Is this grounds for Visa Refusal? *URGENT*

[adlaii]

Hello all,

I am currently in the process of applying for my UK tier 4 visa for graduate school. In the section about traffic offenses, I disclosed all relevant offenses, or so I thought. I had three prior traffic tickets over the past 5 years (1 was expunged from my record in 2013, the 2nd in 2016 I only had to pay a fine, and the last in May 2017 an attorney got it changed to a different charge). The latter is what is bothering me, I put on my application it was a speeding ticket (which it was initially) however, my lawyer who dealt with the case had it changed to a "operating a motor vehicle with defective equipment" which I plead guilty to and paid a fine. He said that it is not criminal in anyway, nor would it show up on my driving record. I had plead guilty on August 29th of 2017, which I was actually in the UK during this time on a short term student visa.

Will I be ok? I know there is the stipulation about guilty pleads in the last 12 months, but mine was not criminal and just protocol for the ticket? What should I do? Also, should I divulge this information to the UK government officially, all of it? I obtained a record of my in-state offenses (1, expunged) and could do so for out of state (i did undergrad in my neighboring state) no problem. What do you all think? I just do not want to come off as deceptive or get my application refused or backlogged for avoidable reasons. All of these were traffic fines and not criminal convictions (i.e misdemeanors, felonies). Any help is greatly appreciated.

Thanks.

[adlaii]

???? In USA also

[adlaii]

Hello all,

I am currently in the process of applying for my UK tier 4 visa for graduate school. In the section about traffic offenses, I disclosed all relevant offenses, or so I thought. I had three prior traffic tickets over the past 5 years (1 was expunged from my record in 2013, the 2nd in 2016 I only had to pay a fine, and the last in May 2017 an attorney got it changed to a different charge). The latter is what is bothering me, I put on my application it was a speeding ticket (which it was initially) however, my lawyer who dealt with the case had it changed to a "operating a motor vehicle with defective equipment" which I plead guilty to and paid a fine. He said that it is not criminal in anyway, nor would it show up on my driving record. I had plead guilty on September 29th of 2017, which I was actually in the UK during this time on a short term student visa.

Will I be ok? I know there is the stipulation about guilty pleads in the last 12 months, but mine was not criminal and just protocol for the ticket? What should I do? Also, should I divulge this information to the UK government officially, all of it? I obtained a record of my in-state offenses (1, expunged) and could do so for out of state (i did undergrad in my neighboring state) no problem. What do you all think? I just do not want to come off as deceptive or get my application refused or backlogged for avoidable reasons. All of these were traffic fines and not criminal convictions (i.e misdemeanors, felonies). Any help is greatly appreciated.

Thanks.

[adlaii]

I also have a fully typed out document regarding the tickets and explaining them / the fines incurred. I also have included definitions of "infractions" per my state's law (USA). None of them are anything more than an infraction.

[USAStudent]

I don't know, but they should give you the visa just for being so honest. Traffic infractions are so unimportant, as long as there is no reckless driving or DUI (which are misdemeanors, not infractions). Include the letter with your application and emphasize that the violations were minor and constituted "infractions" only-- that is what I would do.

[adlaii]

That’s exactly what I did. I thank you for your reassurance. Documents were sent out Monday. Hopeful for good news soon!

[sah10406]

If it is recorded on your criminal record, it is grounds for a discretionary refusal, not mandatory See Part 9 of the immigration rules, paragraph 320(7BB):

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused
...
(18A) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record;

You could have removed any risk by delaying your application so it was decided on or after 29 August 2018.