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Topic: spouse visa & ordinance violation  (Read 2923 times)

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spouse visa & ordinance violation
« on: July 16, 2008, 06:02:16 PM »
Hi, I am not sure what to say about this.  I have an ordinance violation from 1999.  When the incident occured I was told that if I showed up in court and paid the fine (which I did) it would be not be on my record after two years.

Well when I do a search in the county where it happened my case file is still there and all it say is ordinance violation and that it was 6 months supervision.

It was for theft of $70.00 from a place I worked at the time.. I know stupid but I was young and stupid.

Am I to believe that this information is there as it must be kept there or is this still on my criminal record?  I have since applied for jobs that have done background and criminal searches and have never been asked about this incident?

any thoughts?


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Re: spouse visa & ordinance violation
« Reply #1 on: July 16, 2008, 06:15:40 PM »
Declare it, and don't worry.


Vicky


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Re: spouse visa & ordinance violation
« Reply #2 on: July 16, 2008, 06:36:00 PM »
Okay next problem.  I have already submitted the online application and said no to criminal convictions honestly thinking nothing was on my record.  I haven't sent it in yet because my Biometrics Appointment is not until the end of next week.  Can I write on the application to ammend this? Or do I just write a letter explaning that I anwsered no thinking it was no longer on my record but am mentioning it just in case?

I don't have any paperwork on it all.  Would I just include a printout from what I see on the courthouse website?

Do I also fully explain the situation and what happened.  I am so nervous now I think might cry!


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Re: spouse visa & ordinance violation
« Reply #3 on: July 16, 2008, 06:39:30 PM »
Also I am Reading the other post that is quite like mine.  They plead no contest I honestly have no idea what mine was, I guess it was just guilty.


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Re: spouse visa & ordinance violation
« Reply #4 on: July 16, 2008, 06:41:58 PM »
Why are you nervous?  Did you see the bit where I said 'don't worry'?

As I said - date of conviction, what was the conviction for, what was the punishment, did you serve it, print out, end of.  Put it in a cover letter.  And chill.  This is not a big deal. This is really minor.

Oh, and the other guy with minor convictions...he got his visa about 5 days after applying.

Vicky


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Re: spouse visa & ordinance violation
« Reply #5 on: July 16, 2008, 07:10:34 PM »
I know.. I know..  I just think I am the most nervous because I met and married my UK husband about a year after this and I have never told him about it so now looks like we are going to have to have a little talk.   :-[

So I should make an amendment to the printed out online application or just include the printouts and explanation separate? Or both?  :)  I am afraid that me putting no and then saying 'oh yeah' will look stupid but oh well already submitted.

I thank you so much Vicky (and everybody else here) this is a wonderful site that has helped many people. 


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Re: spouse visa & ordinance violation
« Reply #6 on: July 16, 2008, 09:53:52 PM »
This is going to be a really daft question but does somebody know what this even means?  This is what it shows when I look up the incident on the courthouse website:


Name       No.    Qualifier  Desc                       Type          Date    Plea     Status
Count       1                   Ticket #: 32228         
Charge      1      None      THEFT                    Original                  Guilty   Class Other 
Disposition 1                   403 - Withhold Judgment/Supervision    04/29/1999     
Sentence   1                  208 - Supervision      6 months            04/29/1999 In Force 

So obviously it appears it was a Guilty plea and I see it was 6 Months Supervision but what does "Withold Judgement" mean?  How do I explain that?

Okay I think I will just put this (using Vicky's last post)

date of conviction : 05/27/99 (this was the date I saw the judge and paid fine)
what was the conviction for : Theft
what was the punishment : 6 Months Supervision
did you serve it : Yes

Of course I will write it out in a nice coverletter and supply printouts of what I see on that website but do I have to understand what Withodl Judgement means?

Do I explain it was theft of $70.00?  I dont want them to think I knocked over a bank or anything........  Do I write something like "I was young an stupid", etc... I hate this.  Don't you ever wish you could turn back time and change things?


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Re: spouse visa & ordinance violation
« Reply #7 on: July