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I am currently on Tier-2 ICT in tje UK. My wife applied fo4 a Tier -2 ICT. It was refused mentioning the reason below:

On your application form you have stated that you have not received a caution, reprimand, warning or similar penalties in the UK or any other country. Home office records show however that you were cautioned twice by XX Constabulary on 1 April 2015. I am satisfied that you have used deception. I therefore refuse your application in accordance with paragraph 320 (7A) of the immigration rules.

You should note that because this application for entry clearance has been refused under paragraph 320(7A) of the immigration rules, any future application may also be refused under paragraph 320(7B) of the immigration rules.

Refusal under paragraph 320(7B) of the immigration rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deception or the submission of falsified documents or information was employed.

She was in the UK in 2015 on a previous Tier-2 ICT. She was in a shop and came out without paying the bill when she got an urgent call. So she was cautioned by police only once. As it was a minor thing (which she thought and doesn't even remember), she didn't mention that in the new application that was refused now.

What are the possible options to get the visa now? Can an administrative review help here? Can she apply for a new dependent visa mentioning all these in the new application?

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Refusal for deception is serious and you should consider employing a specialist lawyer.

The fact that the caution was given for a minor offence is not the issue here. The form asked about cautions and not declaring them is seen as lying to get a visa.

  • As it was a warning and she was never arrested or taken to a police station, also as it happened 3 years back, she doesn't remember it while filling the application. Can she make a fresh application explaining the reason for not mentioning these details in the previous application? – CHN Jun 28 '18 at 8:12
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    I would not go any further without talking to a specialist immigration lawyer. – user16259 Jun 28 '18 at 9:27
  • Is there any chance that with the specialist immigration lawyer, it gets through? This was a genuine mistake of not understanding the difference between a WARNING and a CAUTION and ignorance of impact of it. – CHN Jun 28 '18 at 9:36
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    Yes, there is because from the text you put in your question, she has not been banned but is at risk of being banned in future. Compare the cost of a lawyer with the possible ban and it will look like good value! – user16259 Jun 28 '18 at 9:53

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