Criminal Conviction

[rakeysh.patel]

Around Sushdmehta's post HERE, may I please ask -

I was convicted in court for failing to pay road tax, and had no knowledge about it. The offence took place in sometime early 2008, convicted at Enfield Magistrate's court on 27/01/2009. Tier Visa applied on Jan 31,2009 and approved on 24/3/2009.

Upon receiving bailiff notice, I queried and learnt about it. Went to local district magistrate's court and made Statutory Declaration (as I was unaware of the conviction). Then wrote to DVLA explaining the situation and they decided not to prosecute me again and I paid the penalty outside the court.

Where am I with this? Is this classed as Criminal Conviction because I was prosecuted and issued the fine (bearing in mind the timelines). Or it does not (following is what I was advised) there is no criminal conviction as the case was sort of sent back to Traffic Prosecutes requesting the reopening of the case and to be trialled again. To confirm, I was never trialled or issued the fine by court and initial fine was cancelled as I agree to OCS (Outside court settlement) with DVLA direct.

I know its bit tricky so any advise would be helpful.

Ta,
R

[rushabhjvora]

http://www.whatdotheyknow.com/request/c ... ate_form_1

Mine is similar to your case, however, I just paid the fine rather than settling outside the court. Please refer to UKBA response.

The above link gives reply from UKBA which says that its OK if its non-recordable offense. I did a check on Disclosure Scotland and subject access request and both came clean.

I might just apply for ILR (without extension as I am only 3 months short), look at the above link for full explanation.

I hope this helps.

[rushabhjvora]

Sorry, I thought you are applying for ILR. For Tier 1 extension, you should be OK.

[newbie_t]

Sorry, I thought you are applying for ILR. For Tier 1 extension, you should be OK.

Hi Rushabhjvora,

Please could you let me know the email address you sent your query to?

I have a similar question and would like to confirm it from UKBA.

Many thanks,
Jay

[rakeysh.patel]

Thanks for your help Rushabh. Appreciate your advice. This will be a never ending melodrama lol x