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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi there, i would like to esquire regarding extension of Tier

Resolved Question:

Hi there, i would like to esquire regarding extension of Tier 2 Visa application for myself as main applicant and also for my wife as a dependent. The reason for this enquiry is that we both got a police warning for shop lifting and i would like to ask that following questions-
1) Will this warning affect my and my wife visa extension, do we need to mention this warning in our forms of visa extension.
2) Will this warning affect my Indefinite leave to remain application.
3) The letter stated that the warning will be deleted from the data systems, will it be deleted after 2 years.

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

1. Yes you need to mention the warning on your application forms when applying for extension of your tire 2 visa.

2. The home office guidance state that the warning will not effect applications for settlement if they occurred 3 years from the date of application. A warning is another word for an out of court disposal. See the following link, although this refers to naturalisation, the home office are also applying this to all settlement applications.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

3. I am not completely sure when the warning will be deleted but it will not be deleted in 2 years. This is because the police do not routinely remove convictions, cautions, final warnings or reprimands from the Police National Computer. If you believe that there are extenuating circumstances as to why your record should be removed, you are entitled to ask the police to remove it under the Exceptional Cases Procedure. Please be advised that the removal of convictions, cautions, final warnings and reprimands is very rare.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Please can you also let me know will this affect my and my wife Tier 2 visa extension.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes, because she is your dependent, her application will be viewed depending on the outcome of your application, if yours is refused so will hers.

I hope this clarifies the matter.

Kind regards
Customer: replied 3 years ago.

I would like to ask a last question, will this warning can affect my Visa application, can it be rejected because of such warning.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Because it is a warning the home office should not view this as a conviction so strictly speaking they should not. But if they feel that the answer warning puts your character in question and effects your credibility then they can refuse it or call you in for an interview.

Unfortunately it depends on how harsh the home office want to be, because each case is determined on its own merits its very difficult to say what effect the warning will have.

I hope this answers your question.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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