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Road traffic offence and spouse visa application

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Adi12
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Road traffic offence and spouse visa application

Post by Adi12 » Thu Oct 10, 2019 10:31 pm

Hi guys i have applied for my spouse visa extention since feb 2019.i am waiting for my visa decision but because i had a pending road tarffic court case so home office have hold the decision.if any of you been into same situation can you plz share some info that how long it can take??...i am in a panic situation cuz my dad isnt well in backhome and i wana visit him as soon as posible

Adi12
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Pakistan

Spouse extension application with Speeding Offence

Post by Adi12 » Thu Oct 10, 2019 10:41 pm

Hi guys i am in a panic situation.i have applied for a spouse visa extention but my application have been put on hold because of a pending prosecution i had my court and been charged for carless driving with 3 points.i have sent the court decision to home office but waiting for their reply.can you guy plz tell me how long it can take.

Adi12
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Spouse extension application with Speeding Offence

Post by Adi12 » Thu Oct 10, 2019 10:52 pm

Sorry guys i already had 3 points for failing to comply with traffic lights aswell so my question is that is it possible to get your extention visa refused on the basis of good charater with 6 points

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seagul
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Re: Spouse extension application with Speeding Offence

Post by seagul » Fri Oct 11, 2019 6:02 am

Adi12 wrote:
Thu Oct 10, 2019 10:52 pm
Sorry guys i already had 3 points for failing to comply with traffic lights aswell so my question is that is it possible to get your extention visa refused on the basis of good charater with 6 points
There is no good character requirement for spouse visa applications.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Adi12
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Re: Road traffic offence and spouse visa application

Post by Adi12 » Fri Oct 11, 2019 6:39 am

Thanks for your reply seagul.r u sure that the good character requirment dont apply to spouse extension applications.

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seagul
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Re: Road traffic offence and spouse visa application

Post by seagul » Fri Oct 11, 2019 7:02 am

Adi12 wrote:
Fri Oct 11, 2019 6:39 am
Thanks for your reply seagul.r u sure that the good character requirment dont apply to spouse extension applications.
https://www.gov.uk/government/publicati ... y-guidance

https://www.freemovement.org.uk/british ... plication/
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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TODMATT
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Re: Road traffic offence and spouse visa application

Post by TODMATT » Fri Oct 11, 2019 8:35 am

You are not applying for citizenship so as seagul mentioned above, there's nothing like good requirement when apply for FLR.
My opinions should not be constituted as an immigration or legal advice.

geoeng
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Re: Road traffic offence and spouse visa application

Post by geoeng » Fri Oct 11, 2019 9:03 am

TODMATT wrote:
Fri Oct 11, 2019 8:35 am
You are not applying for citizenship so as seagul mentioned above, there's nothing like good requirement when apply for FLR.
The Home Office has a fair bit of discretion to refuse visas if they really wanted to. The section of the Immigration Rules quoted below is fairly similar to a good character requirement, though I wouldn't expect it to be applied to cases of road traffic offences.

"S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.8. apply.
...
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK."
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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TODMATT
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Re: Road traffic offence and spouse visa application

Post by TODMATT » Fri Oct 11, 2019 9:47 am

Yes I agree there's a bit of discretion however I am of the view that it won't apply traffic offence in the case of the OP. Here is what the guidance mentioned under general grounds for refusal

https://assets.publishing.service.gov.u ... .0-EXT.PDF Page 73

"You must assess if there are cumulative grounds for refusing a person on character, conduct or associations grounds if a person falls under more than one of the categories included in this section (see related links) or there are other reasons for considering refusal. Public order risks Proscribed organisations Travel ban Threat to national security
However, the person must be informed of the reasons why their application is being refused or why a particular course of action (for example, deportation) is being considered or pursued. It is not enough to simply refuse a person on ‘character, conduct and/or associations’ grounds without explaining why"
My opinions should not be constituted as an immigration or legal advice.

Adi12
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Re: Road traffic offence and spouse visa application

Post by Adi12 » Fri Oct 11, 2019 10:03 am

Thanks for your reply geoeng.its waiting game for me now.my dad isnt well back home thts my worry cant see him untill get my visa from home office.

Adi12
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Re: Road traffic offence and spouse visa application

Post by Adi12 » Fri Oct 11, 2019 10:09 am

Thanks alot todmat for ur info.when homeoffice takes more time that would make any person to think negatively.hopefully i will get a positive decision.

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seagul
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Re: Road traffic offence and spouse visa application

Post by seagul » Fri Oct 11, 2019 12:03 pm

geoeng wrote:
Fri Oct 11, 2019 9:03 am
TODMATT wrote:
Fri Oct 11, 2019 8:35 am
You are not applying for citizenship so as seagul mentioned above, there's nothing like good requirement when apply for FLR.
The Home Office has a fair bit of discretion to refuse visas if they really wanted to. The section of the Immigration Rules quoted below is fairly similar to a good character requirement, though I wouldn't expect it to be applied to cases of road traffic offences.

"S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.8. apply.
...
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK."
You given answer to yourself. Traffic offence doesn't fall under the quotation you pasted here.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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