Seeking advice

[hareaca]

Dear Moderators and Experts,

My Tier 1 -General visa extension is due before April 2015. Last year during September 2013, I was convicted by court for over speeding and driving otherwise accordance with a license as below conviction codes:

1) SP30 - 6 points endorsed on my license and a fine of approx £175
2) LC20 - no points on license but a fine of approx £175

The incidence happened during March 2013 when was caught by the police, I produced Indian License (along with my provisional UK license as full UK license was not issued to me by then).

I pleaded guilty by post and then they asked me to attend in person where above convictions were pronounced.

Please suggest if:
1) This will impact my immediate Tier 1 extension?
2) Also if this impacts my ILR which is due in 2016?

Your expert advice, views and cases will help.

[hareaca]

Dear Experts and Moderators,
I had posted my queries with the hope that I will get some guidance from this forum but no response so far, request your help please to clarify the query below:

My Tier 1 -General visa extension is due before April 2015. Last year during September 2013, I was convicted by court for over speeding and driving otherwise accordance with a license as below conviction codes:

1) SP30 - 6 points endorsed on my license and a fine of approx. £175
2) LC20 - no points on license but a fine of approx. £175

The incidence happened during March 2013 when was caught by the police, I produced Indian License (along with my provisional UK license as full UK license was not issued to me by then).

I pleaded guilty by post and then they asked me to attend in person where above convictions were pronounced.

Please suggest if:
1) This will impact my immediate Tier 1 extension?
2) Also if this impacts my ILR which is due in 2016?

Your expert advice, views and cases will help.

[UKBALoveStory]

As per current rules, no impact on both

[hareaca]

Hi thanks for your response, just wanted to know when you check as per current rules, is there a new rule for reference?
What I understand is that form has section E where we have to enter civil and criminal offences and my understanding is that traffic offences which had to go to court requires disclosure here.

[UKBALoveStory]

No new rules yet. but you never know hence as per current rules.

For extension, you have to disclose it but it will have no affect as for extension there is no general ground for refusal.
For ILR in 2016, you have to disclose it but 2 years would have lapsed at that time so you will be safe.

IMHO....

[hareaca]

Thanks for your response, appreciate that.

Regards,
Hare

[hareaca]

Dear Members

I have taken an appointment for my Tier -1 extension on Tuesday March 10th, as mentioned earlier I have a traffic offence for speeding and driving not in accordance with the driving license, do you think as per the current guidance (i understand that there is a guidance note issued on March 2, 2015), i might not be given extension.

Your invaluable input is highly appreciated.

[montysingh]

hello mate

i have checked all the guidance again and you are absolutely fine for both the extension and ILR, but you sure you declare both the convictions on the form.

i will give you a call on monday 9pm to do the last minute go through but you are absolutely fine in terms of conviction

[hareaca]

Thank you very much for your forth coming and guidance. I would like to go thru with you in terms of what i should exactly articulate for:
1) Nature of Offence
2) Sentence Given.

It will be really good to speak to you so that i am doubly confident.

I was just checking on the recent changes to general grounds for rejection. They have added something like if there is non -custodial sentence within 12 months then they have a discretion to refuse. Mine case if more than 12 months so should be fine as you said and at the time of ILR it would be more than 24 months.

A lawyer was asking me to instruct him to take up my case and he was asking for a heavy sum, i dont think it will make much difference. Will discuss when you call me.

Regards,
hareaca

[ragu_ram01]

Thank you very much for your forth coming and guidance. I would like to go thru with you in terms of what i should exactly articulate for:
1) Nature of Offence
2) Sentence Given.

It will be really good to speak to you so that i am doubly confident.

I was just checking on the recent changes to general grounds for rejection. They have added something like if there is non -custodial sentence within 12 months then they have a discretion to refuse. Mine case if more than 12 months so should be fine as you said and at the time of ILR it would be more than 24 months.

A lawyer was asking me to instruct him to take up my case and he was asking for a heavy sum, i dont think it will make much difference. Will discuss when you call me.

Regards,
hareaca

Hi Hareaca,

Could you please posted if you have any latest updates in terms of your application, I am in the same situation but fine paid for TV license?

[hareaca]

my application was thru, just declared what happened in my case.