Genuineness and Deception in Skilled Worker visa applications
Genuineness
The immigration rules have specific clauses that deny applicants the visa if they are not found (by the decision maker) to be a genuine candidate.
The Home Office have quite broad discretion in this area.
SW 5.5. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do:
(a) does not exist; or
(b) is a sham; or
(c) has been created mainly so the applicant can apply for entry clearance or permission to stay.
SW 6.3. […] the decision maker may, in particular, consider:
(a) whether the sponsor has shown a genuine need for the job as described; and
(b) whether the applicant has the appropriate skills, qualifications and experience needed to do the job as described; and
(c) the sponsor’s history of compliance with the immigration system including, but not limited to, paying its sponsored workers appropriately; and
(d) any additional information from the sponsor.
Normally if the Home Office has doubts, they ask for further information or interview you or your sponsor. Your original application, plus your interview answers and any evidence supplied would determine if the Office will grant or refuse the application.
If you have previously been refused on genuineness your application will likely be considered complex if you reapply. If you are making an identical application (having been refused on genuineness grounds) it is unlikely that the Home Office would change their mind the second time around.
Deception
If you use false documents or provide false information on your application, you might face a refusal on the grounds of deception. Deception is also a ground for refusal if you fail to disclose information on your application.
The immigration rules have specific clauses that require an application to be refused if deception is used.
False representations, etc. grounds
9.7.1. An application for entry clearance, permission to enter or permission to stay may be refused where, in relation to the application, or in order to obtain documents from the Secretary of State or a third party provided in support of the application:
(a) false representations are made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) relevant facts are not disclosed.
9.7.2. An application for entry clearance, permission to enter or permission to stay must be refused where the decision maker can prove that it is more likely than not the applicant used deception in the application.
Furthermore a 10 year ban must be imposed on future entry clearance applications if deception has been used in an application. The 10 year period runs from the date of the refusal.
If you do not disclose your full immigration history (previous refusals) where asked on your skilled worker visa application form this could be labelled deception.
If an unscrupulous person gives you a fake Certificate of Sponsorship, you could be the one penalised with a refusal on the grounds of deception.
If you used a different name in the past, but did not mention it on the application when asked, this could be a ground for deception.
You would normally need to apply for an administrative review to challenge the decision, if you made an innocent error. The Home Office may uphold the decision, overturn the decision, or, if you were given a ban, they might uphold the decision but lift the ban.
If you provided false information or documents it is likely that your application will be considered complex if you reapply. If a ban is in place, you will almost certainly be refused a visa.
Here are THREE questions YOU should ask before you apply for your skilled worker visa.
Genuineness and Deception.
- Will I fail the “genuineness test” for skilled workers?
- Will my refusal attract a ban?
- How can I challenge a refusal based on deception or genuineness?
For all of your questions, seek expert assistance from an immigration lawyer.
- Follow A Y & J Solicitors to stay up-to-date with key changes.
- Contact A Y & J Solicitors for assistance and support.
Apply for your skilled worker visa
Skilled Worker applications fall within the UK’s points-based system.
Theoretically, if the person scores sufficient ‘points’ for their visa (70), this should be approved.
Points must be scored for having a Certificate of Sponsorship, meeting the English requirement and proving that you have sufficient funds to move to the UK (or that your sponsor is willing to cover your initial costs (‘certify maintenance’)).
The Home Office have the discretion to refuse an application that does not appear genuine, for example where the applicant appears underqualified for the role or the job does not look credible bearing in mind the size/scale of the sponsoring business.
If you use false documents, false information, or withhold information, not only would the application be refused on the grounds of deception, but you would also be issued with a 10-year ban on reapplying for UK entry clearance.
With the immigration rules getting ever tighter, it’s more important than ever to understand what genuineness means and when and where you might unexpectedly fall foul of the ‘deception’ ground for refusal.
If you want reassurance that you are presenting the best possible case for yourself or that your employee is properly supported with their visa application, seek advice from a regulated immigration lawyer, who would be best placed to advise and assist.
