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My girl friend's UK visitor visa was previously refused due to "false representation".

In the new application form, apart from supplying the reference number of the previous rejection, there is a section for us to put additional information.

My question is:

Is it appropriate to briefly explain in this section that we misunderstood some terms about the previous visa application, which leaded to false representation?

e.g.

Unfortunately we didn't know much about visitor visa rules at the time, so we made several naive mistakes:

  • The visa said she could stay in the UK for 180 days, so we adjusted the plans based on the visa for her to stay longer
  • ...

The reasons were genuine, I'm wondering if they help to show our attitude and provide positive contribution to the application, or they are completely unnecessary.

I'm looking for official documented guidance about what's expected to be put into an application form to explain any previous rejection. If someone with lawyer background could state their view point, that would also be appreciated. Thanks a lot.

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    Are we talking about this one? travel.stackexchange.com/questions/74772/… – Gayot Fow Sep 18 '16 at 18:10
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    In circumstances like this, the best thing to do is to instruct a UK immigration adviser to handle the case. But you both still need to decide whether she is to visit the UK or settle in the UK. – Michael Hampton Sep 18 '16 at 18:27
  • @GayotFow yes. It's the same case. I'm now researching for appropriate actions because I really don't want to upset immigration officers again :( – Max Sep 18 '16 at 18:35
  • @MichaelHampton The trouble is, she can only apply the visa outside of UK so it's a bit tougher to find someone creditable to help us. But I'll find one in the UK to consult first. Thanks. – Max Sep 18 '16 at 18:45
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The removal notice is here...

After my girlfriend's visa being cancelled at UK border, will her UK visa application be banned?

To start, let's get the terminology right. Your gf was not 'rejected' she was 'removed' from the UK because she made false representations when she applied for a visa. The removal notice indicates that the IO initially got upset because your gf was playing cat-and-mouse about having a bf in the UK and this led to a secondary level of questioning.

She wrote on the application that she contemplated a short visit to see family and friends. That's fine. Then she changed it to 4 months and got bounced. You propose to paint this incident as an innocent mistake arising from her understanding of the rules. Bzzzt. Wrong. That would be an even bigger mistake, here's why...

At the application stage your gf portrayed herself as a standard visitor; she went as far as to fabricate an existing family in the UK. She succeeded in painting them a picture and they accepted her premise for a short visit. The picture was the type of person who can make visits to the UK within the confines of their lifestyle and their ties to their home country. A person who wants to make a visit for 4 months clearly does not have the same lifestyle and home country ties as a person who wants to come for 14 days. Both types can easily qualify as long as they present a credible premise.

When she landed, she adopted a different profile, the profile of a person who stays for a long time.

This is not to say that the length of one's visit is seen more positively if they write down a very short period of time. It means the visit itinerary, lifestyle, duration, ties, and so on need to fit into one sensible package, or else it risks being 'incoherent'. Your gf depicted herself as a standard visitor, but her real agenda was to take up a trial relationship with you. Why didn't she come out and say it?

I fell in love with this guy and we want to have a trial relationship within the confines and stipulations of Appendix v of the rules (I have a print-out of Appendix V right here). We do not intend to establish a permanent household. We believe a maximum of four months is a reasonable amount of time for a trial relationship (given that it may end earlier). In all events I will return to XXXX well before any performance issues arise.

Instead she played cat-and-mouse with the IO (that's a very bad thing, I cannot stress enough what a horrible strategy that is) and they ultimately bounced her. A fair catch based on the available info.

It's very difficult for visa officials to believe this was an innocent mistake. People with ties to their home country cannot extend their visit 8-fold on a whim, instead they have commitments and a lifestyle that requires them to return as originally planned. It's also generally true that genuine hosts in the UK do not just extend their offer by 8-fold also because it means they are going from having a guest to having a lodger. Because of these things, they are more likely to believe that she had previously arranged with you to stay for a long time.

TL;DR

You need to think up some other reason than putting it all down to an innocent mistake. Regardless of the circumstances, in their eyes it will be an attempt to cover up a lie with yet another lie.

