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In this question a mother has applied for a UK visa for her 12-year-old son. The visa was refused under Section V 3.6, deception.

Normally, a subsequent application will almost certainly be refused under Section V 3.7, and the applicant will be banned for ten years.

If she applies again who will receive the ban? The mother because she's the one who perpetrated the deception, or the son, because he's the passport holder?

What will happen in six years when the son turns eighteen? Will he be banned then? For how long?

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  • 1
    I would assume the fault of the parent is no of consequence to the kid when he/she turns 18 (but we live in strange times)
    – Max
    Aug 29 '20 at 22:56
  • I feel like this might be more suited to the Law SE, as its a question about how the rules and regulations are applied in this situation, but I also think it has value here.
    – Moo
    Aug 29 '20 at 23:22
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Normally, a subsequent application will almost certainly be refused under Section V 3.7, and the applicant will be banned for ten years.

This is correct if you allow that an application by a minor is not "normal." Look at V 3.7:

V 3.7 An application...will be refused if:

(a) the applicant previously breached UK immigration laws as described at V 3.9; and
(b) the application is made within the relevant re-entry ban time period in V 3.10 (which time period is relevant will depend on the manner in which the applicant left the UK).

So we have to look at V 3.9:

V 3.9 An applicant, when aged 18 years or over, ...

We don't have to look any further. V 3.9 does not apply in this case, so V 3.7 does not apply in this case, so there is no ban.

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  • Excellent! Thank you. It seemed contrary to any natural justice that the son should be banned because of the actions of the mother.
    – user105640
    Aug 30 '20 at 3:46
  • 10
    That does not mean that the history will not trigger very careful scrutiny of the application. Aug 30 '20 at 12:52

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