Question to Sushdmehta, new criminality threshold (traffic)

[JohnM]

Thank you for updating Criminality Threshold sticky.

If you remember, I wrote that Disclosure Scotland showed my 200 pounds fine and cd10 traffic offence.

Now, I had some news. I requested other check from Association of Police Officers (http://www.acro.police.uk/police_certificates.aspx) which US requires for visa purposes and it said that I have absolutely no convictions. It was written there " NO TRACE" and explained in cover letter - "No Trace" means you don't have any convictions.

Now I checked new Set O form which I will use for Long Residency application. It's quite confusing. They ask there - if I have criminal convictions or not. If I tick NO, then I should go to next point passing the paragraph which says that I should disclose even traffic offences. If I read it and decide that I need to disclose my traffic offence then I have to tick the box that I have criminal conviction. But Association of Police Officers and PNC says I don't have.

I remember you advised to disclose it in the form just in case. But I don't like the idea to tick the box that I have criminal convictions. Won't I give them some ground for refusal by doing this?

Also, you say that FPN given by court does not lead to any criminal record. But Disclosure Scotland showed some record but it was not PNC. Can UKBA be so nasty as to treat any record as criminal record, not only PNC record. Also, can they treat my case not as FPN given by court but as criminal conviction? I know it may look little bit far fetched but after living 9 years and 7 months when it's only 5 months left, you want to know exactly what to do and what is going on and UKBA does not help at all.

Thank you so much for all your help! I think many other people may have the same questions. Thank you!

[JohnM]

Well, as I predicted there are more and more people with similar concerns...

[Spidery_thread]

Thank you for updating Criminality Threshold sticky.

If you remember, I wrote that Disclosure Scotland showed my 200 pounds fine and cd10 traffic offence.

Now, I had some news. I requested other check from Association of Police Officers (http://www.acro.police.uk/police_certificates.aspx) which US requires for visa purposes and it said that I have absolutely no convictions. It was written there " NO TRACE" and explained in cover letter - "No Trace" means you don't have any convictions.

Now I checked new Set O form which I will use for Long Residency application. It's quite confusing. They ask there - if I have criminal convictions or not. If I tick NO, then I should go to next point passing the paragraph which says that I should disclose even traffic offences. If I read it and decide that I need to disclose my traffic offence then I have to tick the box that I have criminal conviction. But Association of Police Officers and PNC says I don't have.

I remember you advised to disclose it in the form just in case. But I don't like the idea to tick the box that I have criminal convictions. Won't I give them some ground for refusal by doing this?

Also, you say that FPN given by court does not lead to any criminal record. But Disclosure Scotland showed some record but it was not PNC. Can UKBA be so nasty as to treat any record as criminal record, not only PNC record. Also, can they treat my case not as FPN given by court but as criminal conviction? I know it may look little bit far fetched but after living 9 years and 7 months when it's only 5 months left, you want to know exactly what to do and what is going on and UKBA does not help at all.

Thank you so much for all your help! I think many other people may have the same questions. Thank you!

@JohnM,

HO is quite lenient on traffic offences unless they are of serious nature.

You must answer 'Yes' to Question 7.1 in SET(O) application form and complete section 7.2 as following:

Country where convicted: United Kingdom
Nature of the offence: Traffic, CD 10
Sentence given: # Penalty Points and £200 Fine.(must mention how many penalty points).
Date sentenced: The date your licence got endorsed with the penalty points. (check your counter part D/L for this).

If you or any dependants who are applying with you were sentenced
to a period of imprisonment, what was the length of the prison
sentence imposed (in months)?
Answer: N/A or 000.

[JohnM]

Thank you for your reply. Can I ask you, are you solicitor and/or did you have similar case?

The reason I asked Sushdmehta is because I think he is solicitor. And I know many people have very good intentions but I would prefer to see opinion of professional based on the law and practice. If you are such professional, could you please confirm. But I still hope Sushdmehta could comment on this, please don't treat it as disrespect to you. It was very kind of you to offer your help and advice.

[JohnM]

Ssidd also had the same crap from Disclosure Scotland:

http://www.immigrationboards.com/viewto ... 740#749740

[ssidd]

John,
what you suggest,,,should i need to apply CRB?

Sidd

[JohnM]

You can order SAR from local police station, it won't show anything.

I wonder, should we attach it to application form just in case. So that UKBA won't be able to accuse us of having criminal record?

I hope Sushdmehta would find time in busy schedule and, hopefully, reply to this topic.

[JohnM]

Sorry if I'm not very patient. If Sushdmehta is busy, could any of the Gurus reply to this topic please. I would be very grateful if you could answer my questions and concerns and it will also help many other people. Thank you very much.