Tier1 Dependant Application Rejected - Appeal

[Bajwagr8]

Hi All,

My wife's extension application as Tier1 Dependant has been rejected. The case worker provided following reason:

"In your application, you failed to disclose that you have any criminal convictions in the United Kingdom or any other conuntry (including traffic offences) or any civil judgements made against you.

For above reasons, I am also satisfied that you have deception in this application"

This is completely wrong accusition. She has no driving license for UK and no criminal activity in UK. She has no traffic offense back home as well.

She has right to appeal in next 10 working days. Could anyone please guide me for this process?

They've also mentioned if she would like to have oral hearing.
Should we chose oral hearing?

Is she required to be present there? We have a newborn baby and wouldn't be suitable for her to travel. Would that make any difference?

How long this normally takes for tribunal hearing? We were planning for a trip abroad in Dec.

Any urgent help would be highly apperciated.

[mvent00]

Does it mean that she forgot to answer those questions where they have asked if she had any criminal offence in UK?

If so, I think you can say that it was an unintentional mistake and if it is possible/aplicable you may show a recent criminal certificate.

Seniors must have more valuable suggestions.

Hi All,

My wife's extension application as Tier1 Dependant has been rejected. The case worker provided following reason:

"In your application, you failed to disclose that you have any criminal convictions in the United Kingdom or any other conuntry (including traffic offences) or any civil judgements made against you.

For above reasons, I am also satisfied that you have deception in this application"

This is completely wrong accusition. She has no driving license for UK and no criminal activity in UK. She has no traffic offense back home as well.

She has right to appeal in next 10 working days. Could anyone please guide me for this process?

They've also mentioned if she would like to have oral hearing.
Should we chose oral hearing?

Is she required to be present there? We have a newborn baby and wouldn't be suitable for her to travel. Would that make any difference?

How long this normally takes for tribunal hearing? We were planning for a trip abroad in Dec.

Any urgent help would be highly apperciated.

[Bajwagr8]

No. She selected 'NO' in all of those criminal conviction section and rightly so. But they are claiming deception as if she is hiding something. She doesn't have any criminal activity/traffic offense anywhere.

Any suggestions please!!!

[mvent00]

I remember once a person mentioning that there was a similar name case with criminal conviction in another EU country. May be this it is the reason that they are asking for an oral hearing. Please wait for response from seniors.

No. She selected 'NO' in all of those criminal conviction section and rightly so. But they are claiming deception as if she is hiding something. She doesn't have any criminal activity/traffic offense anywhere.

Any suggestions please!!!

[Confused123]

I believe its up to the applicant to choose whether he/she wants to have an oral or paper hearing.HO simply tells the applicant to choose what ever is preffered by him/her though oral is much better as per my experience rather than paper as one can answer/explain the case/any question more clearly to the judge.

I remember once a person mentioning that there was a similar name case with criminal conviction in another EU country. May be this it is the reason that they are asking for an oral hearing. Please wait for response from seniors.




Any suggestions please!!!

[/quote]

[Bajwagr8]

Thanks for your comments.

I agree. Hearing would be better choice. But I cannot afford to pay £1000 to any solicitor to defend the facts.

She has never been in any crime/traffic offenses. I am getting NOC certificate from back home as well to prove that.

Is there any NOC kind of certificate available from UK police as well? I would like to defend this case myself. So, anyone who can suggest any ideas that woudl be much apperciated.

Confused123 - How was your experience in appeal? What was the process and what happend?

[dima]

Thanks for your comments.

I agree. Hearing would be better choice. But I cannot afford to pay £1000 to any solicitor to defend the facts.

She has never been in any crime/traffic offenses. I am getting NOC certificate from back home as well to prove that.

Is there any NOC kind of certificate available from UK police as well? I would like to defend this case myself. So, anyone who can suggest any ideas that woudl be much apperciated.

Confused123 - How was your experience in appeal? What was the process and what happend?

You can get police clearence certificate from UK police as well as from your home country.. That shud be OK...

[dima]

Thanks for your comments.

I agree. Hearing would be better choice. But I cannot afford to pay £1000 to any solicitor to defend the facts.

She has never been in any crime/traffic offenses. I am getting NOC certificate from back home as well to prove that.

Is there any NOC kind of certificate available from UK police as well? I would like to defend this case myself. So, anyone who can suggest any ideas that woudl be much apperciated.

Confused123 - How was your experience in appeal? What was the process and what happend?

You can get PCC from UK poilce as well as from your home country.. that shud be OK...

[push]

I guess you also need to find out what record does criminal records bureau hold for your dependant.

[Confused123]

Confused123 - How was your experience in appeal? What was the process and what happend?

well,I had totally different case,no questions were asked what so ever from either HO presenting officer or Judge though I had solicitor who explained the case to judge and HO PO and hearing finished in Apprx.5 mints and I recieved the determination after few days with appeal Allowed.

I'd still recommend to hire a solicitor,it would cost you between 800 to 1000 pounds but would make life much easier at hearing.

[Bajwagr8]

I guess you also need to find out what record does criminal records bureau hold for your dependant.

How can I get that information??

[mvent00]

links that might be useful :

http://www.usembassy.org.uk/cons_new/visa/iv/ukpc.html

http://www.acpo.police.uk/certificates.asp

http://www.walsall.gov.uk/index/how_do_i_make_a_sar.htm

I guess you also need to find out what record does criminal records bureau hold for your dependant.

How can I get that information??

[Bajwagr8]

links that might be useful :

http://www.usembassy.org.uk/cons_new/visa/iv/ukpc.html

http://www.acpo.police.uk/certificates.asp

http://www.walsall.gov.uk/index/how_do_i_make_a_sar.htm

I guess you also need to find out what record does criminal records bureau hold for your dependant.

How can I get that information??

Thank you so much. Really apperciated.

I guess ACPO Police Certificate is the only option I could avail for appeal because I could get that in 2 working days.

Any other suggestion that I should be aware of???