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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 566
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have points which need clarification on as follow:1.

Resolved Question:

Hi,
I have points which need clarification on as follow:
1. I have received few parking tickets from shopping malls and council. do they need to be declared on Visa application? I am applying for Tier 2 general extension as dependent and they next year for ILR on 10 years rule.
Do parking tickets count as fixed penalty notice?
2.I received a ticket for not showing current legal size number plate. it was a fixed fine and non endorsable. does this need to be declared? it was because the vehicle was purchased recently and was not aware or the legal rules. fine was paid straight away.
3.I received a court summon for non council tax payment which i raised a complaint immediately with council . This was despite the fact I had called for new year bill number of times. They took all this into account and told me to make certain payments over 8 month and removed all court costs and summon. I called them and they said they have obtained liability order and court went ahead even though they told me not to attend the court because they agreed to remove all charges and accepted my case.
looking online and speaking to council, they said they obtain court summon from magistrate court so is liability order but said nothing is recorded against me and everything was withdrawn and solved internally within council. They said to me nothing needs to be declared to home office.
However what is confusing is if they obtain liability order and issue court summon that will be recorded somewhere right ? is that criminal conviction ?
I have had a DBS basic done on me for new employment and came back clear. no record or county court judgment on any of the three credit agencies.
Does this need to be declared?
4. I have not declared all above 3 points in my prior application to switch from tier 2 general to t2 dependent as simply did not know parking tickets or bike fine would potentially need to be declared. I declared all in my new application. Is that going to be an issue ?
All of them in my view do not need to be declared as they are not criminal conviction but my legal advisor said to declare all so I did.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jo C. replied 1 year ago.
What are the specific questions upon your application?
Customer: replied 1 year ago.
the questions mentioned above
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.
Expert:  Jo C. replied 1 year ago.
Those will not be the questions on the form.
However,
1 Not local council ones. They are decriminalised.
2 It depends which question the form asks. I will need that information.
3 That is not a criminal conviction. It is a matter of debt. It is Crown’s debt but it is not criminal per se.
4 It depends upon the questions on the form. I will need that information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
sorry upon re reading your question the question is asked as follow:
Do you have any of the following, in the UK or in a different country?
A criminal conviction, at any time
A driving offence, at any time, eg for speeding
or no insurance
I was arrested and charged, and I am currently
on or awaiting trial
A caution, warning, reprimand or fixed penalty notice
A court judgment, eg for debt
A fine for breaking UK immigration law (calleda 'civil penalty')
Customer: replied 1 year ago.
when I switched in July last year my answer was no but this year declared all parking fines but not council . the lawyer said I should write a letter explaining the council issue because it was not declared in new t2 extension application and cannot amend it once it is submitted so we wrote a covering letter.your help is much appreciated
many thanks
Expert:  Jo C. replied 1 year ago.
OK.
In that case, you don't have any of those although I would declare the council tax anyway. It doesn't fall into any of those categories really but since it makes no difference at all to your application it would be safer to be wholly open with them.
Customer: replied 1 year ago.
many thanks, ***** ***** declaring them on earlier applications cause any issues if I have now ?would the council tax not fall into debt even thought it wasn't as error on council and all charges taken off.One question that I hope you can clarify is, how does the council get the liability order and court summon through court but nothing is recorded against me?I have read in so many places that if for instance you decided to challenge a driving point and go to court and court issues the fine/orders penalty point which could be even higher than what was on the original ticket, you will have criminal convition against you.is the council not the same ? they according to council have obtained court summon from court and court went ahead without me because they ( council told me not to attend ) and they obtained liability order.
Expert:  Jo C. replied 1 year ago.
No, not really.
It is only an abundance of caution that you are declaring the council tax at all.
Council tax liability orders are recorded at the local council and the Magistrates court rather than on your police record.
Customer: replied 1 year ago.
ok so I have a clear DBS and have requested a subject access request just to be sure.when home office approves one application what type of checks do they conduct ?
Expert:  Jo C. replied 1 year ago.
With the police and with the credit agencies for debt.
Customer: replied 1 year ago.
sorry your answers are very short, home office checks with police and credit agencies or magistrate court is recorded there?I used the great details service but so far I am writing paragraph and get yes and no :)if yes the subject access will show me all the information which will be shown to home office?
Expert:  Waleed Hassan replied 1 year ago.
Thank you for your query.It is always advisable that information is disclosed to the Home Office. If you fail to disclose something, even if it was unintentional, your application could be refused because of alleged deception. The Home Office uses the following rule: Paragraphs 320 to 322 of the Immigration Rules set out the specific groundswhen a person’s background, behaviour, character, conduct or associations lead to a refusalon general grounds and any circumstances when the grounds are either discretionary or wouldnot apply I suggest that you read the following guidance from the Home Office which should answer your questions: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/499022/GGFR_Sec1v24.0_EXT.pdf Regards ***** *****
Customer: replied 1 year ago.
