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Topic: How to handle traffic offenses with application?  (Read 2467 times)

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How to handle traffic offenses with application?
« on: November 17, 2014, 06:30:58 PM »
Hi everyone. I've gotten to the part in the online application asking about "criminal convictions" including traffic offenses. I've had a few speeding tickets over 5 years ago, and I took responsibility for a minor accident where I failed to brake fast enough (I only bumped the car in front of me but she was not braked either and went into an RV in front of her and caused property damage for her). I never appeared in court, but got points on my license and paid a fine. Is this something that I have to report? Like I said, it is on my driving record but I was never summoned to court. I've also had to have 10 year driving records given to several jobs, and its never been anything that prevented me from being hired even when I had to drive kids around. Advice would be greatly appreciated.
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: How to handle traffic offenses with application?
« Reply #1 on: November 17, 2014, 06:35:00 PM »
You should list everything on the application anyway, to show you are being open and honest, and maybe also include a copy of your driving history, but if none of them are criminal convictions, they won't affect the application in any way.

The only traffic offences that could affect the application are ones that resulted in an arrest, court appearance and a criminal record, such as a DUI.


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Re: How to handle traffic offenses with application?
« Reply #2 on: November 17, 2014, 07:05:57 PM »
Nope, nothing like that. The "conviction" I had was because I didn't realize I was still in a work zone or how fast I was going the first year I really drove, so I had a major speeding ticket that also resulted in immediate suspension of my license and requirement to take a driving exam. Unfortunately, that happened the same year as that accident, which resulted in more than 6 points on my license and another suspension for that. The "hearing" that is listed on my record is for that suspension - but it never actually happened. They just mailed me the notice that my license was suspended and why. I paid all fines and did not drive during suspensions, and my insurance paid for all damages in that accident. But no arrests, court dates, or criminal convictions
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: How to handle traffic offenses with application?
« Reply #3 on: November 17, 2014, 07:19:06 PM »
I'm so confused as to whether or not to answer "yes". It asks if I have any "criminal" convictions, but then goes on to say I must include "spent and unspent convictions as well as traffic offenses." Should I put "yes" and explain, or should I put "no" because they are not criminal, and just include my driving record and explain?
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: How to handle traffic offenses with application?
« Reply #4 on: November 17, 2014, 07:31:01 PM »
If you read the guide I think it makes more sense.  I think alot of peoples' opinions on this (here and all over the internet) caused me alot of stress.  The answer is pretty clear in the guide, and that's what I followed.  Please read the bold text below.  Not sure what your circumstances are, but the explanation seems more clear to me.

6.9 Do you have any criminal convictions either in the UK or
overseas (you must include spent and unspent convictions as
well as traffic offences)?
Answer Yes/No. Please give details of the date and place (country)
of the offence and what you were convicted of. Please state what
sentence you received. To assist your application, you may want
to supply documentary evidence of the conviction (e.g. the official
record) detailing the crime you were convicted of and the sentence you
received. We will carry out criminal record checks on all applicants and
dependants. You must give details of all unspent and spent criminal
convictions. This includes road traffic offences but not fixed penalty
notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.
Online application completed: Oct 27 2014
Biometrics completed: Nov 3 2014
Application packet sent: Nov 5 2014
Documents delivered by UPS: Nov 7 2014
Email confirmation from Sheffield: Nov 10 2014
Decision email received:  Nov 20 2014
Visa arrived: Nov 22
Moved to England: 11 Dec 2014
FLR-M Application Sent:  13 June 2017
Decision Made: 27 July 2017
Biometric Residence Card Received: 28 July 2017
Decision Letter and Documents Returned:  29 July 2017
ILR Decision Email:  ILR Granted 18 February 2020


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Re: How to handle traffic offenses with application?
« Reply #5 on: November 17, 2014, 07:54:15 PM »
Thanks for trying to help, but I am still confused.
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: How to handle traffic offenses with application?
« Reply #6 on: November 17, 2014, 08:01:32 PM »
You don't have any criminal convictions so you can tick 'no'.

It might be an idea to disclose your speeding tickets/disqualifications etc. anyway though - perhaps in the Additional Information section or in a cover letter, just to be honest.

We did have one person who disclosed a conviction she thought was spent (because it had been more than 5 years), but it turned out it wouldn't be spent for 10 years and so resulted in a visa refusal.

Now, luckily she disclosed it even though she thought she didn't need to, which was a good thing because if she hadn't, and then they discovered she had the conviction, she could have been accused of using deception in a visa application and banned from entering the UK for 10 years. As it was, the visa was simply refused and she just had to wait until it was spent before she could apply again.

So, that's why I suggest disclosing everything even if you don't think it matters, just in case.


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Re: How to handle traffic offenses with application?
« Reply #7 on: November 17, 2014, 09:26:03 PM »
The general consensus on this forum is to disclose everything unless you have professional assistance in UK and US law that can equate the US conviction to the UK equivalent and determine whether it is spent or not (and whether it needs to be disclosed or not).  The worst case scenario is what ksand described - you don't disclose something thinking it didn't matter/didn't count/was spent, and it was something that did end up being important.  However honestly you omitted the information from your application, UKVI could interpret it as you deliberately withholding the info and classing it as deception which could result in a lengthy ban.  Disclose everything - if it ends up being important, you'll be thankful you told them about it.  If not, it won't make a difference to the visa application.



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Re: How to handle traffic offenses with application?
« Reply #8 on: November 17, 2014, 09:57:34 PM »
what do you guys mean by "spent"?
Engaged: June 2014
Married: July 30 2014
Visa Application Received in UK: Nov. 27 2014
Visa granted: Dec 12 2014
Moves to UK: Jan 30th 2015


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Re: How to handle traffic offenses with application?
« Reply #9 on: November 18, 2014, 12:19:57 PM »
Hi all, just for information incase somebody scrolls through this feed looking for answers in the future regarding convictions.

My wife had a driving conviction for a DUI 7 years prior to our recent successful application for a settlement visa. She received a fine, a ban and 6 months probation. We included all the details in the application as well as certified copies of all the documents she received from the courthouse. Thankfully this did not effect our visa application.

Paulboo.



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