UK Visa Refusal on General Grounds - Criminal Certificate Tier 1 (Investor) and (Entrepreneur)

UK Visa Refusal on General Grounds - Criminal Certificate Tier 1 (Investor) and (Entrepreneur)

General Grounds for Refusal - Criminal certificate: Tier 1 (Investor) and (Entrepreneur)

This relates to the consideration when an applicant who is applying for entry clearance is required to provide an overseas criminal record certificate.

From 1 September 2015, Tier 1 (Entrepreneur) and Tier 1 (Investor) entry clearance applicants and their adult dependant or dependants (over 18 years old) must provide an overseas criminal record certificate for any country they have resided in continuously for 12 months or more, in the last 10 years before their application.

Any applicant who fails to provide the required certificate or certificates will fall for refusal under paragraph 320 (2A) unless they are either aged 17 or under or it is not reasonably practicable for the applicant to obtain such evidence from the relevant authorities. Applicants must provide:

• the original certificate, for each country (excluding the UK) where they have resided continuously for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority
• if the certificate is not in English, a translated copy of certificate, in line with the requirements 

Certificates will only be considered valid if have been issued within 6 months of the visa application or within the expressed validity period of the document, whichever is the shorter. The original certificates are retained by the UK Immigration Authorities in line with retention periods, in most cases at least 2 years. Certificates are not returned to the applicants.

Any offences outlined on the certificate will be subject to the existing criminality thresholds within the General Grounds for Refusal (320 2, 18A, 18B).

Where there is a discrepancy between the information provided by the applicant in the visa application form, information on the certificate, criminal record checks and/or open source (such as media reporting) an explanation is requested from the applicant through an interview. There may be good reasons for the discrepancy, for example, certificates may not detail ‘spent’ convictions according a particular country’s rehabilitation legislation, however where information about offences is available, either from the application form or other sources, it must be considered as part of usual decision making.

Consideration of ‘reasonably practicable’ and exceptions - UK Visa Refusal Tier-1 on General Grounds

Where applicants are unable to obtain certificates they must:

• provide a letter which details their attempts to obtain a certificate and confirms why this has not been possible
• submit this letter with the other supporting documents when they apply

Explanation against the situation in any of those countries must be considered and the Home Office guidance needs to be checked so as to establish if the country has a process for issuing certificates, there is more information on this in Home Office Overseas Criminal Record Certificate guidance.

If an applicant has previously resided in a country for 12 months or more, but is no longer resident, be aware that many agents operate a service to obtain certificates on behalf of their clients.

If it is concluded that it is possible for the applicant to obtain a certificate and they have failed to do so, the application must be refused under paragraph 320 (2A) of the Immigration Rules. An Entry Clearance Manager must review these decisions.

Where an ECO is satisfied that it is not reasonably practicable to expect an applicant to provide one or more certificates and intend to issue entry clearance, an Operations Manager or above must review the decision to waive the certificate requirement.

Missing certificates - UK Visa Refusal Tier-1 on General Grounds

The information that the applicant provides must be checked about the countries they have resided in for over 10 years to make sure they have provided the correct certificates.

If the applicant has provided some, but not all, of the required certificates, and this is the only issue preventing the application from being granted, then an applicant is advised through an email that they have 7 working days to provide the remaining certificates and that their application will be refused if they fail to do so.

Verification - UK Visa Refusal Tier-1 on General Grounds

Certificates must be genuine documents issued by the official authorities. Checks can be undertaken to make sure documents are genuine and correctly issued to the applicant or adult dependant.

Refusing on the grounds of a false or fraudulently obtained document - UK Visa Refusal Tier-1 on General Grounds

A document verification report (DVR) or document examination report (DER) will be required to ascertain to a balance of probabilities that a false document has been obtained, or a genuine document has been altered and used for the application. There is more information on this in Document examination (DER) and verification reports (DVR).

If an applicant provides a false or fraudulently obtained document, independently verified through a DVR or DER, then the application must be refused under both 320 (7A) for providing false documents and 320 (2A) for failing to provide overseas criminal record certificate as required.

Pending prosecutions - UK Visa Refusal Tier-1 on General Grounds

If a certificate and/or information provided within the VAF outlines that an applicant has been arrested and charged (or any equivalent) but awaiting prosecution or a court hearing, their application must be put on holding pending the outcome of proceedings.

To know more visit: Expert Advice - UK Visa & Immigration Karachi & London

For Case Specific Advice with prior Appointment in Karachi and London

Suite # 321, 3rd Floor Clifton Center Karachi, 021-35300271-3

1 Red Lion Court, LONDON, UK, EC4A 3EB, +44-203-627-4441

www.silverliningconsultants.net

Please Note: General Information Seeking Inquiries are not entertained