Court Convictions

[Pqek]

You are clearly implying that if a conviction is not on the PNC then the Home Office cannot find out thus not to declare. This is misleading. There should be no discussion, a conviction should be declared on an ILR application.

Amber, English is my second language but I'm very careful on my wording; I'm afraid I never said or implied that. I have mentioned in this thread and several other times, this should be declared but it should be ok. Read the posts of this thread as I don't want anything taken out of context.

[Amber]

There is no need for a conviction to be on the PNC. A conviction is issued by the Court. Therefore, if you request a SAR from the court rather than the police, you should see your conviction.

ok so does the home office request information from every court in country in order to find out if a person has a conviction or not?

you keep discouraging people for applying when they have a minor offence stating a conviction is a conviction rather than being practical and realise the home office would go to databases such as the PNC.

If the OP has done a SAR for the PNC and there is nothing there, please explain what kind of other checks the HO will do?

Again, the onus is for the applicant to declare a conviction not for the Home Office to go hunting for one.

[Pqek]

There is no need for a conviction to be on the PNC. A conviction is issued by the Court. Therefore, if you request a SAR from the court rather than the police, you should see your conviction.

ok so does the home office request information from every court in country in order to find out if a person has a conviction or not?

you keep discouraging people for applying when they have a minor offence stating a conviction is a conviction rather than being practical and realise the home office would go to databases such as the PNC.

If the OP has done a SAR for the PNC and there is nothing there, please explain what kind of other checks the HO will do?

Again, the onus is for the applicant to declare a conviction not for the Home Office to go hunting for one.

No point of arguing about this, I cannot see when I say "don't declare a conviction".

I will not respond any more on this thread.

[greenvilla]

can someone answer me about filling basic disclosure or police certificate
there is a question in form

have you ever been convicted of any criminal offence ?
its weird this is what i want to check thru pnc check so why the heck they asking this in form?
THnx

[greenvilla]

can someone answer me about filling basic disclosure or police certificate
there is a question in form

have you ever been convicted of any criminal offence ?
its weird this is what i want to check thru pnc check so why the heck they asking this in form?
THnx

[spacer]

Hi Guys

From above discussion and reading the SET(O) form carefully I can conclude that whether the convictions was spent or unspent, minor or major, it is to be declared in ILR. It was an honest foolish mistake of mine not to disclose it in previous applications. But I have been told by one of the immigration solicitor not to disclose it as it has already been spent but I will disclose it with all details of convictions.

The issue here is I dont have any details of my convictions. As no data in DVLA as I paid the fee to get it removed. secondly no data on PCN. What data should I provide in the form.

I was convicted for driving on Learner license without Insurance.(I was so silly). This happened as far as i remember in 2004-2005.

Can someone let me know how can i get this info?

[spacer]

Here is the quote from Tier1 form:

Note 1: Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about this Act is given towards the end of this section.

And fro SET(O):

note: We will carry out criminal record checks on all applicants and dependants. You must
give details of all unspent and spent criminal convictions. This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.

So I can conclude that if your offence has been spent b4 extending your Tier1-2 visas than you need not to declare it but you have to declare it on ILR and BC.

So the problem may occur for people who didnt disclosed while conviction was unspent in their extention. They might be picked for not disclosing in previous applications.

Hope this clears.

Gurus, correct me if I miss something.

[Amber]

That seems a reasonable assumption.

[spacer]

That seems a reasonable assumption.

Hi Amber

Do you still believe it as an assumption as the notes are taken from UKBA forms?

[Amber]

I Was referring to:

So the problem may occur for people who didnt disclosed while conviction was unspent in their extention. They might be picked for not disclosing in previous applications

[spacer]

I Was referring to:

So the problem may occur for people who didnt disclosed while conviction was unspent in their extention. They might be picked for not disclosing in previous applications

Ok, got your point.

[spacer]

I Was referring to:

So the problem may occur for people who didnt disclosed while conviction was unspent in their extention. They might be picked for not disclosing in previous applications

Ok, got your point.

Any one else who needs to shed some light on this issue...

[APAN DESAI]

I got National Speed Awareness Course: 'Course Offer Alternative to Prosecution' from West Sussex County Council.(Aug 2013)

I didn't get any point on my licence or fine. I also check with local police and they have assured me that it doesn't affect my criminal record at all.

I have following questions.

The new Ground of refusal apply from September 2013,I read it very carefully but I am unsure about this.

Is this course Speed Awareness Course in place of prosecution come under Non Custodial Sentences?

If yes, am I going to be rejected for my visa extension which is due in Nov 2014?
If not, Am I going to be rejected for Indefinite Leave To remain which is due in May 2015?

