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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6534
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I was alleged of using Deception in my application for

Customer Question

Hi,

I was alleged of using Deception in my application for a PSW visa in January 2009(for Using a false document in my application).Nte:- I am not convicted of this.

I had still a couple of years Visa left at that time and UkBA didn't cancel that and asked me to regularise my self or leave the country with in two years.

Later on I got married to a british citizen in Feb 2010 and now I have a two years daughter as well.

I applied for a spouse visa and was granted that.

after two years I applied for an Indefinite leave and was granted that as well.

Now, I want to apply for my naturalisation but there is a section in this application for a good Character where I have to mention things like this as well.

If I declare this, which I think I have to declare. what do you think could be the possible outcome of my application.

Does things like this ever goes off the record?

Whats your expert opinion, that what should I do?

look forward to hearing from you soon.

Thanks
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Can you describe what it was which led to deception being alleged please?

Tom
Customer: replied 1 year ago.

Thanks Tom,

It was a certificate from a college called Cambridge college London(it was a very famous case back then) that was found to be Fake. Although I do not agree to that but I was not give a right to appeal against their decision!

hope it helps.


Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think that it would still be worth applying for naturalisation at the present time. You state that you have not been convicted of a crime and therefore there is no spent period applicable in terms of being able to apply.

Ultimately, the allegation of deception is not something that is going to “go away” a couple of years down the line. Your chances are the same now as they ever will be.

Ultimately you can answer now to the majority of the questions on the section of Form AN which relate to good character.

However, in your covering letter I would disclose and mitigate the allegation and explain why you have answered “no” to the questions on good character the form. This is important because the UKBA could conceivably again allege deception if you did not disclose the earlier allegation which would only compound your problems.

Provided you are able to mitigate the earlier incident by confirming that even if the certificate was not legitimate then this is the sole fault of the college (if it was) and you had no way of knowing otherwise.

I expect that if this is the only issue that you should still be successful subject to the eligibility criteria and what has been stated above.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
Thanks Tom,

The Fact that I am not convicted of any offence in my whole life. Working full time as an IT Consultant and paying TAX and National Insurances on time. I have established a family here and proven myself since a person of good character at work and community.

lets say, they don't agree to the reason I provide for that alleged deception, what's the worse that can happen and what I can do against it?

Also do you believe I should answer 'No' to the question below?

hopefully the last question.

Thanks,

Expert:  Thomas replied 1 year ago.
Hi,

The worst would be that you are refused naturalisation.

The take good character in to consideration when you apply for ILR and you have that so they will very likely give you naturalisation as well..

I don't know what you mean by "Also do you believe I should answer 'No' to the question below?"..

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.
Sorry I meant by the question below was this question in the application form:

3.16 Have you ever engaged in any other activities which might indicate that you may not be considered a person of
good character?

Also I have never declared this allegation before as I believe they have never asked for this in the ILR application or any other?

Regards,

Qasim

Expert:  Thomas replied 1 year ago.
Qasim,

I would tick "No" and then write next to it "PLease refer to covering letter" and explain there.

Please rate my answer,

Tom
Thomas, Solicitor
Satisfied Customers: 6534
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Tom,


 


Just a quick question.


 


I have just noticed that the same question is asked in ILR application forms but I have answered no to them?


 


should I be worried about that? as there was no guidance in regards to that in the application guide!


 


Many thanks,


 


Qasim

Expert:  Thomas replied 1 year ago.
Hi

I will answer in am hour..

Tom
Customer: replied 1 year ago.


Hi Tom,


 


Hope you have had a good bank holiday weekend.


 


Apologies for keep bothering you. Actually, I forgot to ask you a question the other day.


 


The refusal letter that was given to me when my application was refused stated that:


 


I should Leave the Country with in two years on my own expense and my application for entry clearance would be refused for one year.


 


and If they had to deport me then my applications will be refused for ten years.


 


in another paragraph it is said that:


 


you have extant leave in UK until 15 December 2010. before the expiry of this leave you should either regularise your stay here or leave the UK on your own expense. If we have to remove you, any application for entry clearance or leave to enter that you make will be refused under the immigration rules for at least ten years.


 


So my questions is that as I regularised my self instead of leaving which ban applies to me?


 


 


look forward to hearing from you soon.


 


Thanks,


 

Expert:  Thomas replied 1 year ago.
Hi

I would say that if you received that in 2009 and have since obtained another visa and then ILR then the reference to the ban is not relevant. This is because you appear to have regularised your stay in the UK and so the ban did not come in to effect.

Tom
Customer: replied 1 year ago.

Hi Tom,


 


Hope you are well.


 


I have just realised have never an answer from you for the following question I asked previously:


 


i Tom,


 


 


 


Just a quick question.


 


 


 


I have just noticed that the same question is asked in ILR application forms but I have answered no to them?


 


 


 


should I be worried about that? as there was no guidance in regards to that in the application guide!


 


I look forward to hearing from you soon.


 


Many thanks,


 

Expert:  Thomas replied 1 year ago.
Hi,

I will only be able to answer tomorrow morning I'm afraid

Tom
Customer: replied 1 year ago.


Hi Tom,


 


Wondering if you could help me with the above un answered questions please? as its really buzzing me?


 


I hope to hear from you soon.


 


 


Many thanks,

Expert:  Thomas replied 1 year ago.
Hi,

I will answer at 10am

Tom
Customer: replied 1 year ago.

Hi Tom,


 


I will really appreciate it if you could answer the following question as soon as possible?


 


I have not mentioned that deception allegation in my application for spouse visa and ILR as i was advised by some caseworkers.


 


Have I done a right thing? legally, Is this something I should be worrying for as well?


 


I look forward to hearing from you soon.


 


 


Many thanks,

Expert:  Thomas replied 1 year ago.
I will clarify shoirtly
Expert:  Thomas replied 1 year ago.
Hi

You should not be worried. There is no chance that you will be subject to removal directions now that you have ILR.

The fact that you did not answer the question for ILR in the same way that you did now will be okay, you will just have to explain your change in the way you have interpreted the questiosn.


Tom

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