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Conviction disclosure ?
Posted: Thu Nov 21, 2013 2:17 pm
by greenvilla
Hi to all members!
Need advise from a guru
plz guide me on a matter as i was fined by court in may 2009 with regard to fare evasion in london underground coz of not touching oyster as i was absent mind at that time that was a stupid mistake I did but anyway court fined me on hearing which i paid in time. I Am a student and after fine I did not disclose it on my extensions coz of lack of knowledge and ignorance of law but now my ILR is due on sep.2014 and rehabilitation period (5years) will be complete before I apply for ILR so what to do?
1. Disclose now or not?
2.will there be any issue on my ILR coz fine is not disclosed in extensions?
Thnx
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Posted: Thu Nov 21, 2013 7:02 pm
by greenvilla
Anyone out there to help plz?
Thnx
Posted: Thu Nov 21, 2013 10:58 pm
by Amber
You must disclose your conviction. Your previous lack of disclosure may be viewed as deception, but you have little choice. The rehabilitation period is irrelevant as the 1974 Act does not apply. A non-custodial conviction would be a general grounds for refusal for 24 months for ILR, however, the deception is your biggest concern.
Posted: Thu Nov 21, 2013 11:15 pm
by greenvilla
thnx for reply
but my conviction is spent as i was convicted in 2009 so why i will still be refuse for 24 months for ilr.
what if it is not disclose as it does not appear in crb and pnc.?
thnx
Posted: Thu Nov 21, 2013 11:17 pm
by Amber
Didn't say it would still be refused, I said the 1974 Act is irrelevant and that a non-custodial conviction would cause a refusal for 24 months, not the 5 years you keep referring to! If you don't declare it, that's your choice and deception.
Posted: Thu Nov 21, 2013 11:25 pm
by greenvilla
what should i do then and how to resolve this problem plz suggest as i m worried ..
thnx
Posted: Thu Nov 21, 2013 11:26 pm
by Amber
It's entirely up to you, the only thing I can say is that all convictions should be declared.
Posted: Thu Nov 21, 2013 11:30 pm
by greenvilla
if i do what could be the possible outcome?
thnx
Posted: Thu Nov 21, 2013 11:54 pm
by Heisgood
greenvilla wrote:if i do what could be the possible outcome?
thnx
Disclose it. That's the end of the matter. I disclosed my two fines from the court for speeding over 6yrs ago. Both ILR and Citizenship approved. Look through the forums and see people who didn't disclose things and are regretting it now because they have been hit by HO with 10 yr ban for deception...Make the right choice and hope for the best.
Posted: Fri Nov 22, 2013 12:03 am
by fbutt50
i agree with you but i think you can understand my situation that i am sacred but still i want to disclose it. plz tell
after disclosing will it consider as a deception ? as i failed to declare in the past.
thnx
Posted: Fri Nov 22, 2013 12:19 am
by nionlight
fbutt50 wrote:i agree with you but i think you can understand my situation that i am sacred but still i want to disclose it. plz tell
after disclosing will it consider as a deception ? as i failed to declare in the past.
thnx
do not disclose without assistance. get an expert lawyer and try to apply for same day service and then disclose it. you should be fine then.
Posted: Fri Nov 22, 2013 12:36 am
by fbutt50
thnx for reply but their is no same day service for applying on the basis of long residency so will have to apply by post with the help of an expert lawyer hope things go well coz its a long journey coming to an end.
thnx
Posted: Fri Nov 22, 2013 10:52 am
by Deviser
You are actually in big trouble!
In simple words, if you disclose it, it's deception as you failure to do the same in past. And if you do not disclose it, it's deception in regard of current application. So pack you bags in either case.
Everyone knows that UKBA are so strict on these issues and Solicitors cannot do much about this because it's a crystal-clear issue. Yes, they will just give you a lot of hope to get £5k-£10k from you like 1000z of other cases. So be careful with this.
Rest, there is no harm in trying and best of luck!
question
Posted: Sun Nov 24, 2013 2:59 pm
by speaker40
what if somebody was on underground and travelled one more stop
i had zone 3-4 and went on zone 5(fall asleep)
she gave me a fine on the spot which i paid by credit card
does that come under the convictions? and do i have to declare it?
i didnt have to go through the courts
ill be applying for set(m) shortly , my wife is BC
regards
Posted: Sun Nov 24, 2013 3:35 pm
by Amber
speaker40 Please
continue in your
other thread
Re: Conviction disclosure ?
Posted: Mon Nov 03, 2014 12:06 pm
by greenvilla
By the grace of All mighty Allah my ILR is Approved and I got the letter today. The long journey has finally ended with lot of happiness
I would like to say big thanks to the board members who helped me all the way for getting ILR but I want to criticize those people who are discouraging others if they have done some innocent mistake in their past like (some offence, or non disclosure of some facts).Its a big slap on the face of those people who think innocent mistake is a deception because I made an innocent mistake of failure to disclose a fine in the previous application and one of the member said to me pack your bags and go home because its a clear Refusal on deception basis But I was confident to explain it in my ILR application and I did explain the facts in my application and finally got approval of my ILR.
So the message is believe in yourself and be honest while doing you ILR application. Allah will help you.
Hurray.....Hurray.....Hurray
