Using fraudulent and dishonest means to obtain illegal entry into the UK or remaining in the country past the legal limit falls under immigration fraud.

The key element that implicates someone in immigration fraud is dishonesty. It can involve the following:

  • Entering without leave
  • Overstaying
  • Obtaining leave by deception
  • Facilitating or assisting illegal immigration
  • Failing to comply with the conditions of leave
  • Facilitating the unlawful entry of asylum seekers
  • Employing illegal immigrants
  • Counterfeiting or forgery offences that pertain to immigration documents
  • Identity documents offences
  • Failing to cooperate with a request for information

With the recent increase in the number of foreign nationals applying for immigration and changes to immigration laws, prosecutions for immigration offences by the border agency have increased as well. The charges can be stressful, as sometimes, the offence occurs unintentionally. It can be even more difficult if English isn't your first language.

Types of immigration fraud cases

Several different crimes and acts can be construed as immigration fraud. Some examples of immigration fraud include:

  • Sham marriages
  • Forced marriages
  • Modern slavery
  • Forged documents
  • Student visa fraud
  • Human trafficking
  • Identity fraud
  • Bogus degrees and certificates
  • Sponsorship fraud
  • Visa and passport fraud

The nature of immigration fraud cases is quite complex, and it can be a challenge for the prosecutor to prove dishonesty on the part of the accused.

Immigration fraud investigation

Being accused of immigration fraud can be a cause of much anxiety and worry. The suspect can face a prison sentence or deportation for themselves and their loved ones. It can also be quite costly, having to support your dependents while trying to prove your innocence.

Typically, the police and border agency staff visit the places of residence and work of the accused. Depending on the nature of the offence, you might be asked about your current residence status.

It's highly likely that you will be asked to come in for an interview at the police station unless you haven't been arrested already.

Whether you have been falsely accused or have committed an offence unintentionally, the legal procedures can be difficult to navigate. Most foreign nationals do not have enough English language fluency to be able to manage the accusation and satisfy immigration officers effectively.

Have you been accused of immigration fraud?

Immigration fraud is a serious offence and can result in long imprisonment, hefty fines, and deportation. As soon as you have been accused, it's critical that you hire reliable and expert solicitors who have extensive experience dealing with immigration fraud cases.

They can provide you with professional guidance and advice for the best possible course of action that will help you resolve the case in your favour.

Need legal advice & assistance?

At Wembley Solicitors, we have years of experience providing legal representation for criminal offences and other criminal law related matters.  We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your legal matters.

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