Criminal History Check Please Help Urgent

[Yazzy]

If a spouse visa is refused because of some papers and the refusal is appealed
Will the applicants criminal history be checked again?

What if at the time of the application he was clear but he was prosecuted after the refusal for some traffic offences such as driving without a licence
WIll this be bought up in court?

He maintains it wasnt him and someone used his name and the police have no evidence against him

what happens? will this delay the appeal?

At what stage do we find out that the UKBA are aware of this?

[Amber]

If a spouse visa is refused because of some papers and the refusal is appealed
Will the applicants criminal history be checked again?

What if at the time of the application he was clear but he was prosecuted after the refusal for some traffic offences such as driving without a licence
WIll this be bought up in court?

He maintains it wasnt him and someone used his name and the police have no evidence against him

what happens? will this delay the appeal?

At what stage do we find out that the UKBA are aware of this?

An appeal looks at the time of the application. You say that he has been prosecuted, has he been convicted?

[Yazzy]

Basically he was ordered to go to court but he didnt go

Then a letter was sent saying the court has ordered him to pay £700
with a deadline which he didnt do

Havent heard anything after that

He was an overstayer and he was back in his country when all these court letters came for the offence
But it was his friend who used his name

[Amber]

Basically he was ordered to go to court but he didnt go

Then a letter was sent saying the court has ordered him to pay £700
with a deadline which he didnt do

Havent heard anything after that

He was an overstayer and he was back in his country when all these court letters came for the offence
But it was his friend who used his name

The magistrates will take enforcement action, the fine will substantially increase and the bailiffs will try and recover the money. If his friend used his name then he should have gone to court and told them. You only have 21 days to appeal a magistrates decision, however, it can be extended in exceptional circumstances.

It depends what checks were made before the refusal, if the decision was refused prior to the criminal checks, then they could be done after the appeal. Regardless of that, did the application not say are there any other reasons which may give grounds for refusal re; character? The fact that he was summoned to court would be one.

[Yazzy]

His spouse visa was refused on 19th March

He was ordered to pay the court fine by 27th March which has long gone

His spouse visa was refused because they dont think our marriage is genuine

Nothing about the traffic offence is mentioned which means they are not aware of it

Does this mean now they will know about this court summon as we have appealed and they will do a criminal check

what do i do?

[Amber]

His spouse visa was refused on 19th March

He was ordered to pay the court fine by 27th March which has long gone

His spouse visa was refused because they dont think our marriage is genuine

Nothing about the traffic offence is mentioned which means they are not aware of it

Does this mean now they will know about this court summon as we have appealed and they will do a criminal check

what do i do?

So at the time of the application he was aware of an impending court case and he didn't mention it?

[Yazzy]

No he wasn't aware of it
The court case letter was only received in February or beginning of march and the spouse visa was submitted in January

[oishola77778]

His spouse visa was refused on 19th March

He was ordered to pay the court fine by 27th March which has long gone

His spouse visa was refused because they dont think our marriage is genuine

Nothing about the traffic offence is mentioned which means they are not aware of it

Does this mean now they will know about this court summon as we have appealed and they will do a criminal check

what do i do?

So at the time of the application he was aware of an impending court case and he didn't mention it?

guys I am been asked a question, which honestly I cannot answer and board advise is urgently required.

My husband's best friend previously in 2006 was arrested for drink drive offence, he was convicted 1 year driving ban and a fine of £250 ( he paid the fine and was off road for the year)

When he was arrested, his fingerprints were taken but suprisingly they got his name all spelled incorrectly and even date of birth wrong.

He made his FLR(M) application in 2010 but was granted discretionary leave - he enrolled his biometrics in UKBA croydon as part of the application but was granted discretionary leave which was endorsed in his passport and no fingerprint match nor reference was made to the drink drive offence - he did not mention this on his application because it was a wrong name.

Question asked - he is now getting ready to apply for the extension of discretionary leave FLR(O) (with the new BRP ID CARDS requirements) should he declare the offence?? Is it possible for homeoffice to now raise a match??

This is a very tricky one for me and I cannot advise him alone, PLEASE any advise will be appreciated.

[Amber]

His spouse visa was refused on 19th March

He was ordered to pay the court fine by 27th March which has long gone

His spouse visa was refused because they dont think our marriage is genuine

Nothing about the traffic offence is mentioned which means they are not aware of it

Does this mean now they will know about this court summon as we have appealed and they will do a criminal check

what do i do?

So at the time of the application he was aware of an impending court case and he didn't mention it?

guys I am been asked a question, which honestly I cannot answer and board advise is urgently required.

My husband's best friend previously in 2006 was arrested for drink drive offence, he was convicted 1 year driving ban and a fine of £250 ( he paid the fine and was off road for the year)

When he was arrested, his fingerprints were taken but suprisingly they got his name all spelled incorrectly and even date of birth wrong.

He made his FLR(M) application in 2010 but was granted discretionary leave - he enrolled his biometrics in UKBA croydon as part of the application but was granted discretionary leave which was endorsed in his passport and no fingerprint match nor reference was made to the drink drive offence - he did not mention this on his application because it was a wrong name.

Question asked - he is now getting ready to apply for the extension of discretionary leave FLR(O) (with the new BRP ID CARDS requirements) should he declare the offence?? Is it possible for homeoffice to now raise a match??

This is a very tricky one for me and I cannot advise him alone, PLEASE any advise will be appreciated.

You should start you own thread. What you are saying is that the applicant purposefully omitted a conviction 'a material fact' from his application in order to not be possibly refused. Well that is deception, it should be declared but I'm not sure how the ukba would view it as it was not previously declared.

[Yazzy]

Anyone have any advice for me for my situation
Please!

[socrates17]

We have a similar but not identical siuation, we had a row one day and my wife was charged with common assault. However the charges were later dropped and no further action was taken. Now we are applying for a spouse visa (yes we made up) Surely this does not come under the question of any charges for which you have not yet been convicted? Should it be declared anyway. there is no deception. Is it a material fact?

[Amber]

We have a similar but not identical siuation, we had a row one day and my wife was charged with common assault. However the charges were later dropped and no further action was taken. Now we are applying for a spouse visa (yes we made up) Surely this does not come under the question of any charges for which you have not yet been convicted? Should it be declared anyway. there is no deception. Is it a material fact?

This is totally different to the other poster who used deception. As no further action was taken there is no issue.

[socrates17]

We have a similar but not identical siuation, we had a row one day and my wife was charged with common assault. However the charges were later dropped and no further action was taken. Now we are applying for a spouse visa (yes we made up) Surely this does not come under the question of any charges for which you have not yet been convicted? Should it be declared anyway. there is no deception. Is it a material fact?

This is totally different to the other poster who used deception. As no further action was taken there is no issue.

But will it show up on their PNR check? Could go against "general good character" - should we declare it or just not mention it?

[Amber]

We have a similar but not identical siuation, we had a row one day and my wife was charged with common assault. However the charges were later dropped and no further action was taken. Now we are applying for a spouse visa (yes we made up) Surely this does not come under the question of any charges for which you have not yet been convicted? Should it be declared anyway. there is no deception. Is it a material fact?

This is totally different to the other poster who used deception. As no further action was taken there is no issue.

But will it show up on their PNR check? Could go against "general good character" - should we declare it or just not mention it?

Declare it you shouldn't have a problem.