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I made an application for a UK visa for my 72-year-old mother-in-law. The main reason was for her to come and celebrate with us my son's 2nd birthday, since she hasn't ever met the grandchildren. I honestly had no idea of her travel history so I ticked no to the question whether she had ever been refused a visa? After submitting it online, my husband (her son) told me she has been refused a visa twice, before we he had met (in 2011 and 2012).

The application was refused and she was given a 10-year ban. I feel so sorry and sad because I caused this. The old woman had no part in this; she is heartbroken and we don't want to lose her because of this.

Is there any way we can lift the ban and reapply? She keeps saying that if she meets her grandchildren and dies a day after, she will forever rest peacefully.

Traveller
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mandy
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    because she keeps saying if she meets her grandchildren and die a day after she will forever rest peacefully What stops you taking the children to her? – Augustine of Hippo Oct 28 '18 at 10:34
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    What you need is a solicitor. How do I find an immigration lawyer/solicitor to help with my UK Visa application? – Augustine of Hippo Oct 28 '18 at 10:36
  • How long ago were the refusals? Her age might play a factor in helping overturn the ban. –  Oct 28 '18 at 12:15
  • 1st one was in 2011 and 2nd 2012 , recent one was august 2018 . thanks – mandy Oct 28 '18 at 12:41
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    @mandy Did it really not occur to you to ask about your mother-in-law’s travel history, and/or confirm the details with her or your husband before submitting the application? – Traveller Oct 28 '18 at 13:57
  • not at all , because i know she hasnt travel outside Ghana before and i wanted it to be a surprise , so all i did was , gave out the date and time for her to be at the embassy .. i put the blame on me .. i caused all this mess – mandy Oct 28 '18 at 14:05
  • @mandy But she must have had a passport to be able to apply, which is an indicator of having travelled/wanted to travel overseas. You’d have needed to ask for the details as part of completing the application. – Traveller Oct 28 '18 at 14:13
  • i asked her to send me a picture of the page that has all her details in the passport weeks before i started with the application . once again i caused all this , – mandy Oct 28 '18 at 14:23
  • Did she not sign the visa application? If she did, then why did she not verify that what she signed was correct? If she didn't, then she shouldn't be held responsible for your decision to file a fradulent application in someone else's name without their consent. – hmakholm left over Monica Oct 28 '18 at 14:27
  • she did but i had already submitted it online before they( a relative and her ) printed out the application forms and submitted it at the embassy .. a relative has to assist her because she is old ..thanks – mandy Oct 28 '18 at 14:35
  • @Henning Makholm Fraud requires intentional deception. And the OP did have the MIL's consent. According to her, this was an honest mistake. The MIL signed the form in good faith. The OP should should own up to the mistake and explain (with evidence) to the ECM what happened. If she can convince him/her, on a balance of probabilities, the ban might be overturned. –  Oct 28 '18 at 14:36
  • @greatone: It would have been fraud if the OP forged the MIL's signature (the OP implied they were filing the application even without the MIL's knowledge because it was supposed to be a "surprise"). Since the MIL apparently did sign the form, then the "mistake" is on her. – hmakholm left over Monica Oct 28 '18 at 14:38
  • @Henning Makholm That's not how it works. Dishonesty is required [Nigeria (EWCA Civ 773)]. Unfortunately for the OP, the standard of proof for accusations of deception in immigration cases is a balance of probabilities. That means the ECO has to be satisfied that is more likely than not that deception was used by 1) Mandy OR 2) her MIL. Mandy and her MIL can offer an innocent explanation to shift the burden of proof back on the ECO but this must meet a"minimum level of plausibility" [Shen 2014] –  Oct 28 '18 at 14:47
  • @greatone: I have significant trouble believing that the UK would institute a system where someone could unilaterally decide to harm someone else's immigration record by filing a false visa application in their name, without their knowledge or consent, and not have any possibility of recourse for the victim. – hmakholm left over Monica Oct 28 '18 at 14:59
  • @Henning Makholm The rules say that that if deception was used by a third party without the applicant's awareness, the application would still be refused. [Paragraph 320(7a)]. However, subsequent applications would not be refused. It is impossible to make an entire application on behalf of someone without their knowledge because biometrics are required. On the other hand, it is entirely possible for the applicant not be aware of falsifications within. However, in this case, both the OP and MIL claim to be innocent of any intentional deception. They claim it was an honest mistake. –  Oct 28 '18 at 15:07
  • thank you all for the comments .. please what do we do about it now .. ? thanks – mandy Oct 28 '18 at 15:42
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    @mandy I am also originally from Ghana and I understand your plight. Unfortunately your mother in law is not coming to the UK for the next ten years or maybe ever. Forget about it, it’s not happening. Send the child to Ghana so she can see him. Ghana is safe nothing will happen to it. Alternatively spend 5000 or more pounds with a solicitor and almost certainly get the same result, ie no visa. – Augustine of Hippo Oct 28 '18 at 17:38
  • Your MIL is unlikely to get a visa but it's worth a shot. If you can afford a solicitor, consult one. Otherwise, request an ECM review and explain why this was not deception. Don't apologize or accept any wrongdoing that implies you/your MIL lied. Tell the ECM you filled the form and your MIL signed it without verifying what was on it. It was very careless but not dishonest. You might have to send your evidence and explanation via post to the decision making hub. Address it to: The ECM. The worst outcome will be that refusal won't be reversed. It shouldn't take much money to send out a post. –  Oct 28 '18 at 18:16

