My question is regarding section 7 of form SET (O) which reads "...do you or any dependents applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgements made against you?".
My question, based on the above is:
1. Does accidental overstay by 2 days in South Africa by my wife (dependent on my Set (O) on a short visit to South Africa roughly 2 years back constitute a criminal conviction or civil judgement?
She had to pay an administrative fine of 1000 rands to the South African consulate due to the accidental overstay and the consulate has put a stamp in her passport that reads "Fine incurred in terms of Section 50(1) of Act no 13 of 2002".
Is it better to consult an immigration lawyer and would it be better for me to apply for ILR first and apply for my wife separately (maybe using an immigration firm?). We had completely forgotten about this issue as we thought it was minor/closed issue after she paid the fine but then suddenly we are a little nervous after reading about people having issues with speeding tickets and such.
We have an appointment on Mon (30th Apr) for the ILR so really appreciate any suggestions.
Details of what happened -
Roughly 2 years back on a visit to South Africa on a visitor visa, my wife accidentally overstayed for 2 days in South Africa. She had to delay her return to UK by a week and realised on the day of departure from South Africa that her multiple entry visa which was valid for a year actually allowed her to stay only for 60 days on each visit. On the day of return, the total number of days in South Africa added up to 62 days for her.
We were told this is a minor thing and she was given a note by South African immigration control at the airport to pay a fine of 1000 rand (approx 86 pounds) at the South African consulate in UK on her arrival in UK. She paid the fine on arrival, however the South African consulate put a stamp in the passport stating "Fine incurred in terms of Section 50(1) of Act no 13 of 2002".
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