Tier-1 Dependants Visa rejected - 320(7a)

hsmp_sachin · Post by **hsmp_sachin** » Fri Mar 13, 2009 9:49 am

Hi Guys,

my wife got rejected her Tier-1 dependant visa with 320 7(a). she got arrested and cautioned for shoplifting (which she dint

intentionally do) in UK during our stay in 2007. I was on work permit then. In the VAF application form she has not mentioned

about her shoplifting incident. she was given a chance for Admin review and i think there is no point in going for this. They

have not mentioned about any ban on applying for the next 10 years in the EC Refusal letter.

Based on this, can she apply again with mentioning the correct details??

Can you guys pls throw some light on this issue as i am literally broken.

Thanks
Sachin

apply4hsmp · Post by **apply4hsmp** » Fri Mar 13, 2009 10:25 am

was it a caution ? or a conviction ? it all depends on that.

hsmp_sachin · Post by **hsmp_sachin** » Fri Mar 13, 2009 10:30 am

She was arrested and cautioned, since this was her first crime or what ever. she was in the police station for 2 hrs.

apply4hsmp · Post by **apply4hsmp** » Fri Mar 13, 2009 10:50 am

I think you should appeal, it was a caution and I believe they ask to declare convictions, which was not the case with u.

I am not a lawyer but they have refused you under wrong grounds, I believe.

hsmp_sachin · Post by **hsmp_sachin** » Fri Mar 13, 2009 10:54 am

Thank you so much for your reply.

Guys any further views on this are welcome. Your help will be very much appreciated.

nksg · Post by **nksg** » Fri Mar 13, 2009 12:09 pm

Hi hsmp_sachin,

Did your Wife recieve any fixed panelty notice for disorder or any fines...

Actually one of my frinend is a victim of same scenerio and he has to file his ILR very soon...

NK

hsmp_sachin · Post by **hsmp_sachin** » Fri Mar 13, 2009 12:18 pm

She dint receive any fine or penalty. she was kept in the police station for couple of hours and they have taken all the details and was told that this is kind of warning as this is the first time she has committed anything like this.

so, on this grounds do you guys think if we go for Admin review, does she hold any chance of getting the visa. once again if they reject in Admin review, is there any chance that my Tier-1 VISA gets cancelled??

shivuu006 · Post by **shivuu006** » Fri Mar 13, 2009 3:48 pm

Hi

In my case i received a penalty from police and they said i dont need to mention it any where. I sent an email to immigration and they said we dont need to declare unless they are asked specifically. since your wife is not criminally conivcted you can go for the review.

flygirl · Post by **flygirl** » Fri Mar 13, 2009 7:44 pm

Hello hsmp_sachin

Stored between the lines of shivuu006's post is excellent advice. Email or phone HO to clarify EXACTLY what kind of offenses should or should not be mentioned. A letter is better so you have proof of correspondence. Their response will let you know the next step to take.

hsmp_sachin · Post by **hsmp_sachin** » Sat Mar 14, 2009 5:34 am

shivuu006,

please let me know if your conviction was for driving related offence as this will help me build my case.

senior members please respond and advice.

Thanks
Sachin

golu · Post by **golu** » Sat Mar 14, 2009 8:59 am

i might be talking out of my mind, but if you do a CRB check you will find out if there is a record against ur wife..

I think thats all the HO also look at, if at all they do

hsmp_sachin · Post by **hsmp_sachin** » Sun Mar 15, 2009 3:30 pm

Senior members please suggest..

apply4hsmp · Post by **apply4hsmp** » Sun Mar 15, 2009 3:51 pm

what I dont understand is, all their forms ask for is conviction, there is no place for cautions or warnings (or is there, correct me if I am wrong ?)
So either make it clear in the form to declare all type of offences or dont reject the visa ?

What is the exact wording of the refusal ?

Is there anywhere in the form you had to declare cautions or warnings ? in addition to conviction ?

have you read sec 320 7 A ?

nksg · Post by **nksg** » Sun Mar 15, 2009 8:44 pm

It was similar to your case...

hsmp_sachin wrote:shivuu006,

please let me know if your conviction was for driving related offence as this will help me build my case.

senior members please respond and advice.

