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IA Solicitors
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Category: Immigration Law
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Experience:  Principal at IA Solicitors
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I have been stopped by the police and was given a intent of

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Hello, I have been stopped by the police and was given a intent of prosecuting for having no insurance. Now that I am applying for visa will I need to declare this, or just leave it out as I have not be prosecuted yet
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in the Uk, England. Canadian citizen
Assistant: Have you talked to a lawyer about the visa?
Customer: No
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not at the moment
Customer: replied 4 months ago.
basiaclly I am applying for a tier 2 visa extension as a dependent. On the online application it states whether I have a criminal record or had a penalty for a driving offence. And since I have not yet been to court or heard from the police will I need to declare anything. When I got stopped by the police they took my details and I had to sign a page which they have with them. All I have been given was a slip saying, we will be considering prosecuting you for driving without accordance to your licence and no insurance. This all happened a week ago. And the slip said don’t do anything till you have heard from us again. So as of this point I have not recieved anything from them yet. So I am very confused.

Hi

I can help you regarding your question.

Notice of Intended Prosecution is simply notice from the Police that an offence has been recorded and that they intend to prosecute the person responsible.

If an offence has been recorded without you being stopped by a Police Officer, the, Police must serve a Notice of Intended Prosecution within 14 days of the date of the offence (for certain offences only), to the registered keeper of the vehicle. This will be the person or company named as the keeper on the vehicle registration document (V5) at the time of the offence. Once the Police have complied with this, there is no time limit for them to issue further Notices, to other people in the event that the registered keeper was not the driver of the vehicle at the time of the offence. If the Police fail to serve this within the statutory 14 days, and the offence alleged requires them to do so, it simply means that they will be unable to secure a conviction in Court for the offence detailed in the Notice.

In the event that you as the driver of the vehicle have been stopped by a Police Officer, then the Officer can either give you a verbal Notice of Intended Prosecution, serve a Notice of Intended Prosecution within 14 days to the driver or the registered keeper or serve a summons within 14 days, requiring the driver to attend Court.

In this scenario, if you do not recieve anything in 14 days from the incident then you do not have any criminal record and you can fill in your application that no criminal record.

Please you give me 5 star to encourage me to help people

Customer: replied 4 months ago.
Okay thank you, ***** ***** extension is coming to an end very soon . And my dad will be sending of the application of today. It has been a total of 8 days since I have been stopped by the police. If I send the application saying I have no criminal record , and a letter comes through the post summoning to court, will I need to inform the visa place or if they ask me or reject my application for misinformation, can I say that at the time of the application I had no criminal conviction or penalty so I wrote no in the application l.
Customer: replied 4 months ago.
I have received a notice of intended prosecution by the officer in person at the time of the situation . Does that mean I have a criminal record and will I have to declare this in my visa extension

please you give 5 star for the previous question

and i will answer for your question

IA Solicitors and other Immigration Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok sorry for that
Customer: replied 4 months ago.
It’s just that the matter is very urgent and I’m very stressed atm about this

can you please explain what is your exact situation. i will advise you according to facts.

because, initially you said you have not received but now you are saying that you have received.

your statement is not consistent

Customer: replied 4 months ago.
initially I received a paper by the police at the spot of the scene and I was not sure if that was the NIP
Customer: replied 4 months ago.
But now I am aware that it is in fact the nip as at the top it says we are intending to prosecute you for the offences stated below
Customer: replied 4 months ago.
After this slip was given to me that day , I have not heard anything else from the police yet
Customer: replied 4 months ago.
I was wondering if it will be ok to send my online application of my visa extension through and not mention that I have a criminal conviction or given a penalty of any sort.
Customer: replied 4 months ago.
Because at the moment I have not been summon to court or been given any penalty points or fine
Customer: replied 4 months ago.
Please can I get a response as I am sending the application through

As you have explained that you have received PIN. you are going to apply tier 2 extension. you should not mentioned in your criminal record because you do not have criminal record yet.

But you should explain in your additional information box to secure your application.

PIN for driving insurance is a serious offence, it has not been recorded in your criminal record but it is in the police record.

if you will mention in additional information, it will not hurt your tier 2 application.

if you will not mention then if home office check and they find that you have not mentioned in your application then it can hurt your application.

i have given the rule below for your clarification.

322. In addition to the grounds for refusal of extension of stay

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

i hope it will help you.

Customer: replied 4 months ago.
Okay thank you
Customer: replied 4 months ago.
where is this additional information part in the application
Customer: replied 4 months ago.
Can I send that information separately from the application

when you will finish your online application then at the end of it system will ask you for any other additional information.

if you do not find it then you can submit it separately with other documents.

Customer: replied 4 months ago.
Ok thank you , I am not sure if my dad has already sent the application
Customer: replied 4 months ago.
if I wanna submit it separately, will I have to send a letter through post to them now ?
Customer: replied 4 months ago.
Thank you for your advice, you have been very helpful.

if you can download with your online application then do it with application.

if you can not then send it by post.

Customer: replied 4 months ago.
Alright thank you

welcome

Customer: replied 4 months ago.
Can the police sometimes not take any further action after a NIP
Customer: replied 4 months ago.
also I was wondering , I will be applying for ILR next year and if I get convicted how will this affect it ?

Regarding police:it can be possible.

if you get conviction then your ILR will be hurt.

if you get fine and non custodial sentence then you can not Apply for ILR for next 24 months from the date of the conviction.

