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Transport for London Prosecution- ILR due! Help needed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sidra1
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Transport for London Prosecution- ILR due! Help needed

Post by sidra1 » Tue Jan 03, 2012 1:11 pm

hello! i really need help in answering one question.

I was caught by the revenue inspector in November for using my sisters photo oyester card. now tfl has decided to prosecute me. I am waiting for magistrates court summons. my dad is applying for ilr on thursday 5th january and i am his dependent over 18. i havent been convicted yet and the prosecutor said that he will settle the case out of court once i recieve the summons.

will it come up on my criminal check made by home office that i am waiting for a hearing? i dont really want to tell this to my dad. can anyody help me??

2012
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Re: Transport for London Prosecution- ILR due! Help needed

Post by 2012 » Tue Jan 03, 2012 5:20 pm

sidra1 wrote:hello! i really need help in answering one question.

I was caught by the revenue inspector in November for using my sisters photo oyester card. now tfl has decided to prosecute me. I am waiting for magistrates court summons. my dad is applying for ilr on thursday 5th january and i am his dependent over 18. i havent been convicted yet and the prosecutor said that he will settle the case out of court once i recieve the summons.

will it come up on my criminal check made by home office that i am waiting for a hearing? i dont really want to tell this to my dad. can anyody help me??
1. I wud strongly recommend to tell u dad as if you dont, he will put on his form that he plus the dependents do not have any CCJ.
2. Now wen HO checks and finds that u have been issued with a CCJ later or afterwards then you plus dad application will be refused without any doubts for holding that information.
3. You wud def not get the visa plus it will also effect u dad's visa as well which is normally a ban for false representation.
4. Even if you are not prosecuted yet, wen u fill the form for the visa it says that if there are any chnages in my circumstances then i will inform the HO about it.
5. So if u get prosecuted after the application then your dad suppose to inform the HO about it.
6. Do not forget that HO takes time for the applications and def do a CRB check on all the applicants.
7. So be a good girl and tell u dad as he needs to know about it otherwise i am sure later on wen he finds out he wud not be a happy bunny.

sidra1
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Post by sidra1 » Tue Jan 03, 2012 10:51 pm

we are applying in person so that we can get the reply the same day. we are not applying through post. will this make any difference?

2012
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Post by 2012 » Tue Jan 03, 2012 11:21 pm

sidra1 wrote:we are applying in person so that we can get the reply the same day. we are not applying through post. will this make any difference?
1. M really sorry to say but u can not ignore the seriousness of this.
2. OK just say that u get away with it this time but wat wud u do wen u apply for citizenship (on that from u will have to answer the question if u have any criminal convictions or CCJ).
3. By that time your name wud be entered on the register with the dates wen it happended (During your dad's ILR Application) and HO will know exactly wen this happended.
4. Follow my advice and explain to your dad about it now.

settled_now
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Post by settled_now » Tue Jan 03, 2012 11:33 pm

One would expect such a minor infraction to be laughable.

However, UKBA is somehow capable of digging these things up:

http://www.immigrationboards.com/viewtopic.php?t=67385

I was a kid too ( not really that long ago - maybe thirty years or so ). There are certain times when potential trouble with parents can be measured and the path of "least trouble" taken.

As difficult as it would be, now's the time to confess. At 1350 per person for the same-day appointment, it's just best he knows the whole truth up front - as painful as the truth will be.

linkers
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Post by linkers » Wed Jan 04, 2012 9:12 am

Whatever you do, just be honest.

sidra1
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Post by sidra1 » Fri Jan 06, 2012 5:23 pm

hey everybody i just found out that while prosecuting tfl does not involve police and also that it a non recordable offence so it doesnt show up on pnc or crb.
is there a way that i can apply after my dad? do i ahave to apply with him? can anybody help me

mk357
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Post by mk357 » Fri Jan 06, 2012 5:52 pm

sidra1 wrote:hey everybody i just found out that while prosecuting tfl does not involve police and also that it a non recordable offence so it doesnt show up on pnc or crb.
is there a way that i can apply after my dad? do i ahave to apply with him? can anybody help me
I would suggest to apply with your dad as applying afterwards could be more expensive. Secondly, you are not charged or convicted yet so I think you should be fine. Any delay in applying could make it even worse, if it is after conviction.

linkers
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Post by linkers » Fri Jan 06, 2012 6:12 pm

I think you will be alright.

