Tier 1 General Dependant Visa refused , suggestio needed.

[w55]

Hi All

I place the following query and seek guidance and help as we need it the most.

My Wife's Tier 1 Dependent visa has been rejected on following grounds:

322 1(A) That is failed to declare a criminal conviction and under section 245CA

She has received a conditional discharge of 2 years , we thought that it was not a conviction and hence by mistake did not declare it while lodging the application.

We realized this mistake before the decision was made and sent the updated information about the conviction before the decision was made, Unfortunately our information did not reach home office on time and our application was rejected.

We also tried to send UKBA the reconsideration request informing them about the mistake and providing the fresh information, However we did not recieve any reply.

We have got the right of Appeal and have appealed the decision and the hearing date is in April ,

We could have waited till the appeal however , The main problem is that we have an Australian PR which states that we have to make an intial entry into australia in early March. We have checked with the Australian immigration office and they said that the date cannot be extended , and you will loose the PR if you do not enter before the mentioned date.

We have consulted the immigration advise services(ias) and they have given us the following advise:

First option is
1) Wait for the UK Appeal, as the case is strong , chances of winning the Appeal is high.
2) Withdraw the appeal and apply for fresh application in UKBA explaining the grounds that the previous application had an mistake committed purely due to innocense. Also give the material fact like proof that attempt was made to inform the mistake.

For making fresh application:
My research says that if an application is rejected under 322 1(A). any further applications will get rejected under section 320 7(B), which states that deception was used in a previous application and hence trigger a ban which will unable my wife to apply for UK visa for 10 years. Could any one please confirm if its true ? and what are the chances of application being approved , if we explain the circumstances under which we made the mistake and also give the proof that we tried to inform the UKBA about the error?

We are at the moment unable to decide weather to Risk Australia and wait for the UK Appeal hearing or apply for fresh application and risk the ban on the application.

The advantage of applying fresh application is that , we will have a chance to travel to australia ,even if the application is rejected However we still stand the risk of Ban in applying in UK

Whereas if we apply for Appeal, then we might win or loose the appeal and will have to re apply for Australia, Does any one know if there will be an impact of new visa application to Australia if the UK appeal is rejected?

Could you please suggest based on your wisdom on what we should in this complex case. Any advise in this query will be very highly appreciated and we are running short of advises and idea and are really confused and puzzled and are unable to make up our mind

Please help !!

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