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Traffic offences general grounds for fiance entry refusal?

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wideout81
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Posts: 3
Joined: Fri May 17, 2013 12:06 am
Location: UK

Traffic offences general grounds for fiance entry refusal?

Post by wideout81 » Fri May 17, 2013 9:37 am

Hello,

I am a UK citizen engaged to an Indonesian girl and we are on the verge of applying for her fiancée visa. Until yesterday I believe there were no general grounds for refusal of entry clearance to the UK.

Yesterday, she went through a red light on her moped. When stopped the police officer noticed that her driving licence had expired 5 days before. She was "written up" on both offences and issued with a court date of 31st May. From what I can find out, the likely penalty in court is the equivalent of around a £100 fine.

She has been going around police stations in an attempt to pay the fines and avoid a court appearance.

She had one previous 'running a red light' offence in 2009.

So, there are two scenarios...
1. She pays the fine without going to court
2. She goes to court and gets a fine for both offences

I have looked at the various documents on the UK Border Agency website and it seems to me that there is discretionary grounds for refusal of entry clearance given that these offences would have occurred within 12 months of our planned visa application.

I was wondering if anyone had any similar experiences or an opinion as to the likelihood of our application being refused due to these offences. Would one scenario be more likely to be refused than the other, or regardless of whether or not she goes to court, are we better off waiting a year?

I hope I am making a mountain out of a molehill.

Kind regards,

Mike

wideout81
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Posts: 3
Joined: Fri May 17, 2013 12:06 am
Location: UK

Post by wideout81 » Fri May 17, 2013 10:39 am

For what it is worth, I just found out that my fiancée managed to pay her fine (£10!) without going to court. Still, any opinions are very welcome as to the likelihood of the entry clearance being refused.

Regards,

Mike

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Post by Amber » Fri May 17, 2013 10:43 am

wideout81 wrote:For what it is worth, I just found out that my fiancée managed to pay her fine (£10!) without going to court. Still, any opinions are very welcome as to the likelihood of the entry clearance being refused.

Regards,

Mike
See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary pg35 and http://www.ukba.homeoffice.gov.uk/polic ... rfl/rfl10/

As there is discretion to refuse there is no guarantee. However, given the circumstances it's unlikely she would be refused.
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wideout81
Newly Registered
Posts: 3
Joined: Fri May 17, 2013 12:06 am
Location: UK

Post by wideout81 » Sat May 25, 2013 1:07 pm

Thanks Amber. Much appreciated.
Regards,

Mike

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