Driving convictions

[member999]

I think there are many people out there confused about driving offences and disclosing on appllication form. I just wodered if generous people could put down their experiences as to disclosing the offence and the outcome in this thread. Here I start

Driving offence- driving without insurance and inaccordance to licence- Convicted by court March 2006
6 points
£250 fine
no ban
I did not disclose the conviction in my FLR form in Nov 2006- got FLR approved

I am not sure I should or should't disclose whilst applying for extension- Nov 2008 (probably I will)


I found this one

http://www.immigrationboards.com/viewto ... conviction

any other experiences please

[hraina]

hello member999,

if the conviction was done in the court then you should declare it. if it was a 'fixed penalty' conviction (outside court) then you do not have to declare it.

[hussainkothari]

You must see this -

http://www.immigrationboards.com/viewto ... d+criminal

[niw2]

1. I do not see why people have so much difficulty determining what is and is not a "criminal conviction". In virtually any country, if you are taken before a Court, enter a guilty plea (or are found guilty by a jury), and are sentenced, you have a criminal conviction. People seem to have developed this idea that a "driving conviction" is not a criminal conviction. It is. It is just often a relatively minor form of conviction.

2. Convictions were previously not relevant to HSMP applications but were relevant at the entry clearance stage. Now that the two have been joined into Tier 1, convictions remain relevant in the same way (ie. for determining whether you are a suitable person to be granted a visa). The conviction should, I suggest, have been declared when you applied in the first place. As stated, see the above url.

[geriatrix]

You declare it - and depending on the seriousness of your offence, UKBA may consider the offence insignificant to the application or (at worst) might attach a condition to your leave.

You hide it - and if UKBA finds out that you have hidden facts they might slap you with a ban from entering UK!!

Which will hurt you more?? Think !!



regards

[member999]

being bit sneaky

How will they find out if my CRB is clear and if it is not in National Database. I called up police after conviction and they told me my convictions were not serious enough to but in their database.

I am sure people are going to get cheesed off but just an honest experience with anyone whose convictions were discovered even without any mention of it in CRB?

[Jackie123]

How will they find out if my CRB is clear and if it is not in National Database. I called up police after conviction and they told me my convictions were not serious enough to but in their database.

If the judgement came from a court, then they can easily find out basis of your sirname, date of birth and Date of Offence.

So don't under estimate them. Be truthful and mention about the same in form. But you can definitely explain in detail in the covering letter or a separate sheet.

Well this is my personal opinion. Rest is up to you.

All the best!

[sonnyblack112]

Does it make any difference if someone has received a conviction for driving without insurance through a FIXED Penalty (6 points & 200 fine) rather than appearing in front of the court? Would one have to declare it on the Naturalisation Form and if so how would it affect outcome?

[niw2]

Infringement notices issued by officers at the roadside, such as speeding tickets and parking tickets, which do not involve criminal prosecution before a Court, are different. They are irrelevant for immigration purposes.

Although in your post you refer to people receiving convictions at the roadside, I suspect that you are describing nothing more than infringement notices. It would be highly unusual for a criminal conviction to be entered against a person's name without the matter going before a Court.

Nevertheless, if your application depends on it, I suggest taking the simple (and often free) process of obtaining a copy of your criminal record, which will show any and all convictions that have been recorded against you.

[NutanRaj]

I think there are many people out there confused about driving offences and disclosing on appllication form. I just wodered if generous people could put down their experiences as to disclosing the offence and the outcome in this thread. Here I start

Driving offence- driving without insurance and inaccordance to licence- Convicted by court March 2006
6 points
£250 fine
no ban
I did not disclose the conviction in my FLR form in Nov 2006- got FLR approved

I am not sure I should or should't disclose whilst applying for extension- Nov 2008 (probably I will)


I found this one

http://www.immigrationboards.com/viewto ... conviction

any other experiences please

Hi
you better to delcare it...2 of my friends (one is 3 and other one 6 points for non insurance) applied for their extension...they declared it on their form and send all the documents which they got for the driving offence...

they were in tension after 4 weeks they got their passport back with beautiful words 'S T A M P E D' So you better declare it...
just they will update their records...

they will not throw you out of the country...

Hope this helps you

[niw2]

Despite the above poster's suggestion, I would not needlessly jeopardise or complicate my application by incorrectly stating that I have a criminal record! This is an area where, in my opinion, it pays to be sure of the facts before applying. Obtaining a copy of your criminal record (as stated above, this is typically free) will tell you with absolute certainty whether or not you have any convictions that need to be declared.

[Frontier Mole]

The problem with getting a copy of your criminal record is that it does not show everything that is on PNC. There is a subtle difference between the two documents. You will not get hold of your PNC as it contains sensitive information that is excluded from DPA disclosure. There is a disclosable PNC version that contains actionable events - essentially your convictions, fines etc. Guess what version UKBA get when they do a PNC - the whole deal, current & spent convictions, everything else even cautions and more besides.

Do not believe for one minute that UKBA can not get hold of your information, minor motoring offences show up along with cautions and everything else. Checks are far more rigorous than before and performed as a matter of routine.

As an aside CRB does not show spent convictions as it is designed to meet the needs of the rehabilitation of offenders act. In other words CRB is not there to drag you through the mud. PNC on the other hand is a complete record of your offending and is designed as a permanent record.

[niw2]

Be that as it may, he cannot be penalised for ticking "no I have no criminal convictions" if he has no criminal convictions to declare. If he has any criminal convictions to declare (as distinct from infringement notices or warnings), they will be apparent on his criminal record transcript.

Applicants must be at pains to be honest when completing immigration applications, but applicants who needlessly tick "Yes I have criminal convictions" are making extra work for the caseworker assigned to their application, identifying themselves as applicants who require additional scrutiny, and are in no way assisting their application.

Naturally, it comes down to the applicant's decision but my discussions with immigration caseworkers yields the information I have outlined in my posts above.