Background

Our client contacted us after experiencing multiple refusals of their Electronic Travel Authorisation (ETA) applications. The problem arose from a genuine mistake made when completing the online form.

In their first ETA application, the client mistakenly indicated that they had previously received a criminal conviction resulting in a custodial sentence of 12 months or more. In reality, while they did have a conviction five years ago, the custodial sentence imposed was less than 12 months.

Because of this incorrect information, the ETA was correctly refused. Unfortunately, when the client submitted a second ETA application, the same mistake was made again, leading to another refusal.

Once the error was realised, the client submitted a third ETA application with the correct information. However, this application was also refused, this time on the grounds of alleged deception, as the answer differed from the previous applications.

Key Immigration Rule to Note

If an ETA application is refused, even if the refusal was the result of an honest error, the applicant must not submit another ETA application.

Instead, the correct approach is to apply for a Standard Visitor Visa, which allows you to provide a full explanation of the previous refusals and clarify any misunderstandings.

Our Approach

The client sought our assistance after receiving the third refusal. Our immigration team conducted a comprehensive review of the case to identify the best way forward.

We began by carrying out a detailed examination of the client’s conviction documents and sentencing records. This confirmed that the offence and the sentence imposed did not meet the threshold for a mandatory visa refusal under the Immigration Rules.

We then prepared a Standard Visitor Visa application supported by robust legal representations. These representations:

• Explained the sequence of ETA refusals and the nature of the original error
• Demonstrated that the incorrect answers were the result of a misunderstanding rather than any intent to deceive
• Highlighted that the conviction did not fall within any category that would automatically lead to a visa refusal

This clear and transparent approach allowed the decision-maker to understand the situation fully and assess the application fairly.

Outcome

The client’s priority Standard Visitor Visa was approved in just four business days. They were able to travel to the UK as planned, with the record of “deception” successfully clarified and resolved.

Key Takeaways

• If your ETA has been refused, do not submit another ETA, instead, apply for a Standard Visitor Visa.
• A refusal due to an honest mistake can often be resolved through a carefully prepared visa application and detailed legal representations.
• Reviewing underlying conviction or sentencing records is essential to ensure the Home Office’s concerns are properly addressed.

At Muldoon Britton, our immigration team specialises in resolving complex visa issues. We combine detailed legal analysis with clear and persuasive representation to achieve successful outcomes for our clients.

If you’ve faced an ETA or visa refusal and need expert guidance, contact Muldoon Britton today to discuss your case in confidence.