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Confused filling VAF4 Form - Part 5

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Danbrix
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Posts: 150
Joined: Wed Oct 01, 2008 1:54 pm

Confused filling VAF4 Form - Part 5

Post by Danbrix » Sun Oct 05, 2008 12:30 pm

I am a failed asylum seeker who came to the UK 11 years ago and currently in process of leaving the UK to apply for a re-entry clearance. My wife is a British citizen and we have a 3 years old son.

In 5.1 says "Have you ever travelled outside your country of residence, including to the UK, in the last 10 years?" and In 5.6 it says "Have you made an application to the Home Office to remain in the UK in the last 10 years?" Now, I made my first application in 1997 and the recent one on Human Rights in 2006, do you think all this is last 10 years questions apply to me?

and another one in 5.9 says "Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court (including traffic offences)?" I was once fined £60 and penalised 3 points on my licence for a traffic offence which is cleared now. Should that be included?

Thanks for your help.

jei2
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Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Re: Confused filling VAF4 Form - Part 5

Post by jei2 » Sun Oct 05, 2008 2:11 pm

Danbrix wrote:I am a failed asylum seeker who came to the UK 11 years ago and currently in process of leaving the UK to apply for a re-entry clearance. My wife is a British citizen and we have a 3 years old son.

In 5.1 says "Have you ever travelled outside your country of residence, including to the UK, in the last 10 years?"
If you've never left the UK in the last 11 years answer no.
In 5.6 it says "Have you made an application to the Home Office to remain in the UK in the last 10 years?" Now, I made my first application in 1997 and the recent one on Human Rights in 2006, do you think all this is last 10 years questions apply to me?
If you made another one in 2006 based on grounds different to those in 1997 answer yes,
and another one in 5.9 says "Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court (including traffic offences)?" I was once fined £60 and penalised 3 points on my licence for a traffic offence which is cleared now. Should that be included?

Thanks for your help.
You've already been tried so the answer is no.
Oh, the drama...!

Danbrix
Member
Posts: 150
Joined: Wed Oct 01, 2008 1:54 pm

Post by Danbrix » Sun Oct 05, 2008 3:03 pm

Thanks jei2 for your reply.

My problem with 5.9 is that it says "Have your ever .....?", ever as I understand it, doesn't have a cap on time limits. For instance just for sake argument if you look at question 5.8 it says "Do you have any criminal convictions in any country (including traffic offences)?". They could have crafted the question to include ever which would mean applicants need to disclose all convictions (spent or unspent). This would contradict their own guideline because applicants can legitimately say no to this questions as long as it is spent. Therefore they avoided the use of ever.

Now going back to my original question, I was fined and penalised on the spot for a minor traffic offence and at the moment my driving licence is clean. But I am a bit confused if I would have to disclose a traffic offence no matter how far back it was committed?

jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Sun Oct 05, 2008 4:25 pm

I've assumed that you would have pointed out the spent offence in 5.8. This covers you to answer no in 5.9
Oh, the drama...!

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