Partner Visa Refused Under Paragraph SW 27.1

[sassybee]

Dear All,

My cousin has been refused a partner visa based on the following. I need advice please.

Background Situation
He lives in a country where they pay money to local immigration agents to process visa. While he was filling form he mentioned using an agent to apply for visa but was unsure as the agent returned his passport without a stamped visa or a refusal letter.

It is not an uncommon thing in the country for immigration agents to scam people. Hence he assumed he was scammed as they was not letter from the agent stating reason for refusal and no stamp of refusal was on his passport.

Now the home office has refused his application stating the below details.

In summary he was refused because he answered NO to the following
'For either the UK or any other country, have you ever been: no
• Refused a visa
• Refused entry at the border
• Refused permission to stay or remain
• Refused asylum
• Deported
• Removed
• Required to leave
• Excluded or banned from entry

Reasons for Decision
Your application has been refused for the following reason(s):
Paragraph SW 27.1 states that:
SW 27.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
In the assessment of your visa application, I have considered it under paragraphs
9.7.1. (a)
9.7.1. An application for entry clearance, permission to enter or permission to stay may
be refused where, in relation to the application, or in order to obtain documents from
the Secretary of State or a third party provided in support of the application:
(a) False representations are made, or false documents or false information
submitted (whether or not relevant to the application, and whether or not to the
applicant’s knowledge)

Our records show that you have previously been refused UK visit visas on xx/xx/2019
(application Web Ref: GWFxxxxxxxxxx refer) and also on xx/xx/2021 (application Web
Ref: GWFxxxxxxxxx refer.)
In support of this application you replied ‘NO’ to the following question in your visa
application form:
For either the UK or any other country, have you ever been: no
• Refused a visa
• Refused entry at the border
• Refused permission to stay or remain
• Refused asylum
• Deported
• Removed
• Required to leave
• Excluded or banned from entry
I am satisfied that you have given false information in support of this application by
denying having ever been refused a visa to the UK. This attracts a refusal under
provisions of paragraph 9.7.1(a).
Your application is refused under provisions of paragraph 9.7.1 (a) and SW 27.1

MY ADVICE
I have advised him not to appeal the decision (since the error was made by him and not the case worker) but rather put in a fresh application and responding truthfully to the question. Get a solicitor to package the application and add a sworn affidavit - that he had made a honest mistake based on the fact that he assumed he was scammed by the immigration agents.

QUESTIONS
1. Have anyone experienced this? If yes please can experience be shared
2. Must the applicant respond to the refusal even though his is not appealing the decision?
3. Please I need advice from members concerning this issue that can help his situation
4. He is married can this be considered when filing the new application will this score his any credits, can a case be made based on this?
5. Any helpful advise is welcomed


Thank You All

[manci]

This document will help to understand your cousin's situation:
https://freemovement.org.uk/general-gro ... -mistakes/

[AmazonianX]

Dear All,

My cousin has been refused a partner visa based on the following. I need advice please.

Background Situation
He lives in a country where they pay money to local immigration agents to process visa. While he was filling form he mentioned using an agent to apply for visa but was unsure as the agent returned his passport without a stamped visa or a refusal letter.

It is not an uncommon thing in the country for immigration agents to scam people. Hence he assumed he was scammed as they was not letter from the agent stating reason for refusal and no stamp of refusal was on his passport.

Now the home office has refused his application stating the below details.

In summary he was refused because he answered NO to the following
'For either the UK or any other country, have you ever been: no
• Refused a visa
• Refused entry at the border
• Refused permission to stay or remain
• Refused asylum
• Deported
• Removed
• Required to leave
• Excluded or banned from entry

Reasons for Decision
Your application has been refused for the following reason(s):
Paragraph SW 27.1 states that:
SW 27.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
In the assessment of your visa application, I have considered it under paragraphs
9.7.1. (a)
9.7.1. An application for entry clearance, permission to enter or permission to stay may
be refused where, in relation to the application, or in order to obtain documents from
the Secretary of State or a third party provided in support of the application:
(a) False representations are made, or false documents or false information
submitted (whether or not relevant to the application, and whether or not to the
applicant’s knowledge)

Our records show that you have previously been refused UK visit visas on xx/xx/2019
(application Web Ref: GWFxxxxxxxxxx refer) and also on xx/xx/2021 (application Web
Ref: GWFxxxxxxxxx refer.)
In support of this application you replied ‘NO’ to the following question in your visa
application form:
For either the UK or any other country, have you ever been: no
• Refused a visa
• Refused entry at the border
• Refused permission to stay or remain
• Refused asylum
• Deported
• Removed
• Required to leave
• Excluded or banned from entry
I am satisfied that you have given false information in support of this application by
denying having ever been refused a visa to the UK. This attracts a refusal under
provisions of paragraph 9.7.1(a).
Your application is refused under provisions of paragraph 9.7.1 (a) and SW 27.1

MY ADVICE
I have advised him not to appeal the decision (since the error was made by him and not the case worker) but rather put in a fresh application and responding truthfully to the question. Get a solicitor to package the application and add a sworn affidavit - that he had made a honest mistake based on the fact that he assumed he was scammed by the immigration agents.

QUESTIONS
1. Have anyone experienced this? If yes please can experience be shared
2. Must the applicant respond to the refusal even though his is not appealing the decision? No
3. Please I need advice from members concerning this issue that can help his situation read manci's freemovement.org.uk link
4. He is married can this be considered when filing the new application will this score his any credits, can a case be made based on this? [He is applying for spouse visa so married. What case?]
5. Any helpful advise is welcomed


Thank You All

You and or your cousin go through the link from manci, can give you insight and how to address the refusals when reapplying.

[sassybee]

@manci and @amazonianX Thank you, I will read the article.

Thank You