ilr refused due to deception

[ssawan147]

Dear Friends

i am in the united kingdom since 2004 in 2009 my Psw was refused Because of new maintenance funds rule I was short of money in my bank statement for couple of days I went through appeal process but in the end I left the UK after 6 months i re-applied the PSW from home country as I have completed My Master’s Degree from UK this time my visa was granted and i came back to UK in December 2009 and in the end of 2010 i started my own Business i purchased running business because of the location the previous business owner was selling IT equipment New and Used and my Business was purely IT services . because he sold running business he left couple of IT equipment in the Shop which i planned to sell in the future but 1st focus on my own business in march 2011 my business was shut due shop refurbishing and workers were doing their work the police visited my business requested me if i am selling any 2nd hand items and my honest reply was i am not selling any 2nd hand item but in future i have plan for selling the items in my stock so the as me for 2nd hand goods licence and my reply was (no i don't have ) they told me that i will get an application form with the procedure how to apply for licence within couple of days and i said ok but instead of application form i received the Court letter to attend and if i don't attend the court it will be criminal act so i followed the procedure and hire the lawyer and she told me everything will be ok she prepared the case not to plead guilty for selling the 2nd hand good without 2nd hand Goods licence and then on the day of court she told me if i plead guilty rather than waste my time and proceed the case for long where i can't fight with government and pay the penalty which won't affect your immigration and it won't on the criminal record and i accepted the choice which she gave me and plead guilty and paid the penalty and applied for 2nd hand Goods licence within couple of days and forgot everything as my lawyer told me that you don't have to mention in any application as this is not a criminal offence .From 2011 till now I applied visa Tier 1 general then extensions also private hire licence from council there was no objection but now there is Deception

Now in 2017 i applied for ILR by post and My Decision came back as refusal the case worker gave me all the required points but refused my applicator because i did not disclose my criminal record. in my 12 years journey in the United Kingdom I am law abiding citizen i been driving without any points penalties on my driving licence not involve in any crime . And this Shit happened to me now. I tried Contact the Lawyer who acted behalf told me that I won’t get charged for anything is vanished her phone is not responding and I searched her on the Google but I can’t find her.
Now My immigration lawyer told me that i have to go through review process first and if case worker is satisfied then everything will be OK if not then we have 2 options
1 Go for Judicial review
2 Apply the fresh application
Friends am not confused but I am fed up with this stress of 12 years visa visa visa extension extension .

Guys please give me your Good Advice so i can defend myself in this tough time

And Thanks very much for your time to read my Post

[nanaghman]

My friend I feel your pain !!! I have been and am in a similar situation !

My question is why did you accept the plea for guilty ? I know it is tempting cause I have done so twice but my case I did not pay for a lawyer which I wish I did now and now when I want to appeal she is not answer the phone they are all such ASSHOLES.

In your case it best to go back to the criminals case and find as many evidence you can, it seems it has become a norm in UK to make people plead guilty even if it not their fault or lack of knowledge in cases where the police and CSP are involved.

Also why did you expect !!! by telling them you will be selling second-hand things the police gave you an out of jail card when asking are selling second-hand goods ? NO

I was very lucky while back I had to fill a disclosure and I did the same on the words of a POLICE OFFICER and LAWYER My CDR check came positive and was a big issue with my employer and had to explain why I lied.

In your case you have to prove lack of knowledge also you have already spent the conviction as per HO guideline 2 years have the past hence can argue why you did not disclose the conviction you have put yourself in a problem by not disclosing it. I think this where the main issue is.

My option is to reapply explaining the circumstances cause if it happen in 2011 it is spent it is best to request a

Disclosure Scotland - basic check which you can do
DBS - an enhanced one get a friend who runs a business to do it
ACRO - police certificate which will show spent conviction and what need to be disclosed and what not
you can look at the rehabilitation and offenders act that will tell what has to be disclose and what not build your case on this.

REMBER THIS WITH ANYTHING THING THAT INVOLVES GOVERNMENT OR VISA BEST TO BE HONEST AND DISCLOSE ESPECIALLY IF YOU HAVE BEEN TO COURT

HOPE THIS HELPS

[ssawan147]

Dear nanaghman

First of All Thanks very much for your reply to to my inquiry i really appreciated .

i know it was stupid mistake to accept to plead guilty because these guys are playing with your emotions . That time i thought just clear my self from the court rather challenge the Government and waste own time i plead guilty to get out the shit i also paid the lawyer for her appearance in the court.
now i have no idea how to get back to the court and get the information regarding that case .no feeling that i was soo stupid as i told them i will sell 2nd and Goods in future but when this shit happens it happens .
Also not mentioning in my ILR application is my another biggest mistake .
i met with couple of lawyers and get different answers from all of them

1st one: is saying follow the review and go for judicial review explain them it was your innocent mistake
2nd one: is saying i should apply for fresh application application
3rd one: follow the review and put new fresh application

i am so confused now
if i go for review and further judicial review i will loose the right of work and also judicial review will break my 10 years long residency time because now i am back to UK from last 7 years .

if i listen to the 2nd lawyer for filing the fresh application i am afraid it will be rejected because of this deception . i will loose time and money . filing a new application i need to have visa which is already expired n the day i applied the ILR

and if i listen to the third one it will be the same

i am so stressed and confused now

in the mean time i am going to put review only and will see the outcomes

my dear nanaghman
also please let me know which is the best way to order the disclosure ? online or walk in to the police station and request ?

[nanaghman]

@ssawan147

In terms of advice on what to do I have no much experince on this just limited which why I am here and also in same issue and I know the feeling when it happen all you want to do it walk away unfortunaly weak becomes a victim of laws in society. "WORNG PLACE AT WORNG TIME"

For your matter it is compicated cause you filled the form and claim to not have known of the conviction do you rember when the conviction was passed ? as dis can dettermine when you conviction gets spents and why you did not diclose it.

1 Go to the court where it happen and request from the clerk for case detail and fine infomation I am sure the gave you a notice to pay and must have prove of payments.

2 For Discolsuere not sure which to use but DBS can only be requested by employer, so best you do the disclosure scotland and ACRO ( which is what you need for VIsa to USA Ccanda etc) so it one the UKBA should accept.

With the choice of option you have I am not sure what is best !!!
but rember this JR is to chanllenge the dession on ground that the law was misinterpretated wrongly !!! which HO and judicairy will not like epercially when you have lied altoght there might be ifs !!!

An option that may be safe is FLR-LR which you be able to apply aepercially in your case cheaper £811+£400 NHS surcharge
BUT MAKE SURE YOU DISCLOSE ALL CONVICTION
And carry on with jedical review can I ask did they give you a right of appeal or not cause dis can determin if you can submit another appication and how long you have I think it is 28 day but try to do it ASAP ask your lawyer what he/she thinks.