US citizen applying for Tier 4 visa with a civil record for using false ID

Hi,

I got my CAS to apply for a Tier 4 Student Visa at a 1 year masters program in London. I was really excited to go until I got to super specific questions about any misdoings in my past on the UK Visa app. In 2015 when I was 20 I was caught with a fake ID in the USA (my home country) and charged a $200 fine and it went on my civil record for "use of a false ID as a minor." It wasn't a crime and I have no criminal record. I definitely learned my lesson. We all make dumb choices when we're young It was a long time ago but now a solicitor at the university in London is scaring me with emails saying I might have my visa refused by the UK government because of this... I have no criminal record and was even granted a visa to study in Spain where I lived for 6 months two years ago without issue. It seems surreal that this could decide my fate. I'm an excellent student and otherwise have lots of character references to back me up.

Does anyone have any experience with this? It feels like my whole life is in limbo. I haven't applied for my visa yet but am planning to next week. Anyone who can offer peace of mind? I'd rather know one way or another even if the answer is that I'm screwed.

--Just a terrified 23 year old woman now whose dream was to study in London

goldsmiths123 wrote: ↑

Thu Jul 12, 2018 9:26 pm

We all make dumb choices when we're young It was a long time ago but now a solicitor at the university in London is scaring me with emails saying I might have my visa refused by the UK government because of this...

When you say "a solicitor at the university" has told you this, do you mean a staff member at the university, or a lawyer with no connection to the university? If the former, it seems odd that having decided to sponsor you for a visa by issuing a CAS, presumably having known all the facts, someone at the university would now say that a visa application using that CAS may not be successful anyway.

Which paragraph of the immigration rules has this person said could cause a problem for your application? Paragraph 320 lists the General Grounds for Refusal, which include when a visa must or can be refused based on an applicant's previous behaviour, but I cannot see that you would fall foul of any of them. See https://www.gov.uk/guidance/immigration ... or-refusal

Paragraph 320(2) is clear that only offences that led to a recent prison sentence trigger a mandatory refusal. And paragraph 320(18A) is clear that only non-custodial offences in the last 12 months can trigger a discretionary refusal. Neither of those apply to you.

There is a catch-all paragraph under which an application of an "undesirable" can be refused at the entry clearance officer's discretion, but the person who has emailed you cannot seriously think this is relevant to you for using a fake ID:

(19) The immigration officer deems the exclusion of the person from the United Kingdom to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2)), character, associations, or other reasons, make it undesirable to grant them leave to enter.

Maybe I have missed something, or there is something else going on here, but I advise check the emails for more detail about which part of the General Grounds for Refusal they think could be a problem for you. Honestly i cannot see where the problem would come.

If they have not been specific, I advise you to ask them urgently for more detail. If, as I fear may be the case, the person has just thrown out a bombshell suggesting vaguely that you might have a problem, that is really not good enough. It is neither fair nor ethical nor professional to frighten you like this. If that is what has happened, and they do not follow it up with more specific advice (citing the immigration rules like I have done above), you should make a complaint.

It was a university solicitor. She says my CAS is still valid and to go ahead and apply but disclose all relevant facts about my civil fine. I think she may have been irritated that I forgot to inform the university that I had something on my civil record before they issued my CAS. I honestly had forgotten that this incident had even occurred and my memory was jogged when starting my application to the UK Tier 4 visa.

The ID I attempted to use one time 3 years ago was false and stated that I was of legal drinking age in the US (21) when I had only just turned 20. Obviously I was in the wrong and have never regretted any decision more in my life. I was fined $200 plus surcharges and it was placed on my civil record.

I want to be as honest as I can when filling out my application and the only other mark on my record is that I once received a speeding ticket in the US over a year ago.

Of course if the UK deems me to be undesirable based on these facts it could be a problem which is I think what the university solicitor was implying although her language struck me as frightening. She said to apply but to be aware that I may be refused a visa.