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Thread: Driving Offence and Immigration issue

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  1. #1
    Junior Member
    Join Date
    Apr 2009
    Posts
    4

    Driving Offence and Immigration issue

    Dear Raju Dai and Co.

    Hope; you are doing great.

    Well, I got very unusal problem. I'm currently in Singapore for work. My friend who resides in UK told me that he got a mail from South Wales Police about speeding offence against my name which occured in May 1st week.

    Now, since I'm not in UK and will not return UK for next 4-5 months. I wonder whether I would have immigration issue when I return to UK. I'm planning to apply for 'High Skilled - General Category visa' in 2-3 months before my Singapore assignment gets over.

    Here are my queries

    1. Shall I send my license to South Wales Police and pay fine and accept points?

    or

    2. Can I ask them to wait until I visit UK after 4-5 months and pay fine or appear court?

    I'm sure they must have already registered my driving offences in central database so that when I visit UK next time, they might not let me enter UK.

    Your advices would be really appreciated

    Thanking you in advance

    Regards,
    Rabin




  2. #2

    Re: Driving Offence and Immigration issue

    hi rabin,
    i had a similar situation. i was flashed for driving over the limit couple of days before i went to nepal for holiday. within a week i received a letter at my address in the uk, my brother informed me saying that its a fine + points.

    i asked my brother to post my counterpart license + fine to the address they asked...and thats all...as he did it. Chapter closed no court no hassle just 3points in the license.

    i dont think so they gonna wait 4-5 months, and my advice is not to let this thing go upto the court, unless it wasnt you who made the offence.

    if the case goes to court and if court decides u as guilty; then when you fill your hsmp/any immigration form you have to mark in the criminal section (i pressume).

  3. #3
    Junior Member
    Join Date
    Apr 2009
    Posts
    4

    Re: Driving Offence and Immigration issue

    Thanks a lot, indeed.


  4. #4
    Senior Member
    Join Date
    Feb 2008
    Posts
    337

    Re: Driving Offence and Immigration issue

    Hi Rabin

    I understand that you have received a notice for speeding a car. Sudin has expressed his opinion to pay fine at early stage to avoid court hassle. You should not ignore such notice and urge you to take an appropriate and immediate action. The Home Office has introduced a new section in the application forms that your obligation to declare the truth as you must answer every question in this section. It is an offence under Section 26(1)(c) of the Immigration Act 1971 to make a statement or representation which you know to be false or do not believe to be true.The information you have given to the Home Office will be checked with other agencies.

    There is also a separate section in Criminal conviction column that,'Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you.' Therefore, the late you ignore the notice, more you would damage your credibility.
    Now the current Immigration Rules provide that you must give details, including date, sentence and/or civil judgment with details of country or countries where the sentence(s) was/were passed or the civil judgment(s) was/were made.. It is also requirement in Immigration Rules to declare a name of person convicted and/or against whom a civil judgment was made.

    I would like to briefly mention that there is a substantial body of legislation which regulates the Police National Computer (PNC), the principal part of which is the Data Protection Act (1984, 1988, 1998 and 2003) and part 5 of the Police Act 1997. The code of practice for the management of police information, introduced under the provisions of the Police Act 1996 and the National Police Records (Recordable Offences) Regulations 2000, form a secondary layer of regulation.
    .
    It is a lawful and justifiable reason for the granting of access for Protection of Life and Property,
    Preserving Order, Preventing the Commission of Offences, Bringing Offenders to Justice and Counter Terrorism etc.

    You should not ignore to pay a fine and accept the points to be endorsed in your driving license. This should be declared in your application form to avoid for general grounds of refusal for an entry clearance which can bar to make future application maximum up to 10 years. I must tell you that you may refuse leave to enter for an entry clearance where the Immigration Officer is satisfied that a false representations were made or false documents or information were submitted (whether or not material to the application, and whether or not to the holder's knowledge), or material facts were not disclosed, in relation to the application for entry clearance.

    I believe this would clarify your query. I would like to extend sincere thanks to Sudin.

    Many Thanks
    Raju Thapa







    <img src="http://www.nepalisamajuk.com/misc/Forum/forumpics/rajuthapa1.jpg">

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