Q&As

Is a previous finding of deception nullified when applying for indefinite leave to remain if the Home Office have in the intervening periods granted leave within the rules, and therefore considering the applicant meets the suitability requirements?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 10/09/2019

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Is a previous finding of deception nullified when applying for indefinite leave to remain if the Home Office have in the intervening periods granted leave within the rules, and therefore considering the applicant meets the suitability requirements?

Is a previous finding of deception nullified when applying for indefinite leave to remain if the Home Office have in the intervening periods granted leave within the rules, and therefore considering the applicant meets the suitability requirements?

The relevant grounds of refusal can be found in Immigration Rules, Part 9. The key extracts relevant to this Q&A are as follows:

‘322. Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused

(2) the making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave or in order to obtain documents from the Secretary of State or a third party required in support of the application for leave to enter or a previous variation of leave.

(2A) the making

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