Criminal charges vs Tier1 extension

Unrip · Post by **Unrip** » Fri May 03, 2013 9:59 pm

Hi all,

There is a sticky topic called 'Criminal convictions and Tier1 extension' in the top list of this forum but it's dated 2011 which can't include the new rules. I'm trying to find out if it is now still possible to extend tier1 visa with some sort of serious criminal charges (trading standards issue) which have not yet been tried in court. I called a few professional advisors, one says - yes you can, another one says no, under new rules you won't fit the good character criteria and they will just put your application on hold in Croydon until court comes up with conviction (in negative scenario) and then they will just reject my application. I'm totally confused, please advise what the updated HO policy says about that. Thank you guys in advance!

Unrip · Post by **Unrip** » Fri May 03, 2013 11:25 pm

I think i've already found the answer which sounds fatal to me.
Immigration Rules 6 Apr 2013 Paragraph 322 1C:

'Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused'

'(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.'

As i understand this - no chance to extend Tier1 with criminal conviction issued within the last 24 months

gurrano2 · Post by **gurrano2** » Sat May 04, 2013 7:33 am

Can u tell us nature of the offence committed?

Unrip · Post by **Unrip** » Sat May 04, 2013 11:16 am

I ordered some goods for resale and they were seized by customs as counterfeit. Trading Standards came to my house and confiscated all laptops and paperwork. I am not yet pleaded guilty and i have not even heard the charges yet. But it is very likely that the trading standard's officer will turn up with charges shortly and all the legal procedure will take about one year. I was entitled to apply for ILR in February but now i can't as my application will be rejected cause of the charges. So my question was - can i extend my Tier1 visa in such situation? Seems like under new rules they will have to keep my Tier1 application on hold until all court hearings get completed and after that they will either proceed with my visa extension or will return it with a refusal.

hussainkothari · Post by **hussainkothari** » Sat May 04, 2013 4:38 pm

Hi, Can you post your link please.
As per the below link, general grounds of refusal for wrt criminal matters are only in case of ILR and not T1 -

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

(1C) where the person is seeking indefinite leave to enter or remain:
...
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Unrip · Post by **Unrip** » Sat May 04, 2013 10:04 pm

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Just scroll down to Paragraph 322 Part 1C-4

Please let me know what you think of it...

hussainkothari · Post by **hussainkothari** » Sat May 04, 2013 10:15 pm

Yeah. This is what I have been reading. I think this is only for ILR applicants. Doesn't it say so? Why do you think it is for T1G?

Unrip · Post by **Unrip** » Sat May 04, 2013 10:36 pm

But that sub-paragraph is called 'Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused', so it sounds like it does include any definite leave to remain including Tier1 (it is definite leave to remain, right?)

Unrip · Post by **Unrip** » Sun May 05, 2013 9:04 pm

Hi guys,

Anyone kindly confirm whether I understand this matter properly please.
Hope to hear from you soon

hussainkothari · Post by **hussainkothari** » Mon May 06, 2013 9:32 am

The way I read it is -

Refusal of leave to remain, variation of leave to enter or remain or curtailment of leave - This is for both Tier 1 and ILR (as ILR is also a leave to remain)

within this section 1C is only for applicable for applicants seeking ILR.

If you look thru the document, this is the only mention of "indefinite leave to enter or remain". So this paragraph of the document exclusively applies only to ILR candidates.

If we apply the logic by the way you think, it means that if you have a criminal record for any offence (including minor ones like motoring, not paying council taxes/ TV licenses on time) you are out! It didn't work this way before 2013. In fact the "Rehabilitation of Offenders Act 1974" has made spent sentences smaller and things should have got better instead of worse.

Am I making sense? But I guess you (and also I) would be more convinced if some seniors on the forum and validate our understanding!

Guys, please pour in your thoughts!!

-H

samira_uk · Post by **samira_uk** » Mon May 06, 2013 6:17 pm

Unrip wrote:http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Just scroll down to Paragraph 322 Part 1C-4

Please let me know what you think of it...