User Michael Hampton (to whom thanks) has pointed out in comments that you should consider instructing a professional to craft an explanation that the visa officers will find satisfactory. You can use ILPA to search and send a few choices a print-out of this answer and your earlier answer for background. She does not qualify for legal aid and you/she should understand that this type of service attracts a fee.



Random Notes:

  • Starting this year and in concert with the UK exit controls bedded down, they are actually starting to refuse entry clearance applications where the person stayed significantly longer than they said. This site has not yet had a refusal on those grounds, but I have the refusal formulae and practitioners are seeing them.
  • British Immigration Officers are not stupid; they know cat-and-mouse games when they see it happening. Unless you are somebody like Saul Goodman, the best option is to play it straight up with candour and transparency.

  • So why is the Standard Visitor Visa good for 6 months if using that amount of time will raise eyebrows? In the OP's case it's not about the 6 months, it's about what she wrote down on the form and the picture she painted for them. All the rest is a different question. Indeed, a fair question, but a different question.

  • This answer seems to indicate that it's against the rules to have a change of circumstances and stay longer than what was intended. Is it against the rules? No. It's against the rules to make false representations.

  • From user pnuts: "I'm looking for official documented guidance about what's expected to be put into an application form to explain any previous rejection." The form comes with instructions and if a specific area is not in the instructions, a person is supposed to use the natural meaning of the words and answer the questions honestly. Outside of that "guidance" there is no 'official documented guidance'. There is an abundance of stuff about it, but it's behind paywalls, or in references like "Macdonalds".

  • I can't appreciate more. (I already thank you a thousand times for helping people like me). I'll seek for legal advice as what you and Michael Hampton pointed out. By the way, did you mean ILPA when you said "This site has not yet had a refusal on those grounds"? – Max Sep 18 '16 at 21:42
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    @Max I mean this site, TSE. ILPA on the other hand has lots. – Gayot Fow Sep 18 '16 at 21:44
  • Wow! "We want to ... within the confines and stipulations of Appendix v of the rules (I have a print-out of Appendix V right here)" is the exact type of example statement I'm looking for!!! – Max Sep 19 '16 at 19:25
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First of all, you need to recognise that you are facing a significant additional barrier in obtaining the visa. Misrepresentation is a serious problem because it undermines everything you say.

Then you need to establish whether there is an exclusion applied. The UK regularly excludes people for 10 years for misrepresentation on visa applications.

If you do make a new application, On the visa application you will need to present very clearly how the confusion arose on the previous application. The person processing the new visa will need to be 100% convinced, with no doubt what so ever, that it was confusion and not an attempt to present false information.

  • @MichaelShaw "The person processing the new visa will need to be 100% convinced, with no doubt what so ever" helps me to evaluate information I would present in the future. Thanks. I'll consult advisers as other kind people suggested. – Max Sep 18 '16 at 22:08
  • Having read the now linked question, which had a lot more details, any evidence that you can attach to show plans changed AFTER the visa was issued - e.g. Text messages / emails discussing that she could stay for longer will help. The more independent evidence the better. – Michael Shaw Sep 18 '16 at 22:31
  • @MichaelShaw There will still be the problem that her original claimed plan included visiting non-existent family in the UK, unless she can show family members who were there at the time of the visa application. – Patricia Shanahan Sep 18 '16 at 22:41
  • @PatriciaShanahan Thanks. My girlfriend asked some travel agency to help for the visa application. They filled the form and translated the covering letters with poor English. "Visiting family and friends" was written as the main reason for the visa while the application form didn't supply any family member. We kept referring visitor visa as "family and friends visa", which I believe is why how it's written. My girlfriend checked the form at the time in a hurry, she was under time pressure as the travel agency urged her to sign it due to visa appointment :( – Max Sep 19 '16 at 7:26
  • @MichaelShaw We discussed in video calls so there was no written record. We were completely unaware of travel visa laws. I felt so guilty that I didn't research in great details. I didn't know what can and can't do are available on UKBA website, so I asked my gf to get advice from people who deal with travelling visas a lot (travel agencies). Unfortunately, they were not certified advisors but at the time we didn't know who else to ask. – Max Sep 19 '16 at 7:40

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