URGENT HELP!! PSW REJECTED..UNDISCLOSURE OF MOTORING OFFENCE

My PSW application has been refused stating that I failed to disclose material facts i.e. my previous convictions (motoring offence) under paragraph 322 (1A) of the immigration rules.

It also says:

"This means that any further applications for entry clearance or leave to enter the UK you make will be refused under Paragraph 320(7B) of the Immigration Rules for one year if I leave voluntarly"

It further states:

"You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Assylum Act 2002 does not provide a right of appeal where an applicant still have leave to enter or remain in the UK and is entitled to stay here.

You still have leave to remain where your current conditions continue to apply to stay until 18 October 2008. Please ensure that you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision".

My Questions are:

What options are available to me here?
I intend to send HO a letter stating that it was unintentional (which it really was).....any suggestions????

Prompt replies would be veryery v much appreciated...

Regards

[url=http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/][b]Refusal of variation of leave to enter or remain or curtailment of leave[/b] 322.[/url] wrote:(1A) where false representations have been made or false documents have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

Section 4 - Refusal or variation of leave to enter or remain on general ground (paragraph 322 HC395) wrote:See Chapter 9, Section 3, paragraph 3 under the heading "Employment of false representations or failure to disclose material facts" of this chapter for guidance as to what constitutes a false representation or a material fact.

Chapter 9[/url], [url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter9/section3/section3.pdf?view=Binary]Section 3 wrote:3.2. Failure to disclose material facts

Leave to enter may be refused on this ground where a person has failed to disclose to the entry clearance officer a fact that would have been material to the decision to grant the clearance.

It should be noted, however, that the Court of Appeal has held (in the case of IRACKI) that there is no positive duty of candour on an applicant to volunteer information to the entry clearance officer unless he is given an indication of the kind of information which is material to the application. Refusal on this ground is not therefore applicable if the entry clearance officer did not indicate to the passenger the kind of information he required.

Moreover, is the conviction considered as spent?

vinny wrote: Moreover, is the conviction considered as spent?

Hi Vinny..

The conviction is not 'spent' yet under Rehabilitation of Offenders Act 1974. But undisclosure was unintentional and did not mean to harm or deception. What should I do as there is no right of appeal??

Any advice will be very much appreciated....

regards

Sorry to hear about ur case. Could u please post your timlines here i.r when did u apply , fee deduction date and when did u get ur docs back etc

nowondery wrote:

vinny wrote: Moreover, is the conviction considered as spent?

Hi Vinny..

The conviction is not 'spent' yet under Rehabilitation of Offenders Act 1974. But undisclosure was unintentional and did not mean to harm or deception. What should I do as there is no right of appeal??

Any advice will be very much appreciated....

regards

uktier1234 wrote:
Sorry to hear about ur case. Could u please post your timlines here i.r when did u apply , fee deduction date and when did u get ur docs back etc

Application made: 54th August 2008
Nature: IGS --> PSW
Fee deducted: 06th August
Ack recieved: 07th August
Passport recieved: 03 rd October 2008
Status : Refused under para 322 (1A)

Has any one been refused under this paragraph with no right to appeal??? and what was the defence???

It will be greatly appreciated...

what is the decision letter date. dnt know anyone with the same thing

nowondery wrote:

uktier1234 wrote:
Sorry to hear about ur case. Could u please post your timlines here i.r when did u apply , fee deduction date and when did u get ur docs back etc

Application made: 54th August 2008
Nature: IGS --> PSW
Fee deducted: 06th August
Ack recieved: 07th August
Passport recieved: 03 rd October 2008
Status : Refused under para 322 (1A)

Has any one been refused under this paragraph with no right to appeal??? and what was the defence???

It will be greatly appreciated...

[quote="uktier1234"]what is the decision letter date
[quote="uktier1234"]

Sorry mate...but does it matter at all....its been refused and all I need now word of advice from experienced members and peoples who had been in this situation...

Any help??

nowondery wrote:"You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Assylum Act 2002 does not provide a right of appeal where an applicant still have leave to enter or remain in the UK and is entitled to stay here.

