TV Licence Offence ILR dependent and Criminality Threshold

[DrFixit]

Congratulations Faith27. We all knew you will make it through as your conviction does not fall in 24 months category. I am fighting my case and have hearing in April, i hope the outcomes do not damage my ILR.

[ragu_ram01]

Thank you everybody for the suggestions and support offered especially Gagan1986 and wpilr_nov12 .

Both me and my husband( main applicant) got our ILR approved.

The TV licence was not an issue . No questions were asked and I did not give any document like CRB to support the court fine.

Simply filled the section 7 with the offence as Use of TV without licence and sentence as fine.

My appointment was at 8.00 am for WP+ Tier1 G

went it at 8.00 am
security checked and let in to pay the fee.

8.30 case registration and after 20 mins biometrics given.

at 9.00 was called to submit documents. The CW dint ask anything simply took the application and all the documents that we wanted to submit and told she will call us once she is ready.
Called at 10.45 and. Showed a print out that had our biometric details and asked to check and sign.

Then gave the approval letter and documents, said bRP would arrive in 7-10 days.

These are the docs that we submitted

SET(O)
Passports+ Photos+BRP cards

12 months Bank statements
12 months Payslips
2 Life in the UK test document
Cohab - 2 years council tax
2 years water bills

Thats it. Am relieved.

Dr Fixit,

The court issued a fine in 2010 for me. I think the TV licence is a minor one and you should not worry about it. But, am not sure if they apply the 24 months rule here, since mine was not within that period.

Hi Faith,
I am in the same position as you were but mine is for Tier2 Visa extension, please consider my query and provide your suggestion.

I have received Summon from Magistrate Court for not having TV license on Dec 2014, Meanwhile I have moved my property and not aware of the summon till February 2015, Later I came to know from my landlord about the letter and I have contacted the Court and appeared with plead for guilty and agreed to pay the fine and the fine was £260, I have cleared the bill within a week and received confirmation letter for cleared the due on time.

I am going for Tier2 visa extension by June 2015, I have 2 clarifications as below.

1. Do I need to mention about court fine in my extension application under Civil Penalty (F3)section or Criminal conviction(F1) section as below?

F3. Do you have any civil judgments against you or any civil penalty under the UK
Immigration Acts?

F1. Have you been convicted of any criminal offence in the UK or any other country?

2. If yes for question 1, Will my application get refused although, I have paid everything in full the very moment?

3. Is court fine against not paying TV license is minor offence and still I need to specify in the form?

I request please consider my above queries and respond to me as soon as possible.

thanks
Ragu

[tier1app]

Hi Ragu;

I had an unspent conditional discharge from Magistrate Court when I applied for my extension in 2013.

I had a solicitor through work handling my case and according to her 322(1C) doesn't apply to extension application. So you won't be rejected because you are convicted to a minor offence at this stage, but you absolutely to need disclose it. I detailed the sentence in my application form and had my court letter as part of my extension application; no questions were asked and I got approved straight away.

Best of luck!

[ragu_ram01]

Hi Ragu;

I had an unspent conditional discharge from Magistrate Court when I applied for my extension in 2013.

I had a solicitor through work handling my case and according to her 322(1C) doesn't apply to extension application. So you won't be rejected because you are convicted to a minor offence at this stage, but you absolutely to need disclose it. I detailed the sentence in my application form and had my court letter as part of my extension application; no questions were asked and I got approved straight away.

Best of luck!

Hi tier1app,

Thank you so much for your valuable reply. I will declare it and go for extension.
In the application form, there are two questions as below, Could you please suggest me which is the appropriate one in my case and, also please guide me some nice articulated word to mention in the form.?

F1. Have you been convicted of any criminal offence in the UK or any other country?
- Nature of the Offence
- Sentence given
- Date sentenced

F3. Do you have any civil judgments against you or any civil penalty under the UK
Immigration Acts?
- Civil judgment / civil penality 1
- Date of judgment or civil penalty

thanks
Ragu

[ragu_ram01]

Hi Ragu;

I had an unspent conditional discharge from Magistrate Court when I applied for my extension in 2013.

I had a solicitor through work handling my case and according to her 322(1C) doesn't apply to extension application. So you won't be rejected because you are convicted to a minor offence at this stage, but you absolutely to need disclose it. I detailed the sentence in my application form and had my court letter as part of my extension application; no questions were asked and I got approved straight away.

Best of luck!

Hi tier1app,

Thank you so much for your valuable reply. I will declare it and go for extension.
In the application form, there are two questions as below, Could you please suggest me which is the appropriate one in my case and, also please guide me some nice articulated word to mention in the form.?

F1. Have you been convicted of any criminal offence in the UK or any other country?
- Nature of the Offence
- Sentence given
- Date sentenced

F3. Do you have any civil judgments against you or any civil penalty under the UK
Immigration Acts?
- Civil judgment / civil penality 1
- Date of judgment or civil penalty

thanks
Ragu

Hi Newbie or others,

Could you please respond to my above queries, it would be helpful for me to proceed further?

thanks
Raghu

[tier1app]

Hi Ragu;

I would think F1, (given if it was a civil case, it wouldn't have been dealt by Magistrate Court,) just put in facts and make sure your attached the court letter; given your offence was minor, i wouldn't think you will be questioned at all.

Hope this help a little.

[ragu_ram01]

Hi Ragu;

I would think F1, (given if it was a civil case, it wouldn't have been dealt by Magistrate Court,) just put in facts and make sure your attached the court letter; given your offence was minor, i wouldn't think you will be questioned at all.

Hope this help a little.

thanks Newbie,

I just had a discussion with my Solicitor yesterday and he contacted UKBA and they confirmed it won't impact for extension however the fine letter to be attached along with the form and no need to fill F1 and F3, I am not sure then where I need to declare this offence details because there is no section in the form except F1 and F3.
Can someone please guide me?

regards
Raghu

[tier1app]

Interesting, because my solicitor asked to disclose it; since you have a solicitor, just follow their instruction then, maybe they will ask you to write a letter or something.

[ragu_ram01]

Interesting, because my solicitor asked to disclose it; since you have a solicitor, just follow their instruction then, maybe they will ask you to write a letter or something.

Hi tier1app,

thanks for your updates

With the recent conversation, I am not satisfied the way solicitor suggested, I would like to go with your suggestion as below, please let me know if any correction required for the below statements.

F1. Have you been convicted of any criminal offence in the UK or any other country? - YES
- Nature of the Offence - offence as Use of TV without licence and sentenced as fine.
- Sentence given - Sentenced to pay fine of £1** and same paid on time.
- Date sentenced - XXXXXXX

Also I request others too respond if any correction required in above statements.

thanks,
ragu.

[tier1app]

I think this is what I would have, keep it as simple as possible and attached ur court letter.

F1.
Have you been convicted of any criminal offence in the UK or any other country? - YES
- Nature of the Offence - Use of TV without a licence.
- Sentence given - Sentenced to pay fine of £1**.
- Date sentenced - XXXXXXX