ILR Refusal for not declaring DR10 Conviction

[Purdamit]

HI Gurus,
i have made my Ilr postal application through tier1 route and received refusal as i have not mentioned my DR10 conviction which happened before 9 years. Thought there is no need to mention this conviction as it is already spent and it is more than 5 years/spent based on ROA.
Given the chance for admin review. what should i do now.
please shed some light for my admin review and it is a genuine error i have made and not to mislead UKVI. what should i do.
322(1A) was imposed in the refusal letter.

[ILR2015-2016]

HI Gurus,
i have made my Ilr postal application through tier1 route and received refusal as i have not mentioned my DR10 conviction which happened before 9 years. Thought there is no need to mention this conviction as it is already spent and it is more than 5 years/spent based on ROA.
Given the chance for admin review. what should i do now.
please shed some light for my admin review and it is a genuine error i have made and not to mislead UKVI. what should i do.
322(1A) was imposed in the refusal letter.

sorry to hear avout your refusal.please confirm When did you post you application?

[Purdamit]

Posted application in the month of may

[Purdamit]

Admins please shed some light on what has to be done next in my situation

[Purdamit]

HI Gurus,
i have made my Ilr postal application through tier1 route and received refusal as i have not mentioned my DR10 conviction which happened before 9 years. Thought there is no need to mention this conviction as it is already spent and it is more than 5 years/spent based on ROA.
Given the chance for admin review. what should i do now.
please shed some light for my admin review and it is a genuine error i have made and not to mislead UKVI. what should i do.
322(1A) was imposed in the refusal letter.

sorry to hear avout your refusal.please confirm When did you post you application?

why did you ask this question? is there some thing related to my query that you wanted to discuss?

[asp]

Since late 2012 convictions do not become spent for the purpose of immigration applications. There is no factual error on the part of HO. You have a conviction which you didn't declare. You can try AR.

[Purdamit]

I am going to mention the details which I have given in the thread. As I accept it is a genuine error what are the possibilities for the refusal decision to be over turned?

[Casa]

Slim. Your challenge is to submit a convincing case for unintentionally withholding details of the conviction. That's going to be difficult.

[Purdamit]

i have read this in immigration rules :

Reasons why it is normally not appropriate to refuse on deception grounds include, but are
not limited to:
 It was a one-off offence, particularly one which happened a long time ago and would
not have led to their case being refused had it been disclosed.
 There are no other attempts to withhold information or provide false information in
connection with their immigration application(s).
 There are no other grounds on which to doubt the person's character.

the conviction was more than 9 years old

[Purdamit]

Slim. Your challenge is to submit a convincing case for unintentionally withholding details of the conviction. That's going to be difficult.

when would i be able to send personal messages to members?

[Casa]

Slim. Your challenge is to submit a convincing case for unintentionally withholding details of the conviction. That's going to be difficult.

when would i be able to send personal messages to members?

When you've made 30 (genuine, not padding) posts.

[Purdamit]

i have read this in immigration rules :

Reasons why it is normally not appropriate to refuse on deception grounds include, but are
not limited to:
 It was a one-off offence, particularly one which happened a long time ago and would
not have led to their case being refused had it been disclosed.
 There are no other attempts to withhold information or provide false information in
connection with their immigration application(s).
 There are no other grounds on which to doubt the person's character.

the conviction was more than 9 years old

Admins please help me what points i have to mention as i have to file for my admin review by next week.

[Casa]

By 'Admins' I assume you mean Moderators, not the Board Administrator. Moderators don't necessarily have more knowledge than other members...and in some cases less. There are currently no other Moderators online.

I can't give you any further advice than I have already given, so be patient and someone will respond if they have the answer.

[Wanderer]

By 'Admins' I assume you mean Moderators, not the Board Administrator. Moderators don't necessarily have more knowledge than other members...and in some cases less. There are currently no other Moderators online.

I can't give you any further advice than I have already given, so be patient and someone will respond if they have the answer.

+1

Also pestering people or groups of people for answers tends to engage their bloody-mindedness chip and make them less likely to respond.

[Purdamit]

By 'Admins' I assume you mean Moderators, not the Board Administrator. Moderators don't necessarily have more knowledge than other members...and in some cases less. There are currently no other Moderators online.

