Tier 2 extension refused - traffic offence not declared

[ckent_2007]

Hi All,
i have a traffic offence 3 years back IN10 no insurance, given penalty 6 point and 200 pounds fine. Last week, i applied my tier 2 extension through online form, one of the question about traffic offence i written NO as i thought this record was expired and 6 points return to me while i check on the DVLA website

My question is, will this affected my application without declare the expired record?

[ckent_2007]

just wondering anyone have experience or similar case to this?
another question is, do HO really simply can access DVLA database?

[Wanderer]

just wondering anyone have experience or similar case to this?
another question is, do HO really simply can access DVLA database?

Yes, they can and do.

In fact you can it yourself...

[ckent_2007]

just wondering anyone have experience or similar case to this?
another question is, do HO really simply can access DVLA database?

Yes, they can and do.

In fact you can it yourself...

right, any thought on my case ?

[Kam1234]

Hi

If you didn't get any decision on your visa yet, call the boarder agency and ask what you need to do. Sheffield UKVI number is 03001232241.

[ckent_2007]

I applied for a tier 2 visa, and was refused under paragraph 322(1A). The details of the refusal are below :

In your application, you stated that you had never had a caution, warning, reprimand or fixed penalty notice.
I am satisfied that this statement is false because our records, show that you had a caution as an unlicensed person (taxi tout) soliciting persons for hiere car services on 28/09/2012

As false representations have been made in relation to your application, it is refused under paragraph 322(1A), of the immigration rules.

For the above reasons, i am also satisfied that you have used deception in this application.

I am satisfied, to a higher balance of probabilities that false representations were made in your visa application. I therefore refuse your application.

This means that any future applications for entry clearance or leave to enter the UK you make will be refused under paragraph 320(7B) of the immigration rules


At some point the online form question stated a main title "Criminal or Unspent Conviction" above of these sub question related to the criminal offence, conviction, and etc. Therefore, this has been made me confused thought that Spent caution should not included in the application form..but i don't think this point are good enough to deal with HO, so anyone know any related paragraph to the caution declaration?

[geriatrix]

Topic merged.

F1. Have you been convicted of any criminal offence in the UK or any other country?
We routinely conduct eligibility and background checks and you should ensure that you fully disclose all information which could be relevant to your application and be aware that the failure to do so could result in your application being refused.
We will carry out criminal record checks on all applicants and dependants. You must declare all convictions, regardless of whether they are spent or unspent.

F2. Please give details below for each criminal conviction, starting with the most recent. If you have received more than two convictions, please photocopy this page and enclose it with this form.
You must give details of all spent and unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.

See also Non-custodial sentences: cautions, warnings and reprimands

[ckent_2007]

Topic merged.

F1. Have you been convicted of any criminal offence in the UK or any other country?
We routinely conduct eligibility and background checks and you should ensure that you fully disclose all information which could be relevant to your application and be aware that the failure to do so could result in your application being refused.
We will carry out criminal record checks on all applicants and dependants. You must declare all convictions, regardless of whether they are spent or unspent.

F2. Please give details below for each criminal conviction, starting with the most recent. If you have received more than two convictions, please photocopy this page and enclose it with this form.
You must give details of all spent and unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.

See also Non-custodial sentences: cautions, warnings and reprimands

Thanks for the info, i found this guidance from HO, the whole paragraph is not relevant but the 1st line of description will help why i don't declare the caution as this is not a conviction in response to the F1, therefore this should be treated as geniue mistake instead of deception, what do you think?

“Please note that a caution is not a conviction. It is an out of court disposal which is recorded on an individual's criminal record. Since it is not a conviction the applicant should not be refused under paragraph 320(7A) if they fail to declare it on the application form.” [RFL10.3].

[geriatrix]

You have not been refused under 320(7A), but 322(1A).

320 governs "entry clearance or leave to enter" applications.
322 governs leave to remain applications and curtailment of leave.

A caution (simple or conditional), warning or reprimand are all examples of an “out of court disposal that are recorded on a person’s criminal record”.

[ckent_2007]

You have not been refused under 320(7A), but 322(1A).

320 governs "entry clearance or leave to enter" applications.
322 governs leave to remain applications and curtailment of leave.

A caution (simple or conditional), warning or reprimand are all examples of an “out of court disposal that are recorded on a person’s criminal record”.

Thanks, so the HO is pointing out the date of caution by 28/09/2012 until now still considering unspent? As i double checking the Rehabilitation of Offenders Act 1974, it should be spent immediately

https://www.gov.uk/government/uploads/s ... enders.pdf

[geriatrix]

Yes, I was wrong about period of rehabilitation. Response edited.

That said, the issue here is not about period of rehabilitation.
The issue is that you are required to declare all spent and unspent convictions in an immigration application and you did not.
Hence the refusal - for not disclosing material facts.

Did you declare your motor convictions? It appears that you did not disclose those as well!!

[ckent_2007]

The issue here is not the period of rehabilitation.
The issue is that you are required to declare all spent and unspent convictions in an immigration application. But, you did not.
Hence the refusal - for not disclosing material facts.

Did you declare your motor convictions? It appears that you did not disclose those as well!!

OK..but from the online form main title stating "criminal or upsent conviction" make me really confusing and miss leading end up i thought my caution was spent so without declare, it should consider a geniue mistake instead of deception, ECO it's just too hash at this point..

[ckent_2007]

Background:
tier 2 extension visa refused due to failed to declare traffic offence, but there are quite some issues with the application form question which mis leading my answer. After discussed with my lawyer and came out with conclusion wining chance high against UKVA decision, so decided to sue them(this is the only option i have if i want to stay in UK)

The main question now is, my lawyer had submitted my case to the court October this year just before my work permit expired. Since i'm still awaiting for the court response and next will be court hearing, therefore am i still eligible continue to work within this period? i'm just worried as the work permit & COS just expired..

[CR001]

Sue the HO for what and in which court?

On what basis do you think you have a case that you can win?

You failed to declare something which you were required to declare and your visa was refused.

[ckent_2007]

That's not the point to discuss here,lawyer has been submitted all evident to support this case..
Thanks for your concerned.

[geriatrix]

Isn't your lawyer competent enough to advise you whether you can continue working or not?

With the information you have provided in the entire topic no one here at the forum can tell you whether you can or you can't.

[edwardhl4415]

I am very curious how did you case go in the end?