Need your direction please.

[Amber]

That course is an alternative to prosecution or FPN, so you're ok APAN DESAI, no need to declare it.

[APAN DESAI]

Thanks Amber for the direction.

[cruzez]

I think there is nothing to worry about here. 1st of all your conviction has happened long way back that mean ur points are off from DVLA and also you have completed your rehab of conviction.

I tell you my story, I had all sorts of driving convictions from high speed to driving without insurance to automatic driving ban due to totalling 12 points

When I drove 98 at 70 zone went to court paid £780 fine plus 4 points 2007 student

Applied for Tier 1 (post study) without mentioning abt conviction and got visa

1 year later drove stupidly somebody else's car not insured convicted by court got £300 fine and 6 points 2008

One month later applied for Tier 1 Genearal didnt disclose any of it and got Visa

At the time of extension I got another 3 points and £60 fine and driving ban for 6 months coz I reached 12 points

But this time for some reason I declared everything got Visa extended.

At ILR again I declared everything and Got Visa and I had not finished rehab or ban taken off from my driving counter part.. It didnt affect me at all..

May be I am lucky may be it wasn't concerning may be don't have facility to check if u declared previously or not. Dont know point is last 2 visa I declared and 1st 2 I didnt.

It's upto you how you want to deal with it. And also u r very safe as I said earlier ur conviction long back n u hav servered ur rehab.

[benneviss]

It seems very cautious however I am of the opinion that you must disclosed everything on your ILR application . If they reject on the basis that you did not mention in earlier applications your solicitor /barrister could argue that it was genuine mistake and I have come across few decisions where the tribunal has decided on applicant favor .

Please remember HO always go for an extensive search before granting ILR. So , it would be better to declare on the application now and deal with it later before the tribunal .

Just think , if they accuse of deception what argument will you have before the tribunal ? I have read somewhere they trace 10 years and anything if you hide between 10 years time will be treated as a deception.

[spacer]

It seems very cautious however I am of the opinion that you must disclosed everything on your ILR application . If they reject on the basis that you did not mention in earlier applications your solicitor /barrister could argue that it was genuine mistake and I have come across few decisions where the tribunal has decided on applicant favor .

Please remember HO always go for an extensive search before granting ILR. So , it would be better to declare on the application now and deal with it later before the tribunal .

Just think , if they accuse of deception what argument will you have before the tribunal ? I have read somewhere they trace 10 years and anything if you hide between 10 years time will be treated as a deception.

Hi

Yes, I have an appointment booked on 8th Feb, Saturday in Croydon. I am going to declare it as it does not make any difference. I have got PNC report which come clean. I have got UKBA SAR Report that does not show and conviction record. I have already enquired DVLA recently and they does not have any record in the system as the conviction was more than 4 years old.

But just on the safe side, i will declare in the application with approximate dates as I dont remember any dates and dont have any documents. Any ways thanks for your valuable inputs.

[cruzez]

Good decision that you declaring it. But don't mention anything about you didn't declare previously. Just be precise and answer to the point. Show papers of your conviction if you have or just mention you have spent conviction happened decade ago. And give approximate date and place where you were convicted.

If you have paid fine by credit/debit card you might be able to track the date from your online internet banking statements.

Also do mention that DVLA dont have record and any reports you have gathered recently attach them as well. You wont be having any problem. Relax

[benneviss]

Or you wish to say on the application that dates are approximates as you do not have any record .

I would just mention @ June or July 2004 etc.

[spacer]

Thanks Guys.

Yes I will declare this with approximate dates as I dont have any kind of document. And will surely mention that DVLA does not have any record and I will take PNC certificate and DVLA email print on the application day, just in case.

Thanks for your valuable suggestions.

[greenvilla]

hi to all members

Could you plz answer me whether basic disclosure is also a (PNC OR CRB) Check ?
i did basis disclosure scotlaand check but i live in london so will that be good to see if there is any conviction (court fine) or any offence in the past?

plz guide ....

Thnx

[shreky022]

HI can someone shed some light please..

Applying visa tomorrow

I have a LC30 conviction (3 points and 60pounds)( driving without insurance ) on sep 2010 and it got expired last year sep2013 however the points will be not taken off until sep2014 . Does that mean i will have to mention this in my ILR application form ? would this effect the decision of the caseworker?



i also had 3 points in the year 2009 for speeding and those are now removed and no longer exist. Not sure if i have to mention this aswell ? DVLA has cleared off these points and no longer have any record of this .

Many Thanks For your help

Shri

[Amber]

Declare the conviction but you should be fine as 24 months have lapsed.

[lakinte1]

HI spacer,
What was the outcome of your application?