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Unfortunately, even though you completed the application on your mother-in-law’s behalf she remains responsible for its contents. UKVI views failing to declare previous refusals as deception, which attracts a mandatory refusal https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/673999/GGFR-Section-2-v29.0EXT.PDF Your mother-in-law would be in a position to know that she had two previous refusals, it is not something that one just ‘forgets’. There is little you can do other than get advice from an Immigration lawyer, which is likely to be costly and probably fruitless given her Immigration history. See What can I do to lift a 10 year ban for making a mistake in my UK visa application? and Standard Visitor visa refusal (Deception, V3.6(b)) and procedure for reapplying

Traveller
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  • Actually, the OP's mother in law now has to prove, on a balance of probabilities--meaning more likely than not, that this was an honest mistake. "Forgetting" could work depending on how long ago the previous refusals were considering her advanced age. However, the burden of proof is on her. As in all legal matters it's less about what actually happened and more about what can be proved. It will be difficult. –  Oct 28 '18 at 12:32
  • @greatone Would it be correct to add that, even if the OP’s mother-in-law were able to get the ban lifted, she’d then need to reapply and in doing so address the reason(s) for the original two refusals? – Traveller Oct 28 '18 at 12:49
  • @greatone to whom, exactly, do you propose the OP's mother should now attempt to prove this? I'm not aware of any appeal route associated with a ten-year ban other than judicial review. If you're suggesting she go for JR, then that's fine, but you should be clear with the OP about it. A nebulous ".. now has to prove ..." is unhelpful without a clear statement of the forum in which this might happen. – MadHatter Oct 28 '18 at 13:22
  • A solicitor would be better able to answer. As I understand, the OP's MIL is entitled to ask for an ECM's review and submit new evidence to show this was an honest mistake [Agha[2017] UKUT 121(IAC)]. If they refuse or fail to reply, and there is compelling evidence, a judicial review could be requested. A second application would be appropriate where deception was used but the OP was not aware of it. Here, the OP claims there were no dishonest intentions at all. –  Oct 28 '18 at 13:25
  • @MadHatter The current decision is correct at this time. There doesn't appear to be anything unlawful. However, as I understand, the OP is entitled to submit new evidence and ask for an ECM's review. A judicial review will only be helpful IF the ECM fails to review the new evidence AND explain, based on the rules and facts, why he/she will not overturn the decision. IANAL –  Oct 28 '18 at 13:29
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    If the OP tries to do any of that without qualified legal advice, we should be clear, the odds are very much against them, rectitude of their position notwithstanding. I think we need to be clear to the OP that this is not a route that can be navigated successfully based on random strangers' advice on internet fora, and that a goodly four-figure sum will be required to take it with any likelihood of success. And five figures if they end up going for JR. – MadHatter Oct 28 '18 at 13:32
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    The reality is that her chances are slim and none. Better to be brutally honest with people than give solutions which provide ephemeral hope. – Augustine of Hippo Oct 28 '18 at 13:47
  • @Honorary World Citizen That depends on what evidence she has. On the face of it, yes, her chances are extremely low. But, depending on how old the previous refusals were and considering the MIL's age, an explanation might meet the required standard. In any case, it's better to take a shot than just give up. Asking for a review costs no money. –  Oct 28 '18 at 13:59
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    @greatone Everyone says there were no dishonest intentions after being refused. With two previous refusals already, albeit some years ago, and with what looks like the OP’s minimal knowledge of the process, IMHO it does not seem very likely that the visa would have been granted even if the refusals had been declared. It’s stretching credulity to understand how someone could complete an application on behalf of someone else without at least checking the answers given before submitting. Even more so since the OP’s husband was well aware. – Traveller Oct 28 '18 at 14:03
  • @Traveller That's why I said--it's less about the actual circumstances and more about what can be proved. –  Oct 28 '18 at 14:06
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    I suppose there is something at the end of the forms where you declare that you know all the things that were filled in are the truth? – gnasher729 Oct 28 '18 at 16:08
  • @gnasher729 sometimes people are careless and not dishonest. –  Oct 28 '18 at 18:19