Tier 1 General , Dependent application REFUSED

[w55]

Hi,

I applied for TIER 1 General Extension for myself and my wife, I was granted leave to remain, but unfortunately my wife's application has been denied,

She was given a conditional discharge , and she did not declare this in the application, thinking it is was not a criminal conviction,

The reason rejection was under section 322(1A), (deception used for not declaring a criminal offence)


We have been given the right to Appeal, however her current leave has expired. So she can only make a out of time application.

After discussing with Immigration Solicitors, we have two paths in front of us

1) Reapply with the updated information by correcting the mistakes, as an out of time application. What I am not sure is , if the previous result have an impact on the new application ?
Whether 322(1A) is considered as a Ban for re considering her leave to remain?

2) Go through the Appeal route, this is indeed time consuming and a painfully long process, We would challenge this through appeal by giving evidence that we tried to intimate the home office about this before the decision was made,

Just to clarify , we did send letters to home office through fax, recored delivery stating that we missed to mention the offence and would like to rectify this,
All the letters were sent before the decision was made.

We will be using this as an evidence to contest our appeal.

Could you please guide us , what we should do? Will her visa get rejected under section 322(2) if she reapplies?


Thanks
W55

[sagareva]

hm. this one may not be as bad as it sounds.

look into something called "reconsideration request".

this is not an appeal, this is a very limited list of grounds on which you are allowed to request a reconsideration of a decision by the same HO unit without going to appeals..

There are three grounds - and one of them is, if you can prove that you had sent additional documents or information, and it has been received by Home Office before the decision date (but presumably not considered because it was not connected to your application in a timely manner)..

Google also caseworker guidance on reconsideration requests, I have this documents and it says VERY clearly that if a request relates to a document that has been received by the HOme Office before decision date, but had not been connected to the application file, they have to locate this document and reconsider as if this document had been in the application file all along.

You can argue that your case fits within this description. You need to provide proof that whatever you sent was with Home Office before the date of decision -- eg, postal tracking , fax receipts, etc etc.

But there is a small risk that it was from your correspondence alone that they have actually found out about the conditional discharge, and are taking the position that your wife should be held responsible for the application she signed, since information related to conditional discharge is not new.

But this will be your venue. You need to argue, that she forgot to include it and sending it later counts as if sending in additional information, which they received before decision date and had an obligation to consider as if it had been included in the application.

use of deception is pretty bad for your record, so I would not hold out for a new application. you need to fight out this refusal to get rid of "deception" label.