I can't give you any further advice than I have already given, so be patient and someone will respond if they have the answer.

+1

Also pestering people or groups of people for answers tends to engage their bloody-mindedness chip and make them less likely to respond.

it is not to pester any one or any group . it is only because of the urgency that the help is needed.

[Purdamit]

Any help and ideas on this topic is highly appreciated as i have to submit my admin review by friday.
Please shed some light if any one has any idea on what points i have to make in the admin review process

[sunymalik]

I have had the same issue but got succeeded in appeal......

All you need to do.... to be honest that your intention was not to deceive the system but you naturally thought that your point has been removed and you have contacted DVLA that you have clean licence and you no need to declare.....otherwise you would definitely mention in your application.....

Point No.2.........Since last 9 years have ever made any other application in which you have previously declared this conviction if YES.....than again that goes in your favor coz you have already declared and HO is already aware of it...so why you would hide this time.....your intention was not to deceive the HO but it was an honest mistake.....Trust me you would be fine...thanks

[Purdamit]

I have had the same issue but got succeeded in appeal......

All you need to do.... to be honest that your intention was not to deceive the system but you naturally thought that your point has been removed and you have contacted DVLA that you have clean licence and you no need to declare.....otherwise you would definitely mention in your application.....

Point No.2.........Since last 9 years have ever made any other application in which you have previously declared this conviction if YES.....than again that goes in your favor coz you have already declared and HO is already aware of it...so why you would hide this time.....your intention was not to deceive the HO but it was an honest mistake.....Trust me you would be fine...thanks

Thanks for the reply. i have mentioned about the conviction in the tier1 extension and it was not intentional not to mention it. it is a genuine mistake which i have made by thinking that it is already spent doesnt need to mention it. conviction happened more than 9 years ago and that was the first and last conviction i had on me and i never had even a parking fine after that.. i will make all the points you have mentioned as well.
i have been given only admin review option and i am not given right to appeal. hope admin review decision turns positive as ILR Approval.

[sunymalik]

the question is Have you ever been convicted?..........means since u are in the UK....

but dnt worry make it simple that I have already mentioned it in my previous application and therefore I naturally thought that this time points is already been removed and I dont need to declare......otherwise why would i mentioned in my previous application.....its an honest mistake and i have never tried to deceive the HO......And I can apologize for that.......

plz dnt make any mercy statement that i have never done anythng wrong never got any penalty ticket bla bla......stick to the point......thnx

[Purdamit]

the question is Have you ever been convicted?..........means since u are in the UK....

but dnt worry make it simple that I have already mentioned it in my previous application and therefore I naturally thought that this time points is already been removed and I dont need to declare......otherwise why would i mentioned in my previous application.....its an honest mistake and i have never tried to deceive the HO......And I can apologize for that.......

plz dnt make any mercy statement that i have never done anythng wrong never got any penalty ticket bla bla......stick to the point......thnx

i have been convicted of drink drive in 2007 january paid fine and driving disqualification for 12months and attended rehabilitation course. Based on ROA thought the the conviction is spent after 5 years and thought there is no need to mention about that in my application.
will make a note of all the points you have mentioned and will apply for admin review as no appeal right was given.
Hope the outcome comes in my favour as it is a genuine error i have made.

[Purdamit]

I have had the same issue but got succeeded in appeal......

All you need to do.... to be honest that your intention was not to deceive the system but you naturally thought that your point has been removed and you have contacted DVLA that you have clean licence and you no need to declare.....otherwise you would definitely mention in your application.....

Point No.2.........Since last 9 years have ever made any other application in which you have previously declared this conviction if YES.....than again that goes in your favor coz you have already declared and HO is already aware of it...so why you would hide this time.....your intention was not to deceive the HO but it was an honest mistake.....Trust me you would be fine...thanks

have you succeeded in the admin review or with appeal with regards to your case?

[sunymalik]

plz read the very first line....thnx

[Obie]

under which paragraph were you refused?

[Purdamit]

under which paragraph were you refused?

322(1A) under paragragh 245(CD)
any more points to add to my admin review?

[Purdamit]

Submitted for AR on 26/08/16. Hoping for the positive result of approval.
will keep you updated with the outcome. Thanks Every one for the help.