Paragraph 1C is explicitly for ILR:

(1C) where the person is seeking indefinite leave to enter or remain

Unrip · Post by **Unrip** » Mon May 06, 2013 10:17 pm

Dear Samira and Hussain,

Thank you for your replies. That was of a big help and I feel much better now. I don't know how i could miss that clear explanation. However further down the text says that any leave to remain 'should normally be refused' in case if visas officer believes that in his humble opinion applicant's conduct is unacceptable.

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused
(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations
or the fact that he represents a threat to national security;

So seems like my Tier1 extension (like anyone's else with unspent criminal conviction) will be totally up to the visas officer. I hope i will not get that criminal conviction at all as all that i am facing at the moment is one big mistake, although I understand that i can't avoid criminal charges as it's just a formal and normal procedure in my case which may be enough for visas officer to make a wrong decision. I keep my fingers crossed.

Once again thank you very much for your help guys

samira_uk · Post by **samira_uk** » Wed May 08, 2013 8:28 am

Unrip wrote:Dear Samira and Hussain,

Thank you for your replies. That was of a big help and I feel much better now. I don't know how i could miss that clear explanation. However further down the text says that any leave to remain 'should normally be refused' in case if visas officer believes that in his humble opinion applicant's conduct is unacceptable.

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused
(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations
or the fact that he represents a threat to national security;

So seems like my Tier1 extension (like anyone's else with unspent criminal conviction) will be totally up to the visas officer. I hope i will not get that criminal conviction at all as all that i am facing at the moment is one big mistake, although I understand that i can't avoid criminal charges as it's just a formal and normal procedure in my case which may be enough for visas officer to make a wrong decision. I keep my fingers crossed.

Once again thank you very much for your help guys

It is not something new. It has been always as this and ECOs and caseworkers have ability to refuse one on ground of some general public interests.

mrdell80 · Post by **mrdell80** » Fri Jun 21, 2013 1:51 pm

look at my case here - http://www.immigrationboards.com/viewtopic.php?t=134098

Hi All,

I am a spouse of a T1G applicant. I have been convicted by the court for travelling on the underground without paying a fare. The sentence was a fine. I had not attended the court.

I mentioned the offence in my T1G dependent ext app and I got my ext without any problems.

Thanks

thebionicredneck2003 · Post by **thebionicredneck2003** » Fri Jun 21, 2013 4:26 pm

Deleted

mrdell80 · Post by **mrdell80** » Sat Jun 22, 2013 12:20 pm

what's deleted?

sunymalik · Post by **sunymalik** » Thu Jun 27, 2013 2:07 am

Hi,

I have applied for TIER 1 General Extension but unfortunately got refused under paragraph 322(1A), due to non declare of criminal conviction which was material to the application and ECO also mentioned that you have used deception in application.

They have given me right of appeal and I lodged my appeal on 10th of May 2013 and waiting for hearing date.

Now the reason why I did not disclose criminal conviction, Because I thought my conviction has been spent.

Now little bit history, As I had an accident on 1st November 2008 and I got penalty 3 Points and £615 Fine from court on 23rd December 2009 due to driving without other than license.

Thereafter, I applied for PSW in May 2010 after completing my Master degree and I did mention in the application form that I have 3 points and £615 court fine which I have paid (court fine) already and successfully got PSW.

Then in 2011 April, I applied for Tier 1 General, and I did mention again in the application form that I have 3 points and £615 court fine which I have paid (court fine) already and successfully got Tier 1 General.

Now this time in April 2013 when I applied for Tier 1 General Extension I did not mention because in the application form it was written criminal conviction which spent do not need to disclose, I contacted DVLA about my penalty points they said my points has been removed in November 2012 and my licence is clean, So I thought my conviction is over.

This was the only reason I did not mention my criminal conviction. Otherwise I would definitely declare.

I need your advice if any one can guide me would appreciate.

Thanks

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Criminal charges vs Tier1 extension

Criminal charges vs Tier1 extension