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PSW Confusion over traffic offences

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

PSW Confusion over traffic offences

Post by fazhaque » Thu Dec 23, 2010 9:06 pm

Hi i please need your help. i finish my MSc and apply for PSW on 7th Nov got acknowledge letter on 10th Nov. Ok the problem is now, i was stopped by police on 18th Oct and they told me i was driving on a revoked licence because i had 6 points on my licence within two year so my licence was revoked but i didn't know that and they took my licence do a interview in the car and told me i have to took the test again. Within 3 weeks i passed my test again and got new licence. On 18th Nov i got a Summon from court and it says to go to court on 6th Jan and the offence is "driving a vehicle not accordance with the licence" although the day police stopped me they didn't say that i will get a letter from court.

anyway now the problem is because i didnt get the court letter before i send the application for PSW i didnt mentioned any conviction because i didnt know that i have a conviction. So my question is do i need to inform the Home office now about this ( Even though i haven't been to court yet and dont know what court will fine me) or wait until 6th Jan, see what court say and then inform the Home office. You know i am very very worried now and dont know what to do...will this affect my Visa? please give me some advice. sorry for long post but i wanted make it clear for you to understand my problem. Thanks

chinagef
Junior Member
Posts: 83
Joined: Sat Sep 26, 2009 12:04 am
Location: London, UK

Re: PSW Confusion over traffic offences

Post by chinagef » Thu Dec 23, 2010 9:18 pm

fazhaque wrote:Hi i please need your help. i finish my MSc and apply for PSW on 7th Nov got acknowledge letter on 10th Nov. Ok the problem is now, i was stopped by police on 18th Oct and they told me i was driving on a revoked licence because i had 6 points on my licence within two year so my licence was revoked but i didn't know that and they took my licence do a interview in the car and told me i have to took the test again. Within 3 weeks i passed my test again and got new licence. On 18th Nov i got a Summon from court and it says to go to court on 6th Jan and the offence is "driving a vehicle not accordance with the licence" although the day police stopped me they didn't say that i will get a letter from court.

anyway now the problem is because i didnt get the court letter before i send the application for PSW i didnt mentioned any conviction because i didnt know that i have a conviction. So my question is do i need to inform the Home office now about this ( Even though i haven't been to court yet and dont know what court will fine me) or wait until 6th Jan, see what court say and then inform the Home office. You know i am very very worried now and dont know what to do...will this affect my Visa? please give me some advice. sorry for long post but i wanted make it clear for you to understand my problem. Thanks
My understanding is that you have not yet been convicted of the offence, and though it seems inevitable that you will eventually be convicted, at the time of application you were not (and still have not) been convicted of an offence.

I would suggest that you keep the envelopes and letters from the courts as evidence of the dates you received them (check Postal Rule) and if it does come up in your visa application, to inform them of your position.

You may wish to consider, upon receiving the conviction, of advising the Home Office of the circumstances if you have still yet to receive your visa by then.

In any case, I would seek written advice from a regulated immigration expert.

fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

Post by fazhaque » Thu Dec 23, 2010 9:46 pm

Hi, chinagef
Thanks a lot for your advice, i am still unsure what should be the best option, i am just worried if the Home Office do the CRB check and find that, offences is not disclosed in the application ( i did the offences but not yet convicted as i mentioned) and refuse my visa. Do you think i should inform them with the change of circumstances form or as you said wait until court hearing..thanks again and i would really appreciate some other expert's advice as well..many thanks

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Dec 23, 2010 11:52 pm

you havent broken any "immigration law" because you did not lie/withold the information, on the day you submitted your application... so you are alright there....


for extra peace of mind, wait until you have been convicted formally... once you have, and you still havent received your visa, then change of circumstances, form MUST be submitted.

if i were you, i would send change of circumstances form right now, and update them about your pending court visit. They cant refuse you visa just because you have been summoned by the court!!!...

regards

aliq09
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Posts: 370
Joined: Tue Apr 27, 2010 10:39 pm
Location: London
Mood:
United States of America

