:13
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    @MichaelHampton I'll get a 10 year ban for deception despite the fact that I disclosed the necessary information before they made a decision? I read a document on the UK govt website which says that when an ECO claims deception, the burden of proof is on them to prove that the applicant willfully and knowingly hid information. – Aburjwal Aug 15 at 18:02
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    @Aburjwal But you didn't disclose the information! It's not in your application and it is too late to make changes to it. – Michael Hampton Aug 15 at 18:15
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    @Aburjwal You signed the application stating it was truthful. I don't think they need to prove anything else, unfortunately. – mkennedy Aug 15 at 18:33
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    @mkennedy They need to prove that the representation was false AND deception was intended. The guidance is available here: assets.publishing.service.gov.uk/government/uploads/system/… – uberqe Aug 15 at 19:13

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