How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Immigration Law Question Here...
UKSolicitorJA is online now

Thomas - I am about to extend my Uk Tier 2 visa. I have

Resolved Question:

Hi Thomas - I am about to extend my Uk Tier 2 visa. I have 2 FP notices for litter offence in the last 9 months. The 2nd Litter offence was pure accident as the cigar bud fell down from my hand. Will it imapct granting visa.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
and should i be disclosing this in my visa extension form...or can this be ignored as this is not any kind of criminal offence
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
To make the question clear. I have 2 Fixed Penality Notices in the last 9 months for Litter Offence ( Throwing Cigars). I have been asked to pay a fine of 80 pounds for each offence, which i have paid at the said time. Does this come under Civil offence and would it impact my Visa extension process. I am based out in Galsgow - Scotland
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
This comes under criminal records and you should disclose the two FPN's otherwise your application may be refused on the grounds of misrepresentation.
If you disclose the same, your application should not be refused on the basis of the 2 FPN's which you have paid off.
All the best
Customer: replied 1 year ago.
Thanks Sir. Apart from the litter offence i have not involved in any other issues.I will furnish the FPN detailsw with my visa app form. Can you pls let me know whether this offence falls under civil or criminal offence.
Customer: replied 1 year ago.
Hi - The application form asks for "Have you received any Civil Judgement or civil Penalty under the UK Immigration Acts?". My Question is does a Fixed Penalty Notice for a Litter Offence ( duly paid off) fall under Civil Penalty under the Uk Immigration Act?. Just wanted to ensure that this offence falls under the civil penality under UK Immigration Act ?
Expert:  UKSolicitorJA replied 1 year ago.
This falls under criminal, not civil. It is good to see you do not have any other issues.
All the best
Customer: replied 1 year ago.
Hello Sir - Apologies for too many questions on the same subject.
In My Application form it asks me to provide
"You must give details of all spent and unspent
criminal convictions. This includes road traffic
offences but not fixed penalty notices (such as
speeding or parking tickets) unless they were
part of a sentence of the court. This includes
all drink-driving offences."Question : - My FPN is for Litter offence..Does this fall under criminal conviction? ( court or police was not invovled, got an FPN and paid the fine). The above statement also mentions don't include FPN unless they are part of court sentence. Going by the above statement, should i still disclouse the FPN details in application form?Thanks and Regards
Sriram
Customer: replied 1 year ago.
Hi - I understood the problem. The above mentioned i.e not to include FPN is for Tier 2 General . I am on Tier 2 ICT Long Term visa and while trying a test application online,The question was specific to include FPP. I will enter the 2 FPP and the circumstances leading to the same. Hope this does not cause an issue. Do you have or heard of any case/visa being rejected for FPP on Litter offence ( leaving cigar ) ?
Expert:  UKSolicitorJA replied 1 year ago.
Please declare the FPNs. However, they will not affect your application.
All the best
Customer: replied 1 year ago.
Hi Tom - I have submitted all the documents with the 2 FPN which i received. I have one more question. I was going through the general visa refusal guidelines.1. Does these FPNs ( in this case Litter offence for throwdown of cigars) will be reviewed under overall Character, Conduct and Associations clause.
2. Is there a change that these can be considered as Repeat Offences?Looking at the Refusal Guidelines, the above statements are not detailed enough and just worried whether this applies to my FPNs?Thanks Sriram
Expert:  UKSolicitorJA replied 1 year ago.
You should not worry about them as already advised.
Please leave feedback
UKSolicitorJA and other Immigration Law Specialists are ready to help you