It is important to provide correct and comprehensive information to the Home Office when making a UK application, it will avoid delays or visa refusal.
If you discover that you have provided incorrect information on your visa application, you must take the appropriate steps to correct it.
Common Application Mistakes
Common mistakes when filling out a UK visa application can range from simple spelling errors or typos to intentional mistakes in an attempt to fraudulently obtain a visa for an unqualified applicant. Examples of errors that could be construed as intentional misleading include failing to disclose a criminal conviction, such as when an applicant states that they have no criminal record but in fact, have a driving conviction. It could also include situations in which the applicant selects "no" when asked if they have been previously refused a visa.
When evidence submitted in support of a visa application contradicts the information listed on the application form, this could also be a potentially misleading error.
The Impact of Mistakes When Applying for a UK Visa
If you submit an application for a visa with incorrect information, this may result in either the erroneous refusal of the application or the erroneous issue of a visa.
Wrongful refusal of visa application
The caseworker will not outright refuse the application on the basis of immaterial mistakes, or insignificant errors, such as typographical errors. On the application, the applicant may have provided an incorrect postal code or misspelled their name, for example. However, the visa application may be refused if the applicant claims a yearly income of £50,000 but provides evidence of only £5,000 in income. This means that the application may be refused if the submitted evidence indicates that the applicant does not meet the required income threshold.
If the visa application is refused due to a mistake, the applicant can apply for an administrative review for a fee of £80. An application for administrative review must be submitted within 10 days (28 days of entry clearance) of receiving the refusal. It may take up to six months or longer to receive the result of the review, and even if the error was unintentional, there is no assurance that the outcome will necessarily be favorable. In this case, the applicant may need to reapply for the visa.
Wrong Visa issue
If a visa application is approved based on an error that was not discovered at the time the decision was made by the Home Office, the applicant is obligated to report the error to the Home Office once they find it.
In some cases, any error, whether benign or not, may result in the cancellation of a visa, particularly if the information was crucial to the decision to grant leave. However, if the Home Office later finds the error and the visa holder does not report it, this is more likely to result in a finding of deliberate deception.
Lying on the visa application
The consequences of lying on the visa application can be very serious. It is far more likely that the visa application will be refused or that immigration will interpret the matter as a deliberate attempt to defraud, resulting in the cancellation of a previously granted visa.
The term "deception" is no longer defined precisely in UK immigration law. However, even insignificant information may include false representations or documents, silence, or the failure to disclose material facts. If the caseworker deems it as a "deception," they will consider the visa applicant to have clearly breached UK immigration law.
If it was found to have committed fraud, the visa will be automatically refused or revoked. In addition, the applicant may be prohibited from entry or re-entry into the United Kingdom for up to ten years. The visa application may be refused on grounds of suitability even if they were unaware of any error, or if a third party made false representations on their behalf. Similarly, if their visa has already been granted, they may be refused entry to the United Kingdom, detained, and deported by border officials.
In all cases, but particularly when officials interpret an error as a deliberate attempt to mislead or deceive, it will be exceedingly difficult to apply for a visa in the future. Even after any ban is lifted, it is highly likely that a subsequent application will be refused due to the adverse immigration history.
How to Correct UK Visa Application Mistakes
If you have already submitted your visa application and realize that a mistake has been made, you should contact the UKVI (United Kingdom Visa and Immigration, the division responsible for making visa decisions). You can contact them by online or by phone. How mistakes are addressed depends on the nature of those errors. If it is a simple error, for example, a typographical error, you may request a correction by contacting UKVI. In Contrast, if there was a fundamental mistake in your visa application, you may need to request UKVI to cancel your visa application and reapply.
It is important to note that, while a visa application may result in a refusal by mistake, this is not always the case. If UKVI is informed of an error and it is evident that it is an error, it is more likely to be interpreted as innocent.
Prior to addressing any errors in a UK visa application, applicants are strongly advised to seek legal advice. This is because it is essential to know how to approach the problem most effectively and to comprehend the potential outcomes of this approach. In some cases, you may be advised to completely withdraw your visa application; however, your application fee will only be refunded if UKVI is yet to start processing your case. In other circumstances, a well-written cover letter to the Home Office can frequently assist in preventing any potential allegations of deception and clarifying any misunderstandings.
Request to cancel visa application to UKVI
If you find material errors that cannot be rectified, you may ask UKVI to cancel or withdraw your application. You may then reapply and, after ensuring there are no errors, resubmit your application. The cancellation procedure and refund deadline for visa applications are contingent on the type of visa requested and whether the biometric registration has been done.
If you have been asked to register your biometric information but have not yet done so, you can withdraw your visa application online and receive a refund. To withdraw your application if you have applied inside the UK, you must complete an online form. If you have applied from outside the UK, you will need to sign in to your UKVI account via the link from your sign-up email. If you have already registered your biometric information, you can withdraw your application; however, the fee is generally non-refundable.
If you are eligible for a refund of your application fee, it will be automatically paid into the bank account you used to pay the fee when you submitted your application. Up to 28 days may be required. Once UKVI has received a request to withdraw an application, the request cannot be retracted. It is crucial to note that if you are staying in the United Kingdom, your permission to stay may be cancelled.
If you have submitted your visa application, found a mistake, and need expert legal assistance, please leave a message or call 020 3865 6219.