Tier 1 rejected, Appeal submitted, visa expired..can i work?

srinivasgunda · Post by **srinivasgunda** » Wed Jul 30, 2008 1:41 pm

Hi
One of my other friend also in same situation. He declared his court conviction of 60Â£ fine and 3 points on his license.He also sent the court conviction letter...He got his visa stamped in 20 days...So i think by declaring it will be helpful to us....Hope it is a good news for people who are in this kind of situation...

thanks

apply4hsmp · Post by **apply4hsmp** » Wed Jul 30, 2008 3:49 pm

what about spouse criminal offences ? if ones spouse has a shop lifting offence will it cause any problems for the main applicant ?
does that need to be declared ? is there such a section of declaration ?

hskhan2008 · Post by **hskhan2008** » Wed Jul 30, 2008 4:19 pm

apply4hsmp wrote:what about spouse criminal offences ? if ones spouse has a shop lifting offence will it cause any problems for the main applicant ?
does that need to be declared ? is there such a section of declaration ?

I think any offence that is fined by Court, must have to mention on the applicaton

Jackie123 · Post by **Jackie123** » Wed Jul 30, 2008 8:01 pm

Hi
One of my other friend also in same situation. He declared his court conviction of 60Â£ fine and 3 points on his license.He also sent the court conviction letter...He got his visa stamped in 20 days...So i think by declaring it will be helpful to us....Hope it is a good news for people who are in this kind of situation...

Hi Srinivas,

It is a great relief. Thanks for the information.

Did ur friend declared this offence in the initial HSMP application or this offence was after his initial application.

Actually I am in a simialr situation. But I didn't declared my speeding ticket in my initial HSMP FLR and the application was successful. It was mere a mistake at my end.

Do you think, its gonna be a problem now in extension..Any help will be much appreciated..

Senior members--Any comments

Many thanks.
Cheers!
Jackie

srinivasgunda · Post by **srinivasgunda** » Thu Jul 31, 2008 10:28 am

Hi Jackie,
I think still it is worth to declare...In My friend case it was happened before his initial application but i think at that time (in 2006 April) there was no column to declare the motor offences (but i am not sure)...

He declared for his extension(before declaring he send a mail to Home office and confimed that it is not going to be a problem as long as you give correct and genuine informaton for traffice offences)...So he declared and got the visa stamped for 3 years...He received his papers in 20 days...

I think it is worth while making a call to Home office and finding information for your satisfaction...

Regards
Srinivas

Jackie123 · Post by **Jackie123** » Thu Jul 31, 2008 7:32 pm

Posted: Thu Jul 31, 2008 9:28 am Post subject: Traffic Offences

--------------------------------------------------------------------------------

Hi Jackie,
I think still it is worth to declare...In My friend case it was happened before his initial application but i think at that time (in 2006 April) there was no column to declare the motor offences (but i am not sure)...

He declared for his extension(before declaring he send a mail to Home office and confimed that it is not going to be a problem as long as you give correct and genuine informaton for traffice offences)...So he declared and got the visa stamped for 3 years...He received his papers in 20 days...

I think it is worth while making a call to Home office and finding information for your satisfaction...

Hi Srinivas,

Thanks so much for the reply. Even I applied my application in mid 2006 and am sure, in FLR there was section to declare traffic offense or any other type of conviction.
But as you mentioned, I would check directly with HO and I hope it should be allright for me as well.

Many thanks again...Cheers! Jackie

1971 · Post by **1971** » Fri Aug 01, 2008 2:13 pm

Dear All,

It means be careful when you are completing the forms. Don't mistranslate or assume that what statements are in "English" on the forms. If you don't understand, please, feel free to post on the forum. Anyone can advice you on this forum and you can pick up on several related threats. All the same, Only God will help us in this country. It seems to me - "Its a second SL...RY" with all the hussle and bustling, and retrospective and backward changes...

Moral of the story: Keep your eyes open for other best opportunities out of this country if possible. Keep it Safe and Real.

