Difference Between Criminal Conviction And Criminal Offence

[LeoLion]

Can anyone explain the difference between a Criminal Conviction and a Criminal Offence.



I served a ban of 12 months in my home country as I left UK Voluntarily wholly on my own expense after withdrawing my appeal


My application was refused on grounds that Cambridge College Of Learning never ran a legitimate PGdip in Business MGMT


Will this case come under criminal conviction or criminal offence ?

[kkj]

Its may be a crimnal activity for CCL but not yours!

If you were studying in a college who was not affiliated with any university, thats not a crime. But if you fill out application for LTR to UKBA and your college become bogus there is only punishment of bans of 1,5 and 10 years as per the way you leaving UK. This is the point till immigration laws apply.

So if you leave volunterily on your own expenses, after one year you can re-apply for a visa they cannot impose 320(7B) on you but your application is most likely to be refused by UKBA under section 320(11).

If you application will be refused under section 320(11), only a good immigration lawyer can help you.

[LeoLion]

Thanks for your reply so with what you've just mentioned in my understanding in my case it was NIETHER a CRIMINAL OFFENCE nor a CRIMINAL CONVICTION ..........Anyone else like to ellaborate this ?


Thank you in anticipation !

[geriatrix]

Neither. But, as suggested above, there is no guarantee that entry clearance will be granted. Under which section of immigration rules were you refused? Were you charged with deception?

And, please don't make multiple posts on the same topic.


regards

[LeoLion]

Sorry for duplicate posts my bad... now Sush Section 320 7 (b) was applied same as applied on all Ex- CCOL ( Cambridge College of Learning ) Students

I am unclear if it is a criminal conviction or criminal offence or niether of the two..

Please ellaborate

Cheers !

[LeoLion]

and yes charged with deception .. Sec 320 7 (B) but in my appeal I told homeoffice that I was mislead by CCOL authorities and people connected with the College circumstances got out of control I was really stressed with what had happened I withdrew my appeal and came back to my home country Voluntarily wholly on my own expense .

My solicitor sent a letter to home office ( My Case worker ) informing with the same and also mentioned that I'd be applying student visa as I wish to come back to UK to complete my education if I was granted admission in a (HIGHLY TRUSTED SPONSOR) Education Provider.

Now I don't have any idea whatsoever if this CCOL carries any Criminal Conviction or Criminal Offence as their are 2 questions relating to conviction and offence in VAF9 Form ( Student visa application )


In a nutshell I don't want to falsify , holdback or hide any details from the Home office.

[geriatrix]

If you were accused of deception, then unless you disprove the charges entry clearance may not be granted.

RFL5.2 When must I refuse under paragraph 320?
RFL5.3 How long are applicants automatically refused for?


regards

[LeoLion]

Thanks Sush I really appreciate you taking time to reply my posts now with what you've suggested I understand that :

(A) ECO cannot refuse my application under sec 320 7 (B) as the automatic / Mandatory period for refusal has expired in my case as I served ban in my home country for over 12 month by now ( I left Voluntarily after withdrewing my appeal on wholly my own expense )

(B) I don't have criminal conviction nor have I commited a criminal offence

(C) Section 320 ( 11 ) can / might be applied by ECO hence there is a strong chance Home office refuses my Fresh Student Application by Applying Sec 320 ( 11 ) (Previously contrived in a significant way to frustrate the intention of immigration rules )


Now having said that lets suppose they do apply Sec 320 (11) I can always appeal by tellingthem the truth that obviously was misguided by CCOL authorities and people connected with the Infamous college. And I have been granted admission in one of the Highly Trusted Sponsor ( University)
I should be given a chance of completing my Studies


What you suggest ...what are my chances ?


Because if not it looks like a lifetime ban !

Regards

[LeoLion]

I'd like to request avjones to comment on this one too !


Regards.

[JKMEMON]

Can anyone explain the difference between a Criminal Conviction and a Criminal Offence.



I served a ban of 12 months in my home country as I left UK Voluntarily wholly on my own expense after withdrawing my appeal


My application was refused on grounds that Cambridge College Of Learning never ran a legitimate PGdip in Business MGMT


Will this case come under criminal conviction or criminal offence ?

Hi Leo,

If I may comment on your case.

According to the comments so far has been posted, I think the 3207b will apply to all your future applications except if you apply as a spouse of British national or EEA national family member.

It is regrettable that you withdrew your appeal, you should have stand in the court and told the judge the truth. The judge's decision could have decided what future implications you could have had. By withdrawing the appeal you actually supported the Home office refusal taken against you.


Regards
JKMEMON

[LeoLion]

Thanks JkMemon .... but with my understanding you see Sec 320 7 (b) cannot be applied twice as I left UK Voluntarily on my own expense and have already served a ban of over 12 months !


But yes Sec 320 (11) may be applied ( previously used deception )
I wanted to go to court when I appealed and tell the Judge how people connected with CCOL misguided me ......but at that time I was so depressed and stressed and had some domestic issues back home and most importantly the appeal had already taken so much time that I decided to leave UK and comeback to my home country.

Then again can I not appeal again even if they refuse my fresh student Visa ?

[geriatrix]

Staying outside UK for a year and not applying for a visa during that 1 year doesn't absolve you from deception charges.

Consider seeking advice from a competent solicitor as you seem to be unable to understand the rules or recognize the seriousness of the issue.


regards