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Bizarre predicament...Help!!!

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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anakin
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Joined: Thu Sep 24, 2009 8:33 pm

Bizarre predicament...Help!!!

Post by anakin » Thu Sep 24, 2009 8:39 pm

I don’t know if anyone has ever faced a strange case as me, I am really worried sick thinking about the consequences. To cut a long story short, I was caught by the cops last month driving an uninsured car on provisional license. Before you start to shoot me down, it is something which I still regret to this very day. I have had a clean record till this incident happened. Moving on, I booked my HSMP to Tier 1 extension, in person application (for myself and dependant) on 30 October and to my incredibly bad luck I have now received court summons for 26 October. I am really worried now that my application could get rejected, since I am sure (though I am hoping against hope) there is going to be a court conviction.

So forum experts, what are my chances of getting an extension?

Is the court conviction immediately recorded on the police & court systems? I am planning to disclose the conviction so as to not be held responsible for withholding information.

What information does the Home Office look for in my Tier 1 application when it comes to court convictions?

Would also greatly appreciate helpful hints if it all goes pear shaped for me during the extension appointment, are there any alternatives I can pursue to get the extension. :cry:

push
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Location: London
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Re: Bizarre predicament...Help!!!

Post by push » Thu Sep 24, 2009 9:22 pm

anakin wrote:I don’t know if anyone has ever faced a strange case as me, I am really worried sick thinking about the consequences. To cut a long story short, I was caught by the cops last month driving an uninsured car on provisional license. Before you start to shoot me down, it is something which I still regret to this very day. I have had a clean record till this incident happened. Moving on, I booked my HSMP to Tier 1 extension, in person application (for myself and dependant) on 30 October and to my incredibly bad luck I have now received court summons for 26 October. I am really worried now that my application could get rejected, since I am sure (though I am hoping against hope) there is going to be a court conviction.

So forum experts, what are my chances of getting an extension?

Is the court conviction immediately recorded on the police & court systems? I am planning to disclose the conviction so as to not be held responsible for withholding information.

What information does the Home Office look for in my Tier 1 application when it comes to court convictions?

Would also greatly appreciate helpful hints if it all goes pear shaped for me during the extension appointment, are there any alternatives I can pursue to get the extension. :cry:
Conviction does not necessarily lead to rejection of VISA. Just declare it in your application. The repercussions of hiding material information are grave.
regards,
push
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confusedhsmp
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Post by confusedhsmp » Fri Sep 25, 2009 10:20 am

I would advice that you write to the case worker advising on this issue and also complete the relevant page again sign at the bottom and send it, BEFORE A DECISION IS MADE!!! Hopefully this should resolve it all.

innocentdevil
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Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Fri Sep 25, 2009 11:57 am

speeding fines is a different story and I do have speeding points on my license. But I have to mention driving without insurance comes under Criminal activity because you are endangering the other public and not taking due care. It then adds to burden of MiB.

Did you say you were on provisional license. You are not supposed to drive on provisional at all.

But again you should mention it and I don't think it should case any issue.

Good luck. If you require more help with motoring offences, let me know.

ID

tomkin
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Post by tomkin » Fri Sep 25, 2009 12:13 pm

innocentdevil wrote: You are not supposed to drive on provisional at all.
What are you supposed to do with provisional then :?:

innocentdevil
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Post by innocentdevil » Fri Sep 25, 2009 12:54 pm

nileshratan wrote:
innocentdevil wrote: You are not supposed to drive on provisional at all.
What are you supposed to do with provisional then :?:

A provisional license only allows you to drive when you have a person sat with you who has his license over 3 years old and has insurance otherwise you never drive.

If you want to drive, you have to pass your full license including theory test and then pay out insurance for the vehicle and make sure the vehicle is taxed as well then you are legal to drive it.

anakin
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Joined: Thu Sep 24, 2009 8:33 pm

Please clarify

Post by anakin » Fri Sep 25, 2009 7:40 pm

confusedhsmp wrote:I would advice that you write to the case worker advising on this issue and also complete the relevant page again sign at the bottom and send it, BEFORE A DECISION IS MADE!!! Hopefully this should resolve it all.
When do I write to the case worker, is it at the time of my in person application along with the cover letter.
There is already a section on the application form asking for details about conviction, etc. If I mention it there, isnt that enough?
Also, BEFORE A DECISION IS MADE, you mean before the case worker makes the decision, right?