You still have leave to remain where your current conditions continue to apply to stay until 18 October 2008. Please ensure that you understand the conditions of your stay.

You are not required to leave the United Kingdom as a result of this decision".

You didn't get the right of appeal because they didn't curtail your leave and you still have leave remaining.

I was just wondering, what will happen if you reapply stating that it was a human error in your part in the first application to not include the motoring conviction. I am sure the case worker will consider.

Any second opinion on this approach?

Regards,
touchsensor

Hi Nowondery,

Kindly reapply before your leave expires and state it clearly in your cover letter the type of conviction. Also complete it on your application form.

I had a similar experience and reapplied later and it was approved. It will only cost you another application fees and documentation.

I wish you the best.

If you have the will, there will definitely be a way.

Cheers.
1971.

So sorry to hear about your rejection.

Was it really an honest mistake, or did you think it was not important enough to include the info in your application?

I know that it actually states on the application form that "it includes driving convictions" - so I don't know how you missed it.

I don't know if they will consider your application for the next year. They see this non disclosure as being fraudulant. I know that some people can get a 10 year ban for not disclosing everything, so you were pretty lucky.

That said - Maybe you should apply again if you have the money - what is the worst that can happen? I would have taken the chance to reapply again.

Thanks 1971...

I certainly can re-apply and will disclose my driving conviction in the application form this time as in the covering letter. Just for information what was your motoring conviction?

With re to Snoozles's post; I honestlyand truely missed it and I must admit it was a stupid stupid negligence...and I am very disappointed with my own self for missing such crucial information and messing up an ideal job in the process.

Though I am just wondering how would my 3 years ago's DAD conviction would affect my re-application?????

1971 could you please share your experience with me either here or by PM..as it would be a great help and would be very much appreciated..any if anyone else can share their experience...

regards

1971 wrote:Hi Nowondery,

Kindly reapply before your leave expires and state it clearly in your cover letter the type of conviction. Also complete it on your application form.

I had a similar experience and reapplied later and it was approved. It will only cost you another application fees and documentation.

I wish you the best.

If you have the will, there will definitely be a way.

Cheers.
1971.

1971 wrote:Hi Nowondery,

Kindly reapply before your leave expires and state it clearly in your cover letter the type of conviction. Also complete it on your application form.

I had a similar experience and reapplied later and it was approved. It will only cost you another application fees and documentation.

I wish you the best.

If you have the will, there will definitely be a way.

Cheers.
1971.

And another thing...what about the proof of maintenance???

I first applied 2 months ago with July's bank statemnt..which had a balance of £1,600 hence satisfying the maintenance requirements for both myself and my wife..now after being unemployed for 2 months (was waiting for passport to join new employer)..I have used up all that money...

Can I re-apply with old bank statement...the one I sent with last application........

Help will be greatly appreciated...

Kind regards

"This means that any further applications for entry clearance or leave to enter the UK you make will be refused under Paragraph 320(7B) of the Immigration Rules for one year if I leave voluntarly"

Hello frend,
Very sorry to hear that.

If I can ask, what were the traffic convictions? And also did you mentioned theses in your previous applications or this one is your latest application after the motoring conviction?


Thanks.
Jackie

Jackie123 wrote:

"This means that any further applications for entry clearance or leave to enter the UK you make will be refused under Paragraph 320(7B) of the Immigration Rules for one year if I leave voluntarly"

Hello frend,
Very sorry to hear that.

If I can ask, what were the traffic convictions? And also did you mentioned theses in your previous applications or this one is your latest application after the motoring conviction?


Thanks.
Jackie

Well it was DAD conviction..I was convicted 3 yrs ago..I got my FLR extended 2 times before..and I never mentioned it because I never thought it was required..

Hi Nowderry,

Mine wasnt a driving conviction. It was a mistake made by HO and I wrote back to them stating their mistakes which they agreed and approved.

Just want to encourage you never to give up and try again.

Cheers
1971.