~1971.

srinivasgunda · Post by **srinivasgunda** » Mon Aug 04, 2008 2:45 pm

Hi Jakie

Pl let us know if you hear any thing from HO (mail or phone)
Regards
Srinivas

Jackie123 · Post by **Jackie123** » Mon Aug 04, 2008 7:41 pm

Pl let us know if you hear any thing from HO (mail or phone)

Hi Srinivas,

I sent a mail to HO but no success. Will send another mail and will let the forum know about the output.

Do you also have a similar situation and what are you planning to do?

Thanks.
Jackie

srinivasgunda · Post by **srinivasgunda** » Tue Aug 05, 2008 8:26 am

Jakie,
I send my application last week.I have declared the traffic offence on my application and send the fixed penalty slip(also included the Driving counter part to show 3 points).Waiting for the result and update the forum once i hear from them...

Thanks
Srinivas

pcb_in · Post by **pcb_in** » Tue Aug 05, 2008 10:58 pm

Hi All,
sorry for wrinting a big message, I wanted to put my point clear so that some can understand and suggest accordingly.
I am going to apply for extension during end of this months. I got parking ticket by UKPC(private parking ticket) for the car park which is free for 3 hours for retail users. I parked my car only for 1.5 hours but after 15 minuts of parking I got a notice that I have left the site for which the ticket is issued and after couple of days a parking charge of 90 pound was sent to me by post.
Althoug I deny this charge because I was in shop (but did not baught any thing as prooff.) Therefore, I am in favour of challanging this ticket. I consulted on UKPC forum. From there I was advised that I should not pay a single penny and being UKPC is private parking agency they can not go to court or recover a fine from you.

So I would request you all to advise that. Should I pay them and mention it in my FLR or not to pay them and do not mention any thing. will it be considerd as major/minor driving offence. If I pay by this friday then I have to pay only 50 % of it so please suggest me your opinion ASAP.

Thanks and Regards
PC

Jackie123 · Post by **Jackie123** » Tue Aug 12, 2008 7:26 pm

Jakie,
I send my application last week.I have declared the traffic offence on my application and send the fixed penalty slip(also included the Driving counter part to show 3 points).Waiting for the result and update the forum once i hear from them...

Thanks
Srinivas

Hi Srinivas,
I am sure you will be allright. As per my understanading and other readings in the forums, I would assume fixed penalties are not criminal offense. But its always better to be safe.
Did you mentioned anything in the covering letter though. Do you mind to PM me your covering letter.
I am planning to apply very soon. In my case, it is different as had to attend the court because I was holding foreign license at that time. I am planning to attach payment receipt for the fine and counterpart to show the points. Also I never mentioned this offense in my initial HSMP application. I believe your case is also the same. I am not sure if this would be a problem.

All the best.
Thanks.
Jackie

niw2 · Post by **niw2** » Thu Aug 14, 2008 2:10 am

I dont mean to hijack your thread but, since the subject of "what sort of convictions do I have to declare?" is one I have posted on in a few other threads, I want to do so here as well, to increase future applicants' awareness of the issue.

I put an application for HSMP extension under Tier 1. It got rejected because I failed to disclose my criminal offences which actually were minor motoring offences. I was under an impression that it need not be disclosed since they were minor offences...

Your view of the matter is incorrect. All convictions, even so-called "minor" or "traffic" convictions, must be delcared. Speeding tickets issued at the side of the road and Court-imposed convictions are two completely different things. Applicants need to fully appreciate that immigration authorities, like almost all other authorities, generally do not distinguish between "traffic" convictions and more serious convictions, such as theft or assault. All convictions must be disclosed. If they are not disclosed, and are later identified by the authorities, there can be serious penalties.

Jackie123 · Post by **Jackie123** » Thu Aug 14, 2008 9:05 pm

Your view of the matter is incorrect. All convictions, even so-called "minor" or "traffic" convictions, must be delcared. Speeding tickets issued at the side of the road and Court-imposed convictions are two completely different things. Applicants need to fully appreciate that immigration authorities, like almost all other authorities, generally do not distinguish between "traffic" convictions and more serious convictions, such as theft or assault. All convictions must be disclosed. If they are not disclosed, and are later identified by the authorities, there can be serious penalties.

