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ukvisasolutions
ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 66
Experience:  Immigration Solicitor
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My name is Dr. Khan. I am on tier 2 general visa. Recently I

Resolved Question:

Hi
My name is***** am on tier 2 general visa. Recently I was caught due to over speeding and asked by the officer that the case will be forwarded to the court and I will get 3 or 6 points and some fine.. My query is:
1.My tier 2 needs renewal in feb 2017 and then I will apply for my ILR in sept 2017.Do I still have to renew my tier 2 for 6 months only by paying 3000 £(1+ 3 dep)
2. Shall I consider these speeding fine as criminal conviction and should I mention it in my both visa applications ?? and if yes then what are the chances of refusal?? as I dont want to waste any more money for these visa issues!!!
Please let me know. Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  ukvisasolutions replied 1 year ago.

Thank you for your query. As per the terms of Just Answer Expert Policy, I am unable to give you a specific advice but instead a general one.

You have asked two questions, and I will deal with accordingly: 1.My tier 2 needs renewal in feb 2017 and then I will apply for my ILR in sept 2017.Do I still have to renew my tier 2 for 6 months only by paying 3000 £(1+ 3 dep)

Yes, you must extend your leave to remain application for you to stay legal in the UK and then later consider to apply for ILR.

I draw your attention to the Home Office policy below:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514054/Tier_2_Policy_Guidance_04_2016.pdf

Extension applications

216.You must make an extension application if you need to extend your leave and you are
applying to continue in the same job for the same sponsor. You cannot apply for an
extension if you are applying from outside the UK, or switching from another category, or
changing employment (see above). You should refer to paragraph 208 above for the total
amount of time leave can be granted for in each Tier 2 category.
You must have a new Certificate of Sponsorship for your extension application and you must
meet all the points requirements.
217.If you are applying as a Tier 2 (Sportsperson) you will need to have a new governing body
endorsement with a new reference number.
218.A resident labour market test is not required for extension applications.
219.You can continue working while we are considering your extension application, provided you
submitted the application before your previous leave expired.
220.As part of your application to extend your leave in the UK, you (together with your
dependants) will be required to provide your biometric details. If your application for an
extension of stay is successful, you will be issued with a BRP. More information about
biometrics and BRP can be found on our website or in the Tier 2 application forms.

2. Shall I consider these speeding fine as criminal conviction and should I mention it in my both visa applications ?? and if yes then what are the chances of refusal?

This is not a straightforward answer, and each application will be decided on its own facts by the Home Office. However, the Home Office rule from 13 December 2012 states that all applications for indefinite leave to remain must not fall for refusal under the general grounds for refusal which include provisions relating to the applicant’s criminal record.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517633/ggfr_sec4_v26_0_ext.pdf

The new criminality guidance does not permit settlement for persons who, within 24 months prior to the date of the application, have been convicted of or admitted an offence for which they have received a non-custodial sentence, a warning, caution or reprimand which is recorded on their criminal record.

Types of motoring offence that may affect the ILR application

CD10 – Driving without due care and attention
AC10 – Failing to stop after an accident
CU10 – Using a vehicle with defective brakes
CU30 – Using a vehicle with defective tyre(s)
IN10 – Using a vehicle uninsured against third party risks
SP20 – Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles)
SP30 – Exceeding statutory speed limit on a public road
SP50 – Exceeding speed limit on a motorway
TS10 – Failing to comply with traffic light signals

Please note that there have been examples of ILR applications that have been successful despite the above, but the Home Office will take each case and consider its own merits. If you decide not to apply for ILR, then you must seek an extension of leave to remain under Tier 2 or another category.

Please kindly rate my answer.

Regards

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