2nd Extension ! please help

[dream2z]

Dear all,

I'll DIY my whole family visa applications, could you please kindly give me advise for the following issues:

I got my Tier 1 entrepreneur visa in 2011, extended it in 2014, the current visa is expired this year. I should be able to apply for settlement this year, but due to the following matters, I think extension is only choice. In July 2015 my husband and I received a police simple caution in the police station (child cruelty-was misunderstanding. then worked with social worker for 8months, case closed now). Also in December 2015, my company (the only one I claim for the points for my visa) received a civil penalty due to employment of an illegal worker (didn’t know the worker used fake BRP, no follow-up employee checks conducted), and the fine was paid. Additionally, I have three dependants (two kids under 8years old and husband) living with me in the UK.

On the page 48 of the General Grounds for Refusal - Non-custodial sentences - convicted of, or admitted an offence for which they received a non-custodial sentence -24 months leave to remain.
On page 50: A fine is considered to be a non-custodial sentence which forms part of the person’s criminal record. If a person has a fine (regardless of the size and/or amount they were fined) within the relevant timeframe, you must: • refuse the application (where mandatory), or • consider refusing the application (where discretionary).
On page 54: A police caution forms part of a person's criminal record and therefore if a person has a caution within the relevant timeframe, you must: • refuse the application (where mandatory), or • consider refusing the application (where discretionary).
On page 95: Employment of illegal workers - Where the applicant has been fined for an offence related to this, you must either: • refuse the application (where mandatory), or • consider refusing the application (where discretionary).
On page 38: ILR (settlement): Convicted of a non-custodial offence - Unless the conviction was more than two years ago
On page 35: Leave to remain - For non-custodial offence, the refusal type is Discretionary – see note four (must be considered under character, conduct and associations, persistent offender and serious harm categories)

Questions:
1. Is my civil penalty constitutes a fine (non-custodial offence)? I’m the sole director of my company, and the receiver of the civil penalty notice is the company, in this case, is the civil penalty on me?
2. Is a simple caution or civil penalty constitutes a criminal offence? IF YES, when I answer YES in the Tier 1 (Entrepreneur) Application form (version 04/2016) Page 22, question E1. Have you been convicted of any criminal offence in the UK or any other country? For the question E2. Please give details below for each criminal conviction, starting with the most recent one. If you have received more than two convictions, please photocopy this page and enclose it with this form - Do I need to list both details of the simply caution and the civil penalty? IF NO, is it necessary to declare the simple caution in a separate letter?
3. How about the question on Page 22, E3. Do you have any civil judgments against you or any civil penalty under the UK Immigration Acts?
4. Is there anything I can do for my application approval? eg. a cover letter explains the happening of the simply caution and civil penalty or other things? business landlord letter? Social worker letter?
5. what are the chances of getting the visa?
6. If my extension is approved, when can I apply for the ILR? in July 2017(after 24months the caution spent) or December 2017(after 24months the civil penalty spent)?

My husband withdrew his visa application in 2007 due to family issue, his visa was valid until 31/08, and he applied for the visa on 08/08, his passport was returned on 03/10 without visa, and he left the UK on 04/10. Then he returned to the UK on 06/11/07 with his new visa issued on 26/10/07 in his country. (A)
Also, he got a refusal of 10years long residence application, his dependant visa was valid until 02/07/14, ILR application was sent in April 2014, and it’s refused on 16/09 due to the continuous residence has been broken. He could appeal, or leave the UK. From 23/09, he tried to contact Home Office to have passport returned, but at the end he got it at the airport on 08/11 the day he went back to his country, then he returned to the UK on 16/12/2014 with dependent visa. (B)

Questions:
1. On page24 in the Tier 1 or 5 Dependant Application Form question K14; Have you ever stayed in the United Kingdom beyond the expiry date of your period of leave? (ht) - is it a YES or No for both case A and B ?
2. Is it YES for question K18; Have you ever been refused entry clearance, leave to enter or leave to remain in the UK? (ht)
3. For the question K20; Have you ever been removed, required to leave or deported from the UK? (ht) - is it YES? As he was asked to leave, if not appeal.

