Non-disclosure in UK immigration applications

MANY of the readers may have come across forms that require them to make a disclosure, either confirming the authenticity of the information they have given or disclosing some part of their immigration or life history.

A disclosure is defined by the Cambridge dictionary as, “the act of making something known or the fact that is made known”. Section 10 of the UK Immigration and Asylum Act 1999 provides the power to initiate administrative removal action where evidence suggests that deception was used to obtain either limited or indefinite leave. Consequently, where a person has failed to disclose relevant facts or has made false representations in order to obtain leave, consideration may be given to curtailing any subsisting leave.

My task here is to identify most of the immigration forms that readers of this article may come face to face with and to suggest how best to tackle seemingly harmless questions that the UK Border Agency put forward but that would ultimately lead to either a refusal or curtailment of existing leave to remain.

Take for instance the following forms:

• Form AN- Naturalisation as a British Citizen

 It has section 3 headed: Good Character Requirement and asks under 3.6, “Do you have any criminal convictions in the UK or in any other country. (Including traffic offenses or any civil judgements made against you?”

• Form Tier 1 (General) Migrant – For applications made inside the UK

 Within Section 2; it deals with Personal History (criminal convictions, war crimes, etc) and under E1 asks, “Has the applicant had any criminal convictions in the United Kingdom or any other country (including traffic offenses) or any civil judgements made against them?”

• Form Tier 1 (Post-Study Work) Migrant; under Sec 2 paragraph E1; provides similar provisions as the Form Tier (General) Migrant discussed above.

• Form Tier 4 (General ) Student Migrant has also under paragraph E1; a similar provision under the heading, Personal History(Criminal convictions, war crimes, etc)

• Form SET (O) application for indefinite leave to remain for work permit holders and other categories listed there, has a similar provision under Section 7 paragraph 7.1.

• Form SET (F) for Indefinite Leave to Remain as s child under the age of 18 or dependent relative of a person present and settled in the United Kingdom, has a similar provision under Section 6 paragraph 6.1.

• Form FLM (O) for application for an extension of stay in the United Kingdom in one of the employment or other categories listed in the form, has a similar provision under Section 6 paragraph 6.1.

• Form FLR (M) application for an extension of stay as a spouse or partner of someone present and settled in the UK, has a similar provision under Section 8 paragraph 8.1.

What I would like readers of this article to appreciate is that it does not necessarily mean that if you do have criminal convictions or civil judgements against you, you will be refused or that your leave will be curtailed on that account alone. However, what one can safely deduce from the wording of the questions is that, non-disclosure may in certain circumstances lead to an adverse inference being drawn against you.

In such circumstances, it would appear that a full disclosure is advisable. You will note that the questions go on to specifically highlight that; (including traffic offences). I take notice of the fact that there may be a few amongst us, who may have fallen into the trap of not disclosing traffic offences, either knowingly or inadvertently.

I would suggest that, in order to avoid being taken as having concealed vital information, one discloses those traffic offences. Disclosure is not an end in itself; as readers will be aware that on the same forms, the following guidance appears; “If you have answered yes above, give details below for each criminal conviction and/civil judgement …”

What happens then is that the UK Border Agency would carry out an assessment of your offence or civil judgement as the case may be and determine how it impacts on the immigration category you are applying under. Invariably, where a full disclosure has been made the UK Border Agency will view that differently from a situation where it appears to have found out of the conviction or civil judgement through its own efforts.

However, I must hasten also to advise that one only has to disclose actual criminal convictions and civil judgements as opposed to mere cautions from the police and letters of demand from solicitors or creditors. A criminal conviction follows after being found guilty in a criminal court and similarly a civil judgement follows after being found liable in a civil court.

I am certain that some readers may have come across the forms I have discussed in this article and must have debated as to what to and what not to disclose in making their applications. Hopefully, you will now be able to complete these forms from an informed position, appreciating as you ought to do, the consequences for non-disclosure.

George Tizirai-Chapwanya, BL (Hons) LLB LLM is a Solicitor with Bake & Co Solicitors. He can be contacted on gtchapwanya@bakesolicitors.co.uk or visit Bake & Co Solicitors’ website at www.bakesolicitors.co.uk; 0121 616 5025 or 07815958475

Disclaimer: This article only provides general information on immigration law. It is not intended to replace the advice or services of a Solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of use of this information