Also, on this forum I have seen a case where a person was banned from driving (I am assuming that was done by court and was also endangering) but still got HSMP and extension, so I still have hope!

confusedhsmp
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Re: Please clarify

Post by confusedhsmp » Fri Sep 25, 2009 8:26 pm

anakin wrote:
confusedhsmp wrote:I would advice that you write to the case worker advising on this issue and also complete the relevant page again sign at the bottom and send it, BEFORE A DECISION IS MADE!!! Hopefully this should resolve it all.
When do I write to the case worker, is it at the time of my in person application along with the cover letter.
There is already a section on the application form asking for details about conviction, etc. If I mention it there, isnt that enough?
Also, BEFORE A DECISION IS MADE, you mean before the case worker makes the decision, right?

Also, on this forum I have seen a case where a person was banned from driving (I am assuming that was done by court and was also endangering) but still got HSMP and extension, so I still have hope!
have you already made an application at home office? if yes them follow my advice. if no then do at the time of application. Dont worry you will get your extension as long as you declare. i had friend who was driving on provisional without mot tax or insurance...didnt get any conviction..only points and even got visa extension.

Sleep well..

mvent00
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Re: Please clarify

Post by mvent00 » Fri Sep 25, 2009 8:51 pm

A friend of mine was refused because of this. Again, as we say, depends on case worker. You should declare it and you can also try to explain to the case worker about what made it so urgent that you went on for driving without important documents. In some countries, it can put you in prison for one year. Good luck.
confusedhsmp wrote:
anakin wrote:
confusedhsmp wrote:I would advice that you write to the case worker advising on this issue and also complete the relevant page again sign at the bottom and send it, BEFORE A DECISION IS MADE!!! Hopefully this should resolve it all.
When do I write to the case worker, is it at the time of my in person application along with the cover letter.
There is already a section on the application form asking for details about conviction, etc. If I mention it there, isnt that enough?
Also, BEFORE A DECISION IS MADE, you mean before the case worker makes the decision, right?

Also, on this forum I have seen a case where a person was banned from driving (I am assuming that was done by court and was also endangering) but still got HSMP and extension, so I still have hope!
have you already made an application at home office? if yes them follow my advice. if no then do at the time of application. Dont worry you will get your extension as long as you declare. i had friend who was driving on provisional without mot tax or insurance...didnt get any conviction..only points and even got visa extension.

Sleep well..

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Fri Sep 25, 2009 9:19 pm

explain your circumstances and leave it for best to happen. never hide anything declare the truth and you will succeed.

anakin
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Joined: Thu Sep 24, 2009 8:33 pm

Post by anakin » Sat Oct 24, 2009 9:53 pm

Guys, thanks for your replies but here is an update on my situation. I sent my guilty plea by post and I will not be aware of my conviction since it takes a couple of weeks before the decision made by the judges comes thru. I am wondering now what do I put in my application since I have no idea about my conviction. Is it just okay to mention the list of offences that I was charged with?
Ideas, suggestions welcome!

innocentdevil
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Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Mon Oct 26, 2009 12:29 am

anakin wrote:Guys, thanks for your replies but here is an update on my situation. I sent my guilty plea by post and I will not be aware of my conviction since it takes a couple of weeks before the decision made by the judges comes thru. I am wondering now what do I put in my application since I have no idea about my conviction. Is it just okay to mention the list of offences that I was charged with?
Ideas, suggestions welcome!
you could just write down "awaiting court orders about what happened (explain)". that should do the job

nksg
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Post by nksg » Mon Oct 26, 2009 1:23 pm

You have not been convicted yet as court is to make a decision.

The best bet would be to explain your situation on the cover letter and take the police documantation with you. Since there is no conviction has been passed, dont declare on the form.

I have been through similar situation and my case was approved.
anakin wrote:Guys, thanks for your replies but here is an update on my situation. I sent my guilty plea by post and I will not be aware of my conviction since it takes a couple of weeks before the decision made by the judges comes thru. I am wondering now what do I put in my application since I have no idea about my conviction. Is it just okay to mention the list of offences that I was charged with?
Ideas, suggestions welcome!

anakin
Newly Registered
Posts: 14
Joined: Thu Sep 24, 2009 8:33 pm

Happy bunny!!!

Post by anakin » Mon Nov 02, 2009 6:57 pm

Guys, just to let you I got my Tier 1 extension on 30 October for 3 sweet years ...woohooo!!!
The caseworker just asked me about my date of offence and didn’t seem much bothered.
So friends, please do not hesitate and hide any facts when it comes to disclosing any convictions or court summons (traffic or otherwise), honesty is always the best policy!
Many thanks to the forum gurus for giving the right guidance ...keep up the good work!

InUkOnHsmp
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United Kingdom

Post by InUkOnHsmp » Mon Nov 02, 2009 7:20 pm

Congrats anakin. You did the right thing. The next best thing after doing something wrong is to own up to it.

Although it does depend on the case-worker, I think honesty always is the best policy all factors considered.

I hope now you will not drive alone on a provisional and without insurance, mot, or road tax :)

Regards
Challenges make life worth it!

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