REFUSAL ??, HELP , ILR under JR POLICY

i have posted some questions and but havent't got answers yet. also sent pvt message to site moderators but no reply.

moderators are quick to remove the topic quickly if they find it is duplicate but they are reluctant to reply soon. Not sure what kind of service is that?

i have asked 2 simple questions:

i will be applying for ILR under JR policy. I have one unspent conviction TFL- fare Evasion, received court fine and criminal conviction) , never ever declared before and still doesn't come up on police records or CRB.

1.I am thinking to declare it on ILR application. Is it possible that CW might refuse my application under section 322 saying that I have a criminal conviction?

2. CW may also refuse my application saying that I haven't declared it before and so I used deception last time when got my visa extended?

3. CW may also refuse under general ground saying this offence is serious.

Please advise?

suggest you wait and allow moderators to reply at their convenience. you must appreciate this is a voluntary effort and no one has any obligation to respond.


btw - your old post is still available here!

http://www.immigrationboards.com/viewtopic.php?t=95399

yr Point no 2 is against , u got extn without declaring all facts , but chances r 50 50 , u r coverdd by jr decision , first go for extn than apply ILR

thanks for the advice.
I can't apply for extension as I had my last extension under JR and don't allow any more extension under that criteria.

Secondly, I want to know if I declare it, are they going to see whether I have declared in last extension or not?

What if nothing comes up in their system. are they going to ignore it?

thanks for the advice.
I can't apply for extension as I had my last extension under JR and don't allow any more extension under that criteria.

Secondly, I want to know if I declare it, are they going to see whether I have declared in last extension or not?

What if nothing comes up in their system. are they going to ignore it?

sys_sagar wrote:thanks for the advice.
I can't apply for extension as I had my last extension under JR and don't allow any more extension under that criteria.

Secondly, I want to know if I declare it, are they going to see whether I have declared in last extension or not?

What if nothing comes up in their system. are they going to ignore it?

As I am aware you can have any number of extensions. please see the below link of the HSMP JR policy note. (read point 31) Hopefully a senior member will confirm this.

http://www.ukba.homeoffice.gov.uk/sitec ... review.pdf

31. Migrants will be able to apply for subsequent extensions of stay under the provisions in paragraphs 8-13 should they not wish to apply for settlement.

thanks for your reply.
I contacted UKBA and they told me as I am NOW on Tier1 , I cant apply for extension under JR. I have to go for Tier1 extensino and need to score all points.

But I can apply for ILR under JR without any problems.

The only question I have is:

1. I know that I am protected by JR for unspent conviction. As I am thinking to declare it this time while making ILR application, are they going to refuse it on basis of using deception in my last extension by not delcaring it that time.
2. Having said that, it doesn't show up on enhanced CRB or PNC as it was marked as ANS entry by court as non-recordable offence

I need urgent reply on this

sys_sagar wrote:i have posted some questions and but havent't got answers yet. also sent pvt message to site moderators but no reply.

moderators are quick to remove the topic quickly if they find it is duplicate but they are reluctant to reply soon. Not sure what kind of service is that?

i have asked 2 simple questions:

i will be applying for ILR under JR policy. I have one unspent conviction TFL- fare Evasion, received court fine and criminal conviction) , never ever declared before and still doesn't come up on police records or CRB.

1.I am thinking to declare it on ILR application. Is it possible that CW might refuse my application under section 322 saying that I have a criminal conviction?
2. CW may also refuse my application saying that I haven't declared it before and so I used deception last time when got my visa extended?

3. CW may also refuse under general ground saying this offence is serious.

Please advise?

Dear Friend I can understand your worries. My whole hearted analysis of the situation is. You have 2 options
1) You do not declare it as before. If UKBA computer finds out, your case is rejected straight away on general grounds. No chance of success in appeal as well for not declaring the fact
2) If you declare it ,with a cover letter mentioning why you did not declare (like since it was not on police record/enhanced CRB, and not a recordable
offence) and now to clarify any confusion you want complete truth laid out before ILR. Here there may be a chance that you are given benefit of doubt for being truthful. In case of appeal you stand better chances.
Risk is on both scenarios. There is no single answer. You have to decide what risk you want to take. No moderator/senior member will advise you what you should do. Here people give opinions/experiences and not verdicts

thanks for your kind reply on this matter.

The best option for me is to declare and so, I am going to do that.

1. I am merely asking that if CW going to check if I had declared it last time when I went for extension or not. If he is, then there is a chance of him asking why I didn't declare it before. I believe if nothing comes up on his screen, he can simply avoid it.

Does CW check for offences from last extension till date or from for last 5 years.

