Key implications of deception by omission
Produced in partnership with Kathryn Bradbury of Payne Hicks Beach

The following Immigration practice note produced in partnership with Kathryn Bradbury of Payne Hicks Beach provides comprehensive and up to date legal information covering:

  • Key implications of deception by omission
  • Deception by omission in an application for entry clearance, leave to enter or leave to remain
  • Implications on that application
  • Where that application is granted: implications where deception discovered prior to submission of the next application
  • Implications on subsequent applications
  • Deception by omission where person has leave but fails to disclose a material fact under examination by an immigration officer on entry
  • Implications if discovered prior to the next application
  • Implications for the next application

Key implications of deception by omission

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

This Practice Note sets out, in tabular format, the key possible consequences of deception by omission which are provided for in the general grounds for refusal or suitability requirements in the Immigration Rules, and by statute. It covers deception by omission both in an application for entry clearance, leave to enter or leave to remain; and where a person has leave but fails to disclose a material fact (eg a change of circumstances/purpose) under examination by an Immigration Officer on entry. It should be read in conjunction with the Practice Note: Duty of disclosure in immigration applications and interviews. Please note that

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