Can HO cancel Driving Licence and Bank accounts?

[shah23]

I have heard that now HO is cancelling driving licence and closing bank accounts whose visas have been refused or have expired.
Personally I don't believe this as driving licence and bank accounts are personal things, they can be used abroad as well, UK licence is valid in many countries and it's issued by DVLA after passing the requirements.
Any information on this?

[CR001]

If you have no legal right to reside in the UK, then yes, your drivers licence can be revoked. Not sure about bank accounts, but if illegal and working illegally, HO can seize your money/assets as 'proceeds of crime'.

[shah23]

If you have no legal right to reside in the UK, then yes, your drivers licence can be revoked. Not sure about bank accounts, but if illegal and working illegally, HO can seize your money/assets as 'proceeds of crime'.

What if the case is going on in AR or JR?

[CR001]

Unlikely anything will be 'cancelled' if you are in one of these two processes.

[Casa]

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

The new Immigration Act will go further and include measures to prevent
known illegal migrants from continuing to operate existing bank accounts.
This includes accounts opened before the 2014 Act prohibition came into
force and, importantly, accounts which were opened during a period of
lawful stay but where the migrant has remained in the UK after their leave to
remain in the UK expired
Under this Act, banks and building societies will be required to check
regularly whether they are operating a current account for a person known
by the Home Office to be in the UK illegally.
 If a bank establishes that a customer is an illegal migrant, they will have a
duty to report the match and details of any other accounts they provide to
the Home Office

and Driving Licence revocation:
https://www.gov.uk/government/uploads/s ... ensing.pdf

[secret.simon]

As regards bank accounts, see Section 45 and Schedule 7 of the Immigration Act 2016. But they have not been commenced yet.

And while it seems the driving licence of somebody in the UK whose leave has expired is not cancelled, it can be seized and retained by the police. It would also be a criminal offence to be driving in the UK while not having leave to remain in the UK. See Sections 43 & 44 of the same Act, which are also not commenced.

What if the case is going on in AR or JR?

As I understand it, Section 3C leave would cover you under certain circumstances if your case is in AR or in either the FTT or UTT.

But while you technically have leave, how are you going to convince the banks and the police of that, given that you have no documentation certifying that leave continues?

[Casa]

It seems that the HO can revoke the driving licence:
http://www.immigrationboards.com/indefi ... d#p1363222

[shah23]

As regards bank accounts, see Section 45 and Schedule 7 of the Immigration Act 2016. But they have not been commenced yet.

And while it seems the driving licence of somebody in the UK whose leave has expired is not cancelled, it can be seized and retained by the police. It would also be a criminal offence to be driving in the UK while not having leave to remain in the UK. See Sections 43 & 44 of the same Act, which are also not commenced.

What if the case is going on in AR or JR?

As I understand it, Section 3C leave would cover you under certain circumstances if your case is in AR or in either the FTT or UTT.

But while you technically have leave, how are you going to convince the banks and the police of that, given that you have no documentation certifying that leave continues?

My understanding is that they can revoke licence and close bank accounts once you start living here as illegal immigrant, but you can't be considered as illegal while your application is still under consideration either in AR or JR as both are legal ways to fight till final outcome.
The banks and police can verify the process of AR or JR in case they want to, and the legality of an applicant cannot be challenged while the case is still under consideration in AR, JR or appeal. We don't need to prove it. But once you lose the case through all options (HO, AR, JR etc) and you are asked by the HO to leave the country and they consider you as illegal or over stayer then police can do anything.
That's my opinion which can be wrong if someone has more logical or legal answer?

[Casa]

Unlikely anything will be 'cancelled' if you are in one of these two processes.

[secret.simon]

The banks and police can verify the process of AR or JR in case they want to

We don't need to prove it.

I think you are assuming way too much integration. Data in government departments is most likely kept in silos, which is not accessible even within departments. Which would be why the same documents need to be submitted again and again for related applications.