Customer: replied 4 months ago.
Ok and is the extension going to last for 2 years

yes , you can extend for next 2 years.

Customer: replied 4 months ago.
but if I am convicted in 6 months my visa will run out before I can apply for ilr what will I do then
Customer: replied 4 months ago.
do you have the exact address of where I will need to post the information about my offence, I couldn’t find it online

conviction is too early to discuss. please allow time to decide on your NIP.

if you will be penalised and time will come for ILR then you should get legal information.

when you will get acknowledgement of your current application then you will get address for further correspondence in your acknowledgement.

i hope it will help you.

Customer: replied 4 months ago.
Okay no problem thanks
Customer: replied 4 months ago.
If I call the police station and try contacting the officer who issued my NIP can I urge him to give me a FPN and tell him that it’s my first offence and I truly apologise, and how this will affect my future.
Customer: replied 4 months ago.
Do you think they’ll not take the issue to court

You do not have to contact them if they want to proceed then they will not listen you now. At the time of offence, that was the time when you could request them all this stance and they could consider that.

ii- this is up to them whatever they want to proceed.

Customer: replied 4 months ago.
Ahh ok
Customer: replied 4 months ago.
Also I was thinking , Is it worth risking me not declaring my offence to the home office as I have not been prosecuted for anything, technically I’m not lying

do not try be over smart.

Home Office knows very well each and every thing and how to handle such kind of circumstances.

if you will hide, technically you are lying.

this forum is just for legal information which i have already given you. it is up to you that you want to declare or not.

this forum is not for legal advice.

Customer: replied 4 months ago.
Ok thank you
Customer: replied 4 months ago.
I’ll update you if I hear anything from the police

Ok that's fine

Customer: replied 3 months ago.
I’ve received the letter from the police
Customer: replied 3 months ago.
It only identifies one offence in there, can I expect another letter to come through.
Customer: replied 3 months ago.
I’ll show a picture hold on
Customer: replied 3 months ago.
Pg1
Customer: replied 3 months ago.
Pg2
Customer: replied 3 months ago.
Pg3
Customer: replied 3 months ago.
Pg4
Customer: replied 3 months ago.
Pg5
Customer: replied 3 months ago.
I’ve got two options either accept the fpn or court hearing
Customer: replied 3 months ago.
The only problem is , it is asking for a valid licence so I’m not sure if my provisional licence counts as a valid licence

provisional driving licence

provisional driving licence is not full driving licence

But it is valid to send to them.

i hope it will help you

Customer: replied 3 months ago.
Ok thank you
Customer: replied 3 months ago.
But does that mean I will have the points on that licence and when I pass it will carry on to my main

yes,

Customer: replied 3 months ago.
I will not need to go to court as my nip suggested that I had two offences, driving with out accordance to licence and without insurance. And the police officer told me that I will most likely go to court, but the letter I received had only one offence mentioned, driving without insurance
Customer: replied 3 months ago.
should I be expecting another letter

if you do not want to contest then you do not need to go to court just pay the fine and send your licence for 6 points.

they will not send second letter.

Customer: replied 3 months ago.
Oh okay thank you, ***** ***** if i consent that will be very detrimental for my future, and I will have a conviction.

yes, if you contest and lose then it will be detrimental for your future.

Customer: replied 3 months ago.
will I not get any repercussions for driving without licence
Customer: replied 3 months ago.
As the letter only mentions one offence

when you will send your provisional licence then they will study your case.

they can send you further because you do not have full driving licence. it is their discretion, how they see whole scenario.

At this stage, they do not have any information about your licence.

Customer: replied 3 months ago.
is there still a possibility of me still going to court
Customer: replied 3 months ago.
how long does this process usually take, for them to send my licence back after giving points on them for example
Customer: replied 3 months ago.
Because I will need that licence to renew my passport
Customer: replied 3 months ago.
from your knowledge do you think they will take the case further after I have paid the fine and got points

when your passport is due for renewal?

Customer: replied 3 months ago.
In 4 months
Customer: replied 3 months ago.
But my dad wants to do it for the whole family in a week
Customer: replied 3 months ago.
What I’m not sure is there I will actually need the hard copy of the licence, as they only asked for it to be scammed and sent to them
Customer: replied 3 months ago.
Scanned *

that is fine you scan and send if they have asked in the letter.

i hope it will help you.

Customer: replied 3 months ago.
When they see my case, and see that I don’t have a full driving licence, what action do they usually take
Customer: replied 3 months ago.
At the moment I have a fpn for driving without insurance

please accept our premium service.

Customer: replied 3 months ago.
I have no money atm, and this is my last question.

its upto their discretion what action they may take but they can give you 6 penalty points and maximum £1000 fine for driving without licence.

But you do have 1 plus point that police did not charge you for this offence while driving under driving without licence.

i hope it will help you.

please keep in mind this forum is not for history discussion, it is only for legal question. i hope it was your last question.

Customer: replied 2 months ago.
Hello, hope you are well. I jut wanted to let you know that they have accepted my fixed penalty, and gave back my licence with 6 points on it. They have not said anything about driving without licence etc. So that’s a good news. So I was wondering how long will this offence stay on my record and will this fpn still count as a criminal conviction or just a motor offence. And will I need to declare this when I apply for university or jobs.
Thank you very much, you have helped me a lot through this process.

please put new question then i can answer you.

Customer: replied 2 months ago.
No if your just gonna try taking my money forget about it, it’s a simple answer of yes or no