Hi niw1,

I appreciate your views. But I don't think that minor traffic offences like speeding or parking tickets are similar to other covictions like theft or assalut. I would say there is a huge difference between the 2. This is again my personal view. However I still think think we should all disclose the convictions truthfully. But sometimes it is not intentional but a mere mistake for not disclosing the conviction. But I know Ignorance is no defence.

Thanks.
Jackie

mincolt · Post by **mincolt** » Fri Aug 15, 2008 8:52 am

This is the email HO sent me when i asked if i should declare speeding tickets issued on side of the road.

"Thank you for your email. As a Speeding Ticket would come under traffic offence please include details. "

I guess we better declare.

Junior0300 · Post by **Junior0300** » Fri Aug 15, 2008 10:53 am

I have 3 points on my license (MS90 : Failure to produce driving documents). Next month these points will be lifted off my license and this record will be deleted from DVLA's database (on my request).

Do I still need to declare it to Home Office at the time of my extension next year?

Jackie123 · Post by **Jackie123** » Fri Aug 15, 2008 8:12 pm

Do I still need to declare it to Home Office at the time of my extension next year?

Yes, you should declare the same in the application. As in the guidance and in the form, nowhere it says that don't mention the offence if it is older than some period or if traffic offence is removed from your driving license. It is my personal view that you should mention the same in application form. If in doubt, I would suggest drop a mail to HO and get advise from them.

Cheers!
Jackie

Jackie123 · Post by **Jackie123** » Mon Aug 18, 2008 8:00 pm

willibaba wrote:Hi all,
I put an application for HSMP extension under Tier 1. It got rejected because I failed to disclose my criminal offences which actually were minor motoring offences. I was under an impression that it need not be disclosed since they were minor offences...which was the same that I did in my earlier HSMP application which got accepted without any harm. Now during the extension on Tier1 it got stuck because I did the same mistake. An appeal has been lodged on the grounds of discretion and unintentional mistake that mean no harm or deception. I exceed my Tier1 points way easily and this nondisclosure was the only reason why my application got rejected.

I am currently working but my HSMP ran out on the 6th June. What are the options left for me to work in this country till the time there is some decision from the AIT and the hearings? As I understand an appeal preserves my right to stay in this country but does it preserve my right to work? as I understand that the process might take long time and living here is tough...

any help or advice is much appreciated,
thanks,
rgds,

Hi Willibaba,

Any updates on your application after the rejection?
Would appreciate if you could share your experiences..

Thanks.
Cheers!
Jackie

Jackie123 · Post by **Jackie123** » Sat Aug 23, 2008 11:48 pm

Jakie,
I send my application last week.I have declared the traffic offence on my application and send the fixed penalty slip(also included the Driving counter part to show 3 points).Waiting for the result and update the forum once i hear from them...

Thanks
Srinivas

Hi Srinivas,

Any update on your application..Please let me know how it is going..I will be applying in a week's time. Thanks.
Jackie.

abroruzb · Post by **abroruzb** » Fri Sep 26, 2008 2:18 am

Thank you for sharing your expirience, I have a similar offence I guess I should declare it now. I changed my vehicle but failed to transfer the insurance onto a new vehicle. So did not have a vlid insurance on a new vehicle. Hence 6 points on licence and no insurance offence,
However I will list it now,

Ya, but the damage has been done now. It was a judgement error on the applicant's part. Its a lesson for others too.[/quote]

touchsensor · Post by **touchsensor** » Sat Sep 27, 2008 2:20 pm

Hi there,

If you have a speeding ticket in another country and it has been 5 years since, do you need to declare as well? My friend is applying for PBS and need some guidance.

Please advise.

Thanks,
Touchsensor

Jackie123 · Post by **Jackie123** » Sun Sep 28, 2008 1:09 pm

Hi there,

If you have a speeding ticket in another country and it has been 5 years since, do you need to declare as well? My friend is applying for PBS and need some guidance.

Please advise.

Thanks,
Touchsensor

Hi Touchsensor,

As per the HO, if you have paid fine for the offence, the rehabilitation period is 5 years after conviction and not from the date of offence. If that's the case, you don't need to declare that.

However, to be on the safer side, I would suggest your friend to write a mail to HO and get the correct information.

I hope this helps.

Cheers!
Jackie

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