Re: PSW Confusion over traffic offences

Post by aliq09 » Sat Dec 25, 2010 11:45 am

fazhaque wrote:Hi i please need your help. i finish my MSc and apply for PSW on 7th Nov got acknowledge letter on 10th Nov. Ok the problem is now, i was stopped by police on 18th Oct and they told me i was driving on a revoked licence because i had 6 points on my licence within two year so my licence was revoked but i didn't know that and they took my licence do a interview in the car and told me i have to took the test again. Within 3 weeks i passed my test again and got new licence. On 18th Nov i got a Summon from court and it says to go to court on 6th Jan and the offence is "driving a vehicle not accordance with the licence" although the day police stopped me they didn't say that i will get a letter from court.

anyway now the problem is because i didnt get the court letter before i send the application for PSW i didnt mentioned any conviction because i didnt know that i have a conviction. So my question is do i need to inform the Home office now about this ( Even though i haven't been to court yet and dont know what court will fine me) or wait until 6th Jan, see what court say and then inform the Home office. You know i am very very worried now and dont know what to do...will this affect my Visa? please give me some advice. sorry for long post but i wanted make it clear for you to understand my problem. Thanks


Hi ,

You have 2 separate matters so the best way is to inform UKBA about it . ASAP
Thanks

Ali

Sky_High
Member of Standing
Posts: 274
Joined: Sun Nov 02, 2008 5:45 pm

Post by Sky_High » Sat Dec 25, 2010 2:39 pm

How come you did not know about 6 points?

taha81
Newbie
Posts: 38
Joined: Mon Oct 11, 2010 9:56 am

Post by taha81 » Sat Dec 25, 2010 7:16 pm

If the person is fulfilling all the requirements of PSW visa BUT have got couple of Traffic Offenses and didn't pay the fine imposed by court.
Does the HO refused the application on the basis of these offenses ???

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Sun Dec 26, 2010 1:05 am

offences do not invalidate your psw application automatically.

FAILING to mention that on your application might invalidate it!

regards

fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

Post by fazhaque » Mon Dec 27, 2010 2:40 pm

arsenal49 wrote:you havent broken any "immigration law" because you did not lie/withold the information, on the day you submitted your application... so you are alright there....


for extra peace of mind, wait until you have been convicted formally... once you have, and you still havent received your visa, then change of circumstances, form MUST be submitted.

if i were you, i would send change of circumstances form right now, and update them about your pending court visit. They cant refuse you visa just because you have been summoned by the court!!!...

regards
Hi,
Sorry i am very confused now...some expert advice please. should i inform the Home Office now or wait until the court decision? please help me further...i have only few days left.
Thanks

fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

Post by fazhaque » Mon Dec 27, 2010 2:44 pm

Sky_High wrote:How come you did not know about 6 points?
Hi,
i knew about the 6 points but i didn't know that my licence is revoked because of this 6 points.

fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

PSW Confusion over traffic offences

Post by fazhaque » Thu Dec 30, 2010 9:49 pm

By the Grace of Almighty Allah got my passport back today with 2 years visa....thanks guys for your advice.

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Thu Dec 30, 2010 10:03 pm

congrats ....:) happy days

fazhaque
Junior Member
Posts: 79
Joined: Thu Dec 23, 2010 8:40 pm

Post by fazhaque » Fri Dec 31, 2010 7:12 pm

arsenal49 wrote:congrats ....:) happy days
Thanks a lot mate for your advice :)

shani84
Newly Registered
Posts: 7
Joined: Sat Jan 08, 2011 2:47 am

Post by shani84 » Sat Jan 08, 2011 3:16 am

Brother
There is a difference between criminal conviction and a traffic conviction
so dont worry it wont affect ur visa

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sat Jan 08, 2011 11:31 am

shani84 wrote:Brother
There is a difference between criminal conviction and a traffic conviction
so dont worry it wont affect ur visa
If you get convicted in court for a traffic offence it is a criminal conviction. It is a crime to drive a car without a licence.

I imagine that if you clock up enough traffic offences, or they are serious such as driving without a licence or drink driving, that it can effect future applications.

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