PBS Tier 1 Dependent visa refused

[Kay47]

Hi All,
I have lived in UK for 4 years. My wife is currently on a Tier 1 General valid until January 2013. I travelled down to my country before my visa runs out to apply as dependent under my wife’s tier 1 general; I was refused. I decided to re-apply providing all the documents that was necessary this time, however I was refused again based on one of the point raised in previous refusal letter.
Here is the ground that I was refused of:
Fingerprint records held in the United Kingdom confirmed that you have been convicted of at least one criminal offence that could have carried a custodial of 12 months or more. On 18/09/2009 you were convicted at Luton and South Bedfordshire Magistrates Court of ‘In charge or A Motor Vehicle With Excess Alcohol on 11/09/2009’ You were subsequently fined £65.00, had your Driving Licence Endorsed, ordered to pay costs of £85.00 and a Victim Surcharged £15.00. According to those records, under the UK’s Rehabilitation of Offenders Act 1974, that conviction is not spent. I have considered the compassionate circumstances of you application. However, I am not satisfied that they are of a sufficiently compelling nature for me to exercise the powers of discretion granted to me by paragraph 320(18) of the immigration Rules. Therefore your application has been refused under paragraph 320(18) and 319C HC395.

Please I really don’t understand, the fine was paid, my licence was endorsed and the offence still remains “Not Spent”.

Please if you could advise, I still have pending appeal of the first refusal. Do you advice I appeal the second refusal and what other documents I should include in my appeal. I would really appreciate it.
Thanks.

Regards,
Kay.

[karthik_nk]

Hi All,
I have lived in UK for 4 years. My wife is currently on a Tier 1 General valid until January 2013. I travelled down to my country before my visa runs out to apply as dependent under my wife’s tier 1 general; I was refused. I decided to re-apply providing all the documents that was necessary this time, however I was refused again based on one of the point raised in previous refusal letter.
Here is the ground that I was refused of:
Fingerprint records held in the United Kingdom confirmed that you have been convicted of at least one criminal offence that could have carried a custodial of 12 months or more. On 18/09/2009 you were convicted at Luton and South Bedfordshire Magistrates Court of ‘In charge or A Motor Vehicle With Excess Alcohol on 11/09/2009’ You were subsequently fined £65.00, had your Driving Licence Endorsed, ordered to pay costs of £85.00 and a Victim Surcharged £15.00. According to those records, under the UK’s Rehabilitation of Offenders Act 1974, that conviction is not spent. I have considered the compassionate circumstances of you application. However, I am not satisfied that they are of a sufficiently compelling nature for me to exercise the powers of discretion granted to me by paragraph 320(18) of the immigration Rules. Therefore your application has been refused under paragraph 320(18) and 319C HC395.

Please I really don’t understand, the fine was paid, my licence was endorsed and the offence still remains “Not Spent”.

Please if you could advise, I still have pending appeal of the first refusal. Do you advice I appeal the second refusal and what other documents I should include in my appeal. I would really appreciate it.
Thanks.

Regards,
Kay.

Read this: http://www.lawontheweb.co.uk/Road_Traff ... enders_Act

Endorsements
An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).