Thank you very much!!!

[zimba]

I highly suggest you read the Good Character requirements for ILR here: https://www.gov.uk/government/uploads/s ... _D_v02.pdf

1. Is my civil penalty constitutes a fine (non-custodial offence)? I’m the sole director of my company, and the receiver of the civil penalty notice is the company, in this case, is the civil penalty on me?

You are personally responsible

2. Is a simple caution or civil penalty constitutes a criminal offence? ....

It is not a conviction but it is still an offence that must be declared.

3. How about the question on Page 22, E3. Do you have any civil judgments against you or any civil penalty under the UK Immigration Acts?

You need to declare that you hired an illegal immigrant and got a civil penalty. According to the law it is entirely your responsibility to hire legal workers

4. Is there anything I can do for my application approval? eg. a cover letter explains the happening of the simply caution and civil penalty or other things? business landlord letter? Social worker letter?

Be truthful and declare both the civil penalty and the police caution.

5. what are the chances of getting the visa?

Given that you committed an immigration offence, it could be that you might get refused. This is really up to HO

6. If my extension is approved, when can I apply for the ILR? in July 2017(after 24months the caution spent) or December 2017(after 24months the civil penalty spent)?

You have to wait for up to 3 years from the date of your police caution, that means you will NOT be able to apply for ILR until at least July 2018.

1. On page24 in the Tier 1 or 5 Dependant Application Form question K14; Have you ever stayed in the United Kingdom beyond the expiry date of your period of leave? (ht) - is it a YES or No for both case A and B ?

It seems to be YES from what you wrote.

2. Is it YES for question K18; Have you ever been refused entry clearance, leave to enter or leave to remain in the UK? (ht)

Should be yes

3. For the question K20; Have you ever been removed, required to leave or deported from the UK? (ht) - is it YES? As he was asked to leave, if not appeal.

Yes, been asked to leave so voluntarily left

[dream2z]

Dear Zimba88 Thank you for your swift reply. But

4. ' Be truthful and declare both the civil penalty and the police caution.' -- do i need to explain both civil penalty and caution from A to Z in the cover letter and enclose a copy of the documents along with the application?

6. 'You have to wait for up to 3 years from the date of your police caution, that means you will NOT be able to apply for ILR until at least July 2018. ' -- if extension approved this time, i will apply for ILR, not naturalisation, still 3years spend time? please kindly send me a link

Thank you very much

[zimba]

Dear Zimba88 Thank you for your swift reply. But

4. ' Be truthful and declare both the civil penalty and the police caution.' -- do i need to explain both civil penalty and caution from A to Z in the cover letter and enclose a copy of the documents along with the application?

6. 'You have to wait for up to 3 years from the date of your police caution, that means you will NOT be able to apply for ILR until at least July 2018. ' -- if extension approved this time, i will apply for ILR, not naturalisation, still 3years spend time? please kindly send me a link

Thank you very much

You should declare the offences and provide details briefly.
I also mistakenly said you have to wait 3 years regarding ILR. In fact you need at least 24 months for ILR to be successful.
See page 22 of this guide: https://www.gov.uk/government/uploads/s ... _0_ext.pdf

[dream2z]

Thank you for your advice again Zimba88, and i just remembered that my company received two penalty charge notices (PCN) for the waste bin occupied on the footway out of the permitted time, should i disclose it as well?

[zimba]

Thank you for your advice again Zimba88, and i just remembered that my company received two penalty charge notices (PCN) for the waste bin occupied on the footway out of the permitted time, should i disclose it as well?

FPNs and PCNs are not recorded on your criminal record and you do not need to disclose them unless you end up in court over them (if you challenge them and lose, if you fail to pay, ... etc)