PSW Refusal - Failure to declare traffic offence

seanfrost1 · Post by **seanfrost1** » Tue Mar 10, 2009 9:18 pm

Goodday,

I have been in the UK since December, 1999 on a student Visa. I have been constantly renewing my student Visa throughout my studying from College to BSc degree up to Masters Degree.

I completed my Masters degree from a wellknown university in Sept 2008. After completion, I applied for the Post-Study work (PSW) visa in november.

On 6th March 2009, I receieved a refusal letter from the UKBA. The reason given was that I failed to disclose a criminal conviction in my application, therefore the case worked concluded that I applied with deception.

Since I have been in the UK, I have never been involved in any criminal activity and have never had a criminal record. The only problem I had was a traffic offence where I drove due to an emmergency while being disqualified from driving in 2004. I was asked to work in a charity shop for 8 weeks which I did. Now, this could be the criminal conviction they were referring to. Since 2004, I have been renewing my student visa and never included this incident in the form as i believed it was not a criminal offence and had always have my student visa renewed.

Although, they said I have been awarded all the points required for PSW but they have also included an appeal form in the letter that I receieved.

Any advice please???

phoenix777 · Post by **phoenix777** » Tue Mar 10, 2009 9:55 pm

seanfrost1 wrote:Goodday,

I have been in the UK since December, 1999 on a student Visa. I have been constantly renewing my student Visa throughout my studying from College to BSc degree up to Masters Degree.

I completed my Masters degree from a wellknown university in Sept 2008. After completion, I applied for the Post-Study work (PSW) visa in november.

On 6th March 2009, I receieved a refusal letter from the UKBA. The reason given was that I failed to disclose a criminal conviction in my application, therefore the case worked concluded that I applied with deception.

Since I have been in the UK, I have never been involved in any criminal activity and have never had a criminal record. The only problem I had was a traffic offence where I drove due to an emmergency while being disqualified from driving in 2004. I was asked to work in a charity shop for 8 weeks which I did. Now, this could be the criminal conviction they were referring to. Since 2004, I have been renewing my student visa and never included this incident in the form as i believed it was not a criminal offence and had always have my student visa renewed.

Although, they said I have been awarded all the points required for PSW but they have also included an appeal form in the letter that I receieved.

Any advice please???

what i think is that they intentionally refuse you because you will fall under ILR if given 2 years visa. whoever near to 10 years they try to seek minor mistake on which they can refuse you.
anyway they play by the rules.

but you should have disclosed the fact. it's not going to affect your visa process.

anyway you have given chance for appeal. talk to good law firm. that's the only way.

Wanderer · Post by **Wanderer** » Tue Mar 10, 2009 10:58 pm

Driving while disqualified is a pretty serious offence emergency sitrep or not. Did u go to court?

pure_soul · Post by **pure_soul** » Tue Mar 10, 2009 11:49 pm

[quote="seanfrost1"]Goodday,
Since I have been in the UK, I have never been involved in any criminal activity and have never had a criminal record. The only problem I had was a traffic offence where I drove due to an emmergency while being disqualified from driving in 2004. I was asked to work in a charity shop for 8 weeks which I did. Now, this could be the criminal conviction they were referring to. Since 2004, I have been renewing my student visa and never included this incident in the form as i believed it was not a criminal offence and had always have my student visa renewed.
quote]

Not disclosing your criminal conviction for which you have served already was and is your biggest mistake. Why would you want to hide that? You were just lucky that your student visas were not refused.

Now what you can do is appeal and admit your mistake in front of the judge with apologies. Say that you didn't intend any deception by holding back info. about previous conviction. Also that you thought it was not necessary to disclose about this particular conviction as you have already served your time. You thought that since all your previous visas have been fine this one would be ok too. Take any paper work, if any, you have from your previous conviction proving that you have served your time. I am sure you will be fine.

Good luck

confusedhsmp · Post by **confusedhsmp** » Wed Mar 11, 2009 1:41 pm

You have good chance of winning the appeal.

Get a good city lawyer and ask them to hire a barrister!

best of luck.

dextar · Post by **dextar** » Wed Mar 11, 2009 5:47 pm

Wanderer wrote:Driving while disqualified is a pretty serious offence emergency sitrep or not. Did u go to court?

It is a serious offence i.e traffic offence but its not a CRIMINAL OFFENCE.

seanfrost1 · Post by **seanfrost1** » Wed Mar 11, 2009 8:28 pm

Thank you so much guys....

Wanderer · Post by **Wanderer** » Wed Mar 11, 2009 9:46 pm

dextar wrote:
Wanderer wrote:Driving while disqualified is a pretty serious offence emergency sitrep or not. Did u go to court?
It is a serious offence i.e traffic offence but its not a CRIMINAL OFFENCE.

If it went to court it is. The OP doesn't tell us tho....

uik · Post by **uik** » Tue Apr 14, 2009 4:10 pm

Hi Guys !

I have recently got into some trouble with the traffic police regarding my car insurance,. Basically a friend of mine runs a Pizza shop who asked me to deliver one of his order as he was quite bussy. I, as a favour, delivered the pizza but on my way back i got pulled over by traffic police. He saw the empty pizza bags and asked me if I was delivering the pizza. I stated honestly that was not my job and I was just doing that as a favour. He took my details, everything was fine; road tax, MOT, car's condition and I even had full insurance (social and domestic pleasure). However he said that I didn't have business insurance and at that particular instance I was using my car for business purpose. For that reason he gave me 6 points and a Â£200 fixed penalty fine. In addition to that he also took my car and I had to pay another Â£190 to get the car released. I asked the officer that even though I don't have business insurance but I still had the insurance to drive my car to my house but he said that he was taking my car as an additional further punishment. But the biggest problem I now have is my UK driving license is less than 2 years old and 6 points mean that l will have to lose my license. I intend to take my case to court but the chances of winning are very slim.

