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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10627
Experience:  Barrister 17 years experience
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Thank you answer on my maintenance question. I have

Resolved Question:

Thank you for your answer on my maintenance question. I have a further question on my visa application if you'd be so kind. I re-applied and re-entered the UK as a tier 4 student with a 4 year visa after getting my university offer. I thought my previous
police registration would be valid on my new visa. After finding out 2 years later I registered with the police. However I updated my marital status and every address change since then. I am uncertain how to handle this situation. It's obvious that the officer
will have the records and recognise the issue. I wonder if I should enclose a letter addressing it with my application. On the other hand I'm aware that this would probably be admitting to breaching immigration law. Do you think it is advisable to include
a letter?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Firstly, you may have had an exemption to the registration requirement based on your marriage. There is an exemption - spouses, civil partners, unmarried partners, and same-sex partners of people settled in the UK who are granted leave to enter or remain in the UK on that basis. If you provide details of when you got married or started the relationship with your husband, it might have been that you were exempt.
Expert:  Buachaill replied 2 years ago.
2. Secondly, what nationality are you? There are exemptions for people from places like Hong Kong, Macau, Cyprus.
Expert:  Buachaill replied 2 years ago.
3. Thirdly, although the failure to register is an offence under section 26(1)(f) of the Immigration Act, 1971, the manner in which it is dealt with by the Immigration Officer is not to charge the person but to return their passport and immigration card and ask them to register. It is only then if there is a further failure to register that an offence is recorded and the Immigration officer is obliged to consider refusing future applications under paragraph 322(3) of the Immigration Rules. So although you failed to register, by registering two years later, you cured the offence and it will not now be held against you. So you need not worry now, as this does not constitute an offence under the Immigration Act.
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