Thanks
Sachin

hsmp_sachin · Post by **hsmp_sachin** » Mon Mar 16, 2009 5:23 am

Hi,

The BIA site has the following notes on 320(7A) refusal:

(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

The VAF 10 application had following questions for which we said No.
6.9 Do you have any criminal convictions in any country
(including traffic offences)?
You must record ANY convictions you have obtained during
your lifetime in any country including the UK. Convictions will not
necessarily result in automatic refusal. However failure to disclose
any conviction will be taken into consideration. If you have any
convictions you must submit the official record of the conviction,
detailing the crime you were convicted of along with any sentence
received. Please include your supporting documents.

6.10 Have you ever been charged in any country with a criminal
offence for which you have not yet been tried in court?
You must record ANY criminal offence in any country including the
UK for which you are currently awaiting trial. Any such disclosure will
not necessarily result in automatic refusal. However failure to disclose
any convictions will be taken into consideration

As per my assumption 6.10 should be set to Yes only if you have committed any offence and you are awaiting trail for that. in my wife's case she was cautioned and let off without any penalty or sentence.

Senior members, could you please let me know if i can go for appeal on this grounds.
Thanks
Sachin

shivuu006 · Post by **shivuu006** » Mon Mar 16, 2009 6:01 am

yes you can.

I was clearly told by police that only if we go to court and the penalty is awarded by judge it is called crimincal conviction. In your case your wife was just cautioned. She is not given any penalty or fine. So better consult an immigration lawyer for better advice

xpscapable · Post by **xpscapable** » Mon Mar 16, 2009 7:29 am

It depends why your wife application was rejected. You didn't mention the reason.

hsmp_sachin · Post by **hsmp_sachin** » Mon Mar 16, 2009 8:56 am

The reason was "She did not mention about the offence in the application form about the arrest and caution on shoplifting offence she committed in november 2007".

hsmp_sachin · Post by **hsmp_sachin** » Wed Mar 18, 2009 4:21 am

help pls...

hsmp_sachin · Post by **hsmp_sachin** » Sat Mar 12, 2011 9:01 pm

we have appealed for my wife's refusal, but it also got rejected. I got my Tier-1 visa in April 2009 and because of my wife's rejection, i never travelled. Recently i got one more opportunity and came to London 3 weeks back and probably i may stay here for 6 months.

So, if i apply once again for Wife as a dependant will she be successful?? She was rejected last time in Mar 2009 with 320(7a) in which we failed to declare shoplifting offence which BTW was not intentional.

Or can i explore the possibility of applying for a Visit visa for 6 months.

Post by **geriatrix** » Sun Mar 13, 2011 11:23 am

See 320(7B) and RFL5.3 How long are applicants automatically refused for?

hsmp_sachin · Post by **hsmp_sachin** » Mon Mar 14, 2011 6:52 pm

does this mean that there is no problem and i can apply again for my wife and kid??

Reddevil12 · Post by **Reddevil12** » Fri Feb 10, 2012 2:28 pm

@Sachin

Can you please shed some light on your current situation. I mean did you manage to apply for your wife after the rejection. Please do respond when you get time.

makkan00 · Post by **makkan00** » Sun Apr 15, 2012 4:01 pm

I am just wondering.
If caution is just a warning and not offence, why should one mention it on the form.

And if this lady was 'JUST' cautioned, why should she mention it on the visa application, and later get refusal.

I am surprised to see, later they have rejected the appeal as well.

Not a fair decision or was that fair?

Post by **vinny** » Sun Apr 15, 2012 11:27 pm

There's an automatic ban of 10 years under 320(7B), subject to 320(7C), if 320(7A) is upheld. Did she continue her appeal to the Upper Tribunal?

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Tier-1 Dependants Visa rejected - 320(7a)

Tier-1 Dependants Visa rejected - 320(7a)