harsh085 wrote:Hi Ahmad,
First of thank you for getting back to me on my queries.
My answers to your questions as below:
1) Where you accused of false representation and deception when they refused you? The only way to find out is by requesting SAR. What was the ground of refusal?
Answer – NOP. I was not accused of false representation and deception in any area. My application was rejected as I did not meet salary criteria for the Job. Hence I was not awarded salary points and my application was rejected.
2) When you got those penalty points what were they for? Have you been to court and paid a civil fine? If yes did you declare it? Speeding and parking ticket will not effect your application unless you have been continuously engaged in this especially speeding.
Answer:
First 6 points were awarded for “Driving without Licence” & “Driving without Insurance” this was in April 2010. I did declare these point in my PSW application (November 2010) and my First Work permit application (both first one rejected in November 2012 & re application in February 2013).
For above penalty point I did receive latter from court to either attend the court or provide written postal reply. Along with points I was fined some of £200 for court time etc. I did declare exact amount of fine in my both above application.
Second 5 points were awarded for “Driving without due care” & “bold tires” this was in December 2013. I did declare these points in my Second Work permit application in November 2015. For above penalty point I did receive latter from court to either attend the court or provide written postal reply. Along with points I was fined some of £200 for court time etc. I did declare exact amount of fine in my both above application.
3)Also have you had any cautions or criminal conviction in the past?
Answer: I have never been involved in any criminal conviction or even a caution.
i appreciate your help and guidance.
thank you.
I had to dig into those answers.
1) If you were not refused based on "playing around with Home Office" then you shouldnt have any problem with getting ILR. They will have no grounds to refuse you just because you did not meet your previous job criteria. If you are still in doubt then r
equest for SAR because it will relief your fustration.
You can get advise by anyone else but I believe that this will have no impact on your application.
2) Coming to the licence points> This was the crucial thing. You have declared it and that matters. If you never declared that you would have been imposed 10 years ban for applying for ILR due to deception etc. As long as you have been honest in your previous/current application forms you should have no issue with Home Office. Recently, we have seen a lot of people who have never declared a warning/caution/civil fine (issued 10-15 years ago) and got sudden refused with 10 years ban of applying for ILR/other visas.
In other words, even the slightest offense in their life , they could be one second away from getting their settlement but because of something that has not been declared they would sadly pay the consequences. Even if the points does not show (in 2010) it is sometimes good to declare it because Home Office should have your previous information.
Regarding to the second licence points, it was done in 2013 and you have declared it. I will not worry again. I would have worried if you had this recently. I am not an expert on the ruling of civil fine but I could tell you that as long as its not within the 24 months of proceeding your application then you should be fine. In other words, if you had this fine within 24 months of sending your application then it might be a mandatory refusal. This is why people sometimes extend their visa to fulfill the criteria.
You have said you have never had any criminal conviction. The reason why I asked that was because I never knew if those points were due to drink-driving offenses, which is very serious.
Again, I would say your history is clean because I don't think those issues would break the immigration rules and you have been honest and fulfilled the criteria.
Ahmad