Hi Waleed,So if i have unintentuonally not declared parking fines as simply did not know I have to or the court summon and in my new application I have, will that be an issue
Customer: replied 1 year ago.
Read the guidence, it does say points on why a case worker must refuse an application if false representation was madeSame with fineNow as far as I understand, parking fine is not an offence and as many tv channels have covered councils are hiding in a spot to fine you as soon as they can.I have had 6 fine over the last 5-6 years and 1 penalty for not showing a currect size number plate.Is UKVI guide definitation of fine what I mentioned above?If not does my fines fall within any of those categories? Please give me an explicit answerWould the court summon fall in any of those categories?Finally, I have not declared them in previous applications as did not simply believe that I had to. The guidence is very confusing and can be translated in 100s of ways.If I have declared it now as an honest applicant, will this be considered false representation on previous applications?I should also say the old paper form only asked questions on war crimes etc and nothing about parking fine etc
Expert:  frantzgregory replied 1 year ago.
HelloIt is correct the guidance can be very difficult to follow and that is why applicants are always advised to seek legal advice in making any immigration application. It is always advisable in making any immigration application to explain your situation even if it does not fit in clearly to what the questions are asking for to avoid expensive appeals etc. Moving forward all you can do is wait until a decision is made on your application and deal with it then by explaining the situation. I hope this helps. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hi there,It is not clarifying or answering the points I raised.I would like to have a detailed response as there seems to be no answer that gives any response to my question!
Expert:  frantzgregory replied 1 year ago.
Hello What specific questions haven't already been answered?
Customer: replied 1 year ago.
Pleaae have a look at my post at 7:53 which asks for clarification on defination of fine, what is the result of not declaring something very minor which may well not have to be declared but was to be on safe side.This was not done on previous application.I have asked 4 questions on top and if I can have an answer to those that is much appreciated
Expert:  frantzgregory replied 1 year ago.
Hello Can you precisely and plainly state what your exact questions are in a list of 4. I am unable to understand what your questions are at post (7:53) So far my understanding of your outstanding questions are as follows: 1. What is the definition of a fine2. You did not declare you have minor offences in your previous application3. ??4 ??
Customer: replied 1 year ago.
Sure,1. Is parking fine and ticket for number plate part of Fixed Penalty noticr or fine?Are they considered serious enough to reject ones applications2. If I have not declared something as genuinely I believed that I didn't need to and still think I don't but did in my new application, would this cause any issues? These are refering to parking fines/ number plate fine and court summon.I have shown honesty above .3. If for any reason it is rejected, is administrive review done by home office or court? I understand new applications after april 2015 do not give a right of appeal but administrative review4. If failed in very rare worst case scenario for such matter, would i be able to apply for discrtionary leave as I have family ties here, being here 9.5 years . Have paid tax , have a mortage, child and no close relative back home. Being here since i was 18 .
Customer: replied 1 year ago.
And paid tax, never claimed bebefit . I graduated from here so back home know little to nothing about laws or working in there. My immidiate family are setteled here
Customer: replied 1 year ago.
i know all be fine but slightly worried
Expert:  frantzgregory replied 1 year ago.
Hello. 1: In general minor offences shouldn't. A fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) are a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person's criminal record as there is no admission of guilt. 2. Immigration applications require full and frank disclosures. The HO is the decision maker and not any one of us and it is difficult to give a yes or no answer in practice without seeing a fully prepared application, the full circumstances and all supporting documents. Only the HO has access to this type of information once it has been submitted. But a general approach I take is to always, if in doubt, explain it in a covering letter. Generally I would expect the HO to write to you for an explanation and give you an opportunity to explain the situation. If your application is refused and is appealable, and you appeal, you will also have the opportunity to explain. 3.If administrative review is available, it is done by the HO. 4. I am unable to give specific advice on whether you are able to apply for discretionary leave here as it goes against JA's rules. I couldn't anyway in practice without complying with my regulatory licence - which requires a full assessment, client care compliance etc before giving advice. For this you would need to seek legal advice outside JA. I appreciate you are worried and I sensed it from your enquiries. I hope that my answers have gone some way to support you. I wish you all the best. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Many thanks :) , I appreciate it.It is very difficult situation and I know I am making such a big deal out of a minor issue and preparing for worst caseThanks for your help
Expert:  frantzgregory replied 1 year ago.
You welcome.
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 566
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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