At the end of the day, it is your duty to prove that you are legal in the UK, not the banks or police duty to ascertain. As CR001 said, it is unlikely that either process would kick off while you are in AR or JR (at least as regards banks, because from the language of the statute, it seems that banks will compare the details to a centralised list of illegal overstayers provided by a data-matching authority nominated by the Treasury), but if it did, the onus is on you to prove that you have leave (or do not require it), not the banks or the police's to chase it up with the Home Office.

Given the number of bodies involved (the Home Office sharing a database with a third-party data-matching organisation nominated by the Treasury and they matching the data from your bank), it is not impossible for errors in understanding of status as regards leave to remain to crop up.

Think of it this way; if you don't want to lose your money and your driving licence, you have to do the proving. The bank and police have no dog in this fight. Your money, your headache.

[shah23]

The banks and police can verify the process of AR or JR in case they want to

We don't need to prove it.

I think you are assuming way too much integration. Data in government departments is most likely kept in silos, which is not accessible even within departments. Which would be why the same documents need to be submitted again and again for related applications.

At the end of the day, it is your duty to prove that you are legal in the UK, not the banks or police duty to ascertain. As CR001 said, it is unlikely that either process would kick off while you are in AR or JR (at least as regards banks, because from the language of the statute, it seems that banks will compare the details to a centralised list of illegal overstayers provided by a data-matching authority nominated by the Treasury), but if it did, the onus is on you to prove that you have leave (or do not require it), not the banks or the police's to chase it up with the Home Office.

Given the number of bodies involved (the Home Office sharing a database with a third-party data-matching organisation nominated by the Treasury and they matching the data from your bank), it is not impossible for errors in understanding of status as regards leave to remain to crop up.

Think of it this way; if you don't want to lose your money and your driving licence, you have to do the proving. The bank and police have no dog in this fight. Your money, your headache.

Ok, so you mean HO will put an applicant name in illegal/over stayers list after his application is refused regardless of his right to go for AR or JR and the treasury list will be updated.
If we have to prove our status I think the receipts for AR/JR etc with a lawyer letter or a legal letter confirming the status should be enough, because as I understand you cannot be considered as illegal if you are in AR or JR etc.

[icehouse256]

Yes the HO does revoke driving license , Mine was revoked upon attending an interview in Croydon.
I was invited for an interview after which i was detained whilst they issued me a refusal letter for my pending application. I was detained for 2 week, then released after successful JR, but ever since then my license is still revoked even though I'm still waiting on FTT to settle the case.

[noajthan]

Yes the HO does revoke driving license , Mine was revoked upon attending an interview in Croydon.
I was invited for an interview after which i was detained whilst they issued me a refusal letter for my pending application. I was detained for 2 week, then released after successful JR, but ever since then my license is still revoked even though I'm still waiting on FTT to settle the case.

Was it postal application?
Can you share the reason for refusal?

Kindly refrain from hijacking another member's post.
Your posts removed.

This topic is about revocation of OP's DL etc.

[jan39]

Yes the HO does revoke driving license , Mine was revoked upon attending an interview in Croydon.
I was invited for an interview after which i was detained whilst they issued me a refusal letter for my pending application. I was detained for 2 week, then released after successful JR, but ever since then my license is still revoked even though I'm still waiting on FTT to settle the case.

Was it postal application?
Can you share the reason for refusal?

Kindly refrain from hijacking another member's post.
Your posts removed.

This topic is about revocation of OP's DL etc.

Sorry didn't know that asking a question from someone in a post is considered as hijacking.

[noajthan]

Sorry didn't know that asking a question from someone in a post is considered as hijacking.

You can find someone's history by clicking on their username and reading their previous posts instead of asking them to repeat it all yet again.

The point of this topic is not the reason for a refusal and there is no need to go down that path again. (how did they apply; was it in person or by post; were they called to interview; what questions asked; did incompetent accountant/advisor mislead HMRC; do they have top-notch lawyer to sort it out; etc etc etc).

This topic is all about the consequences of a refusal.

[noajthan]

See comments about discussion board:
http://www.immigrationboards.com/commen ... l#p1387387