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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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On the visa application forms for a Tier 5 (intern) visa, the

Customer Question

On the visa application forms for a Tier 5 (intern) visa, the questions are asked:
Do you have any criminal convictions in any country (including traffic offences)?
Have you ever been charged in any country with a criminal offence for which you have not yet been tried in the court (including traffic offences)?

These questions are overly broad, as a traffic offence can be interpreted as anything from changing lanes without using a blinker to DWI, which range from non-criminal to criminal. Furthermore, almost everyone in the U.S. has been cited for something or other while operating a motor vehicle at some point in their lives. Am I supposed to answer in the affirmative for these questions if I have minor traffic offences that resulted in a fine, as most minor traffic offences do, but that do not amount to criminal offences (specifically failing to obey a traffic sign)? Does the answer change if the traffic offence has since been removed from my driving record (specifically driving with an expired insurance policy, which no longer appears on my transcript)?
And following this, the form asks for original court documents of the conviction. If I should answer this in the affirmative, what documents should I provide, as I was not tried in court?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 1 year ago.

Awan-Legal :

Hi

Awan-Legal :

This means traffic offences which are criminal so you can answer no if it has just been a fine with no criminal sanctions.

Awan-Legal :

Also, if it has been removed and therefore become 'spent' (i.e. no longer applies) then you are not required to disclose it even if it was a ciminal offence.

Awan-Legal :

as you have not been criminally charged, that question about documents is not applicable to you.

Awan-Legal :

The UKBA has stated as follows:

Awan-Legal :






Penalties and cautions



Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time. In these cases you must consider the case in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules. For more information, see related link: Not desirable to let a person remain in the UK – leave to remain.


Awan-Legal :

When you are calculating whether a person has an unspent conviction, you must be aware of the following key points:
Rehabilitation period
„h A conviction becomes 'spent' after a specified rehabilitation period. This time depends on the period that applies to the sentence imposed and the age of the offender at the time of conviction. The rehabilitation period for a sentence passed on a person who was under 18 years of age on the date of their conviction, is in general half of the applicable period when someone is over 18.
„h Section 5(2) of the 1974 act sets out the rehabilitation periods. For more information on these periods, see related link: Resettlement information.
„h The rehabilitation period is based on the length of the sentence, not the time (if any) actually spent in prison.
„h Suspended sentences have the same rehabilitation period as sentences served.
„h When sentences are imposed ¡¥concurrently¡¦, the rehabilitation period is the longest applicable. When sentences are imposed ¡¥consecutively¡¦, the rehabilitation period is that applicable to the total sentence. For example a sentence of six months imprisonment with another six months consecutive is regarded in the same way as one 12 month sentence.
Convictions outside the UK
The sentence in question can be passed, or an order made, by the courts of any country, including court martial for persons subject to military discipline. Therefore, you must treat any convictions outside of the UK as if that conviction occurred in the UK.

Customer:

Thank you for the answer Awan-Legal. I am not clear on what you mean by "as there is no admission of guilt"; is paying a penalty, as opposed to contesting it, not an admission of guilt to the charge?

Awan-Legal :

It means that these fines are automatically given regardless of whether you admit guilt or not so do not count as a criminal record.

Awan-Legal :

I have also dealt with British nationality cases where people have had fines and have been successful and have not had to disclose these so the same principle applies.

Awan-Legal :

I hope this helps.

Customer:

That answers my concern. Thank you!

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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