The effect of non-disclosure?

[Mull]

I was asked by a friend for some advice and not being to able help him, have agreed to help him seek more information on it. As such, a lot of the details are unknown to me.

He is going to submit an application for a new category. The period for the category he was on before is expiring. In his previous application, he did not disclose a criminal record - minor and insignificant, I'm told, but was thinking of disclosing it for the new one.

His concern is that it would be viewed as having submitted fraudulent information on his previous application. Is that punishable or is it insignificant as it is expiring and he is going to get a new one? If it is punishable, what would the penalty be? A fine, or a revocation? Will that affect subsequent applications or will it be treated as distinct to his previous application? Will he be able to submit a new application in the category or will he be barred and is there a route of appeal if he is? Does it make a difference if he submits the new application in person - less thorough checks?

Thanks.

[Casa]

You haven't been able to give sufficient details for anyone to advise on this.
We don't even know the basics...category of current visa..category they're switching to, time in the UK, where the criminal record was obtained....etc. etc.
I'd suggest the person with the problem posts on the forum directly.
The one thing I do know for sure, is that all previous applications are stored on record and accessed in seconds by tapping a few details into the UKBA computer...so no difference between applying by post or in person.

[Mull]

Hi Casa, I'm sorry, I had assumed that there was a general policy on non-disclosure, rather than it being specific to the category.

He's on Tier 4, switching to PSW. The criminal record is in Canada and he's Canadian. But he wouldn't tell me what it is He doesn't think that it's significant enough to affect the new application on its own, or he wouldn't be disclosing it. But if it's linked to the previous one that could be detrimental as he had stated 'No' on it. It's the link between the two that concerns him. Hence, the effect and penalty of non-disclosure, if any.

[Casa]

He should be concerned. If he discloses it now it will be evident he gave a false statement in his previous visa application. It's his call.

[Mull]

Precisely. Presumably it will affect the new one and will not be treated as a separate and distinct matter? Thanks.

[Casa]

It could result in a refusal of the PSW visa and a ban on future applications.
There's a general rule that all questions should be answered truthfully in a visa application. A court prosecution may not result in a refusal or a ban...but withholding information or submitting a false statement will do.
This is the problem your friend is facing now.

[Mull]

Thanks Casa, that helps.

[IMMIGRATION LAWYER]

He may get a refusal for false representation/non-disclosure of a material fact in the past, his current visa may be curtailed and he may be requested to leave the UK. He may be banned from returning to the UK in most of the categories except as a spouse of an EU/ILR/UK citizens.

[Casa]

More or less what I suggested...but explained more professionally

[Mull]

Thanks both, I'll let him know and I think that it could serve as a cautionary tale to others.

There is the off-chance, if the checks aren't that thorough, that the differences might not be noticed!

[Mull]

He may get a refusal for false representation/non-disclosure of a material fact in the past, his current visa may be curtailed and he may be requested to leave the UK. He may be banned from returning to the UK in most of the categories except as a spouse of an EU/ILR/UK citizens.

Jumping ahead, if it does come to that, he would be able to appeal that wouldn't he or are there no grounds for appeal for cases of that nature? On the basis that he had disclosed it, albeit a delayed disclosure and that the information that was withheld was immaterial to the case.

[Kitty]

There is a presumption, I think, that if information is asked for in the application form then it is considered to be "material". IMO it would certainly apply to criminal convictions.

If he plans to