It is bad news that a visa application is unsuccessful. A lot of time, effort, preparations and expenses have been made in the process of the application. The waiting period to get the decision is usually a period of anxiety and trepidation. It is bad news if the outcome is a refusal. It is, in most cases, a tragedy when the applicant is not only refused, but banned and excluded from entry into the country in question, for many years or even, forever.
There are several events or occurrences that can lead to a period of visa ban, or visa exclusion, or inadmissibility or ineligibility. It is not intended to deal with all in this brief write up but it will suffice to say that such events or circumstances include deportation or removal ,having a criminal record, history of breach of immigration rules, security concerns, and character deficit based on association and conduct.
The most common ban in the UK immigration rules is for “false representation” or “deception”. It is for a period of 10 years. For the US, the ban is permanent, for ever, if it is based on “fraud or intentional falsification of a material fact” For Canada, a 5 year visa ban is imposed if the applicant was said to have “directly on indirectly misrepresented or withheld material facts relating to the application which could induce an error in administration of the Act”. Though the presentation may defer, the simple message is that severe punishment awaits any visa applicant for any act of dishonesty, either by lying, presenting false information, presenting forged documents, or by any other means. It is known that a lot of innocent individuals have been caught up and languishing in the web of a visa ban. Applicants who made innocent mistakes, or who were merely careless or negligent, or who relied on “agents “,or who otherwise acted in good faith are often lumped together with those who acted dishonestly.
The general thinking that all hope is lost in cases of visa ban is false. The decision can be challenged. The decision Can be overturned. The ban can be lifted. The process to reverse the decision requires sound knowledge of immigration laws, rules, procedure and forensic Trying to solve the problem through a wrong process can make the matter worse.
The UK refusal letter may end by saying that there is no right of appeal or of administrative review. This may as well be correct. But there are other effective means to challenge the decision. The US refusal letter may also indicate that the visa decision is not open for appeal. But there are established procedures to challenge the lawfulness of the visa ban in appropriate cases having regard to the unfairness of the decision and the exceptional and disproportionate hardship that relevant persons may suffer as a result of the ban.
The same is true of Canada. There are means by which an applicant who has been wrongly punished can reopen the matter to enable a superior official to re-examine the decision.
In conclusion, we urge visa applicants to do all that is possible to avoid a visa ban by acting with utmost honesty and with extreme caution and diligence. An applicant who is under yoke of a visa ban from any country can approach a qualified and competent person for honest, professional advice and for necessary action if the decision is considered to be challengeable. The writer is aware of a long list of individuals who stepped up and had their problems sorted.
You may be the next.
Eddie Onyeka Esquire.