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Tier 2 extension refused - traffic offence not declared

Only for UK Skilled Worker and Tier 2 (Employer Sponsored) points system Tier 2

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pab677
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Tier 2 extension refused - traffic offence not declared

Post by pab677 » Tue Feb 16, 2016 5:25 pm

Hello Guys,

I am in a similar situation as my Tier 2 application has been refused under paragraph 322(1A).

I have disclosed my traffic offense but I did not do that for my caution. As I though the caution was spent, and that I was also advised at the Police station that this will only remain at the local Police database and it's not a criminal conviction. I have been given the chance to send my application for administrative review, please if you have any useful suggestion, advise me on this matter.

Many thanks.

sanjeevan.05
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Re: Tier 2 extension refused - traffic offence not declared

Post by sanjeevan.05 » Thu Aug 18, 2016 10:26 am

HI guys,

I ma in same condition, my tier 2 extension got refused because of 322 (1a) and then they put 320(7b)

Can you please let me know what was the outcome for your case?

I have applied admin review

Thanks

Purdamit
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Posts: 70
Joined: Thu Aug 18, 2016 10:41 am

Re: Tier 2 extension refused - traffic offence not declared

Post by Purdamit » Thu Aug 18, 2016 3:48 pm

pab677 wrote:Hello Guys,

I am in a similar situation as my Tier 2 application has been refused under paragraph 322(1A).

I have disclosed my traffic offense but I did not do that for my caution. As I though the caution was spent, and that I was also advised at the Police station that this will only remain at the local Police database and it's not a criminal conviction. I have been given the chance to send my application for administrative review, please if you have any useful suggestion, advise me on this matter.

Many thanks.
have you received the admin review decision as i am in the same boat

asp
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Re: Tier 2 extension refused - traffic offence not declared

Post by asp » Thu Aug 18, 2016 11:07 pm

Rehab of offenders has not applied to Home Office since Oct 2012, so "spent" is meaningless.
https://www.gov.uk/government/uploads/s ... _clean.pdf

It will not be accepted as a genuine mistake.

In terms of whether you can carry on working it depends on whether you are covered by s3C. What was the date of (a) expiry of Tier 2 leave (b) extension application and (c) refusal?

Purdamit
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Re: Tier 2 extension refused - traffic offence not declared

Post by Purdamit » Fri Aug 19, 2016 8:43 am

asp wrote:Rehab of offenders has not applied to Home Office since Oct 2012, so "spent" is meaningless.
https://www.gov.uk/government/uploads/s ... _clean.pdf

It will not be accepted as a genuine mistake.

In terms of whether you can carry on working it depends on whether you are covered by s3C. What was the date of (a) expiry of Tier 2 leave (b) extension application and (c) refusal?
what if the conviction was more than 9 years and you forgot genuinely to mention in the application.will that help in the admin review to turn positive results.

Purdamit
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Re: Tier 2 extension refused - traffic offence not declared

Post by Purdamit » Fri Sep 02, 2016 7:43 am

sanjeevan.05 wrote:HI guys,

I ma in same condition, my tier 2 extension got refused because of 322 (1a) and then they put 320(7b)

Can you please let me know what was the outcome for your case?

I have applied admin review

Thanks
Hi ,
when did you apply for AR and have you got reply or still waiting . please update as i am in same boat.

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dragon098
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Re: Tier 2 extension refused - traffic offence not declared

Post by dragon098 » Fri Sep 02, 2016 8:38 am

Hi Guys,

I am due to apply for Tier 2 extension and I have Traffic Offense for Speeding (SP30).

Are you saying that even speeding should be mentioned while filling the form. And I am not sure if this is called Criminal Offense or is it.

Would really appreciate if you could help here.

Regards,
Dragon098

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Casa
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Re: Tier 2 extension refused - traffic offence not declared

Post by Casa » Fri Sep 02, 2016 8:46 am

It should be declared.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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dragon098
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Re: Tier 2 extension refused - traffic offence not declared

Post by dragon098 » Fri Sep 02, 2016 8:51 am

Casa,

Just to confirm, It should be declared in criminal offense section or CIVIL Penalty section because as far as I know there is no Traffic Offense section.

One more question, I did receive PCN for driving in Bus Lane. Do i need to declare PCN that too.

Thanks

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Casa
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Re: Tier 2 extension refused - traffic offence not declared

Post by Casa » Fri Sep 02, 2016 8:59 am

dragon098 wrote:Casa,

Just to confirm, It should be declared in criminal offense section or CIVIL Penalty section because as far as I know there is no Traffic Offense section.
Was the offence heard in Court?

One more question, I did receive PCN for driving in Bus Lane. Do i need to declare PCN that too. Yes

Thanks
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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dragon098
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Re: Tier 2 extension refused - traffic offence not declared

Post by dragon098 » Fri Sep 02, 2016 9:02 am

Hi Casa,

PCN was paid to Camden Council online £65 and Speeding (Sp30) was paid online to Metropolitan Police £100.

I was not called to court or anything.

Thanks

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Casa
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Re: Tier 2 extension refused - traffic offence not declared

Post by Casa » Fri Sep 02, 2016 9:08 am

dragon098 wrote:Hi Casa,

PCN was paid to Camden Council online £65 and Speeding (Sp30) was paid online to Metropolitan Police £100.

I was not called to court or anything.

Thanks
A Criminal Conviction
"road traffic offences (speeding, parking fines) except where the matter has been dealt with by way of a 'fixed penalty notice' as such matters do not constitute a criminal conviction"

If you were issued with a FPN you should declare it under 'civil penalties'. The same with a PCN.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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dragon098
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Re: Tier 2 extension refused - traffic offence not declared

Post by dragon098 » Fri Sep 02, 2016 1:31 pm

Hi Casa and others,

I was researching again and came across another thread in regards to traffic offense and it states following.
Question 7.1. Have you or any dependents who are applying with you been convicted of any criminal offence in the UK or any other country?

Section 7.2. asks to declare the conviction if there is any. There is a note below which states “We will carry out criminal record checks on all applicants and dependants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences”
Does it mean that I don't need to declare because my offense was just speeding. If that's true then I don't understand why the author of this thread got his visa refused?

http://www.immigrationboards.com/indefi ... 87404.html

Regards,
dragon

zooz333
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Re: Tier 2 extension refused - traffic offence not declared

Post by zooz333 » Mon Apr 10, 2017 9:43 am

dragon098 wrote:Hi Casa and others,

I was researching again and came across another thread in regards to traffic offense and it states following.
Question 7.1. Have you or any dependents who are applying with you been convicted of any criminal offence in the UK or any other country?

Section 7.2. asks to declare the conviction if there is any. There is a note below which states “We will carry out criminal record checks on all applicants and dependants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences”
Does it mean that I don't need to declare because my offense was just speeding. If that's true then I don't understand why the author of this thread got his visa refused?

http://www.immigrationboards.com/indefi ... 87404.html

Regards,
dragon

The Author of that thread did NOT get his visa refused, check out his later post were it's obvious he successfully got his ILR

immigration-for-family-members/moving-t ... 89898.html

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dragon098
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Re: Tier 2 extension refused - traffic offence not declared

Post by dragon098 » Mon Apr 10, 2017 10:02 am

zooz333, look at the date bro I asked on Sep 2016, everything's sorted now, you replied approx 6 months after.

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