2012
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Post by 2012 » Fri Jan 06, 2012 10:55 pm

sidra1 wrote:hey everybody i just found out that while prosecuting tfl does not involve police and also that it a non recordable offence so it doesnt show up on pnc or crb.
is there a way that i can apply after my dad? do i ahave to apply with him? can anybody help me
1. If you do not want to apply with your dad then wen does u leave expire?
2. Remember ILR cases normally takes longer period.
3. Do check wen u leave expire as u dad's application might still be with HO while u leave is coming to an end.
4. If you have been issued with a court summons then it is a CCJ and it is seperate register.
5. In general, applying seperately cost more and as long as u meet the requirement, application will be approved regardless applying seperately or with the main applicant.

sidra1
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Post by sidra1 » Sat Jan 07, 2012 8:20 pm

hey i just wanted to let everybody know that ive got ilr..

i am so relieved.. i applied because i dont have the court summons yet and it has not been issued yet so no record.. i would settle my case out of court so that i dont get any convictions before applying for the passport

thanks for eveyones suggestions here.. let me know if anyone needs my help.

vsh
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Post by vsh » Sun Jan 08, 2012 2:37 pm

sidra1 wrote:hey i just wanted to let everybody know that ive got ilr..

i am so relieved.. i applied because i dont have the court summons yet and it has not been issued yet so no record.. i would settle my case out of court so that i dont get any convictions before applying for the passport

thanks for eveyones suggestions here.. let me know if anyone needs my help.
Did your Dad mention this on his form or you totally ignored this when u applied?

aashu
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Hi i have the same problem i need your help how did you deal

Post by aashu » Sat Jan 28, 2012 1:18 pm

sidra1 wrote:hey i just wanted to let everybody know that ive got ilr..

i am so relieved.. i applied because i dont have the court summons yet and it has not been issued yet so no record.. i would settle my case out of court so that i dont get any convictions before applying for the passport

thanks for eveyones suggestions here.. let me know if anyone needs my help.
I am glad you alright with that i need your help i have the same problem please help me how can i contact you?

ADD ME on skype [aaciss]

diehardall1
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Post by diehardall1 » Tue Jan 31, 2012 8:29 pm

I have been in this situation before. whay you need to do is to settle out of court. I paid £250 to settle out of court.

It is better than having a criminal record.

aashu
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Post by aashu » Sun Feb 05, 2012 9:28 pm

diehardall1 wrote:I have been in this situation before. whay you need to do is to settle out of court. I paid £250 to settle out of court.

It is better than having a criminal record.
thanks for reply do you know how you did that? do you have to write a letter to them?

sys_sagar
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Post by sys_sagar » Sun Feb 05, 2012 10:24 pm

how does HO check for minor TFL offences.
I think minor offences doesn't show up on CRB's or PNC

Site Moderators/Seniors? PLease advise?

diehardall1
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Post by diehardall1 » Mon Feb 06, 2012 1:01 am

I think i called a TFL number. Someone there gave me the righ tnumber to call. Upon calling the number, the person took my email and sent me a form to fill to settle out of court. I paid £250 afterwards and that was the end.

call any tfl number and they will direct you appropriately.

If you are convicted in court for fare dodging. It is a criminal record straight away. I read the judge just convict people 99% of the time.

The people who are not convicted are folks that the prosecuting TFL officer refused to show up.

But for other minor offence that you paid immediate fine......HO has nothing to do with those.

sys_sagar
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Post by sys_sagar » Mon Feb 06, 2012 11:08 am

does HO check only CRB and PNC for criminal convictions?
Is it possible that a criminal conviction doesn't show up on either of above but still HO finds out and if yes, then how?

sys_sagar
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Post by sys_sagar » Mon Feb 06, 2012 12:36 pm

Do we have a link to caseworker guidance to read on criminality threshold requirement just to make sure that JR applicants are exempt from it

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