Like I said I m thinking to disclose my TFL fare evasion criminal conviction which I didn't declare before when extended my visa, Is CW going to check whether I have declared it before or not?

just to let you all know that I am applying for ILR under JR policy

sys_sagar wrote:Does CW check for offences from last extension till date or from for last 5 years.

Like I said I m thinking to disclose my TFL fare evasion criminal conviction which I didn't declare before when extended my visa, Is CW going to check whether I have declared it before or not?

just to let you all know that I am applying for ILR under JR policy

Although nobody knows what they check on computers but in general it is assumed that they check your security status or criminal histories .As you said that it is non recordable offence ,not showing on police record and on Enhanced CRB, I think you have a good chance. If you declare it please do write a cover letter that it is not showing on CRB /police record and not to mention what you filled in previous application. Cover letter will help as case worker would defitely check on computer to search for your conviction as declared by you and may not find it in line with CRB/police records. So NON RECORDABLE would satisfy her

many thanks for the response, really appreciated.

1. to be honest, i am not worried that if it shows up on their system as I exempt from new criminality threshold due to JR policy.
2. the only worry I have , that I haven't declared it when I have got my visa extension. So, do you think CW will take matter against me saying I have used deception in my last application for not declaring it in the application. Or CW generally don't check what I have declared in my last application and they proceed what I have declared in ILR form.

that's the only worry I have

any suggestions would be really helpfu.

sys_sagar wrote:many thanks for the response, really appreciated.

1. to be honest, i am not worried that if it shows up on their system as I exempt from new criminality threshold due to JR policy.
2. the only worry I have , that I haven't declared it when I have got my visa extension. So, do you think CW will take matter against me saying I have used deception in my last application for not declaring it in the application. Or CW generally don't check what I have declared in my last application and they proceed what I have declared in ILR form.

that's the only worry I have

any suggestions would be really helpfu.

My honest opinion is that they do not check what you previously declared but who knows their working. If they really scrutinise it will take ages to decide one case. Declaring it is honesty and not declaring it was mistake as you truly believed that it is not on CRB/police records/recordable. It was an error and NOT a deception. I wish you best of luck

thanks will , declare it then in the form.

also, will write it in the cover note that is doesn't appear to come up on CRB, PNC etc.

In worst case, if it comes up in their system, i guess I am still protected under JR policy, seniors/moderators has confirmed it.

Upon declaration of the conviction, if it doesn't come up on their system as it is not on CRB or PNC, is it not considered as a false declaration?

Is CW going to ignore the conviction if it doesn't comes up on their system?

Sys_Sagar,

I believe nobody here sees the HO systems, so don't ever expect anyone here to give you what the CW sees on their system.

IMHO,I will advise you to declare it on your application now and write a cover letter with some apologetic statements that it was an oversight not to have declared it on all your previous applications and that the CW should use their good office to favourably consider your current ILR application. This gives you the opportunity to Appeal & argue it in case of refusal that you've actually declared it in your most recent application.

I wish you well.

Regards,
1971.

thanks dear,

i want to know what could happen if

I declare the conviction and it doesn't gets reflected into their systems ?
Are they going to just ignore it or could still consider it?

not sure if somebody has posted such experience before onto this forum.

just to let you know all that I called court today that they confirmed to me my offence (TLF underground) was considered as minor offence and deemed as non-recordable.

When I asked them what is non-recordable means , they told me that it means that it won't come up on CRB and on PNC.

Not sure if I still have to declare it to HO. I am still thinking to declare to UKBA but on the other side, also thinking why to give them opportunity to dig out the court fine which was non recordable.

hi there
I understand your worries and my true sympathies are with you and can i ask you for the sake of members out there who may be in similar situation need your advise about how you lodged your application and what was the outcome?

thnx

hi there
I understand your worries and my true sympathies are with you and can i ask you for the sake of members out there who may be in similar situation need your advise about how you lodged your application and what was the outcome?

thnx

Hi, I have read your post, time back I was in similar situation with traffic offenses one involved driving without insurance
and next one 6months automatic ban for reach 12 points.

With my Tier 1 visas I didn't declare but in ILR I declared very specific to the question asked for straight answer no cover letter or stories to justify.

I wrote something like this in the application:
1. Driving without insurance: 6 points £300 fine, Court date, location, and case number
2. TT99: Automatic 6 months ban, £65 fine, court location, date and case number. (Didn't include any papers related to convictions both were unspent at the time I applied ILR)

Can advise you one suggestion: 1. Just declare in form date and reason of conviction and any court fines (do not say its criminal let them find out if they want to and not even spent/unspent let them find out) and do not write anything more than required. Writing more cover letter etc only makes mess. And do not even mention you didn't declare before.