If I do get 6 points on my licesnse and the reason being "Driving without adequate insurance"; what will be the implications on my Tier 1 (General) Migrant visa extension application (my current visa expires in April 2010). I have been told by a friend of mine that his mate's ILR visa got rejected cuz he had 3 points on his license for speeding. Guys ! Could you please shed some light on that issue.

Regards,

uik · Post by **uik** » Thu Apr 23, 2009 12:27 pm

Hi Fellas,

Could somebody please respond to my query above.

Thanks.

yasa · Post by **yasa** » Fri Apr 24, 2009 10:53 am

uik wrote:Hi Fellas,

Could somebody please respond to my query above.

Thanks.

Dude cant say anything regarding 3 points on licence and ILR refusal. most of them are made up stories nothing else. Simply declare your offense and its gonna be fine.

matttam027 · Post by **matttam027** » Tue Apr 28, 2009 11:43 pm

i have got my hearing today and will get the decision within two weeks time, i will keep everyone update.

uik · Post by **uik** » Wed Apr 29, 2009 10:04 am

matttam027 wrote:i have got my hearing today and will get the decision within two weeks time, i will keep everyone update.

Hi Mate !

Against what offence do you have to attned this court hearing ? Whatevere that is, I wish you win your case.

Cheers,

UIK

matttam027 · Post by **matttam027** » Thu May 14, 2009 4:44 pm

my appeal is allowed and anyone want my help, just send me a message coz i know what documents are useful for your case...

uik · Post by **uik** » Fri May 15, 2009 9:51 am

Hi Mate !

Congratulations. But same question again, against what offence did you have to attend a court hearing ? Also, could you please give me some advice regarding my issue i.e. DRIVING WITHOUT BUSINESS INSURANCE & GIVEN 6 POINTS, NOW I HAVE TO ATTEND A COURT HEARING THAT COULD LEAD TO MY LICENSE CANCELLATION AS MY LICENSE WAS LESS THAN 2 YEARS OLD.

I have read on home office website that driving while uninsured is a major offence and your visa application is likely to be refused for that offence. But that was for briitish passport & indefinite leave applications. I am not sure if the same applied for Tier 1 extension application.

A prompt reply will be highly appreciated,

Cheers

matttam027 · Post by **matttam027** » Fri May 15, 2009 5:33 pm

my offence was drink driving so i dun think you need to worry. If you need further help please PM me.

fazal · Post by **fazal** » Fri May 15, 2009 9:35 pm

well man thats not a big issue i feel sorry for your situation

naveen_leeds · Post by **naveen_leeds** » Thu Jul 02, 2009 9:08 pm

hi i am naveen had applied my hsmp extension on tire 1 genral visa as i am qualified for hsmp points but my application as been refused as i did not tick yes in the colume regrding traffic offence home office as given 95 points for my application which i will be qualified but my application is refused on traffic offence (my traffic offence was not drving with valid driving licene for which i have attended court where ii have got Â£50.00 fine and three points on y licence ) so can some help who are already scuessfull in this kind of situation ,any valuble advice will be appreciated as my appeal is to end on 10th of july thank you

Naveen

naveen_leeds · Post by **naveen_leeds** » Sun Jul 05, 2009 2:44 pm

Pls can you help me in finidng out how to make an appeal and what documents are needed for appeal
Please donot hesitate to contact me at Email: naveen_tou@yahoo.co.in

Thank you

uik · Post by **uik** » Thu Dec 17, 2009 10:14 am

Guys !

I am delighted to inform you that I was acquitted of my charges yesterday and was found to be NOT GUILTY by the court. Just to remind everyone that the offence was "Driving without Business Insurance". That means that the 6 points on my license have been removed and I do no have to pay the penalty fine of Â£200. Also I will be able to cliam back the Â£600 I pais to my solicitor.

If any friend has a similar problem and need any assistance then please let me know and I will be happy to help.

Regards,

UK

macbookpro · Post by **macbookpro** » Mon Jun 07, 2010 3:51 pm

matttam027 wrote:my appeal is allowed and anyone want my help, just send me a message coz i know what documents are useful for your case...

hi, matttam, got similar problem here(no insurece and driving licence), need you help! could you plz teld me your lawer contact details as well.

many tanks!!

meghat · Post by **meghat** » Mon Jul 19, 2010 9:48 pm

Hi,

What happened to your appeal then? I am in the same situation?

sabrinakhan · Post by **sabrinakhan** » Tue Jul 20, 2010 8:38 am

hi
i am in the same situation as u are my visa was rejected because i did not mention my driving offence (driving without no insurance and driving licence
..can you tell me what documents to subbmit please

Immigrationboards.com: Immigration, work visa and work permit discussion board

PSW Refusal - Failure to declare traffic offence

PSW Refusal - Failure to declare traffic offence

Re: PSW Refusal - Failure to declare traffic offence

Re: PSW Refusal - Failure to declare traffic offence

Court Hearing

Help for hsmp extension refusal based on traffic offence

fogot to disclose the material fact

NOT GUILTY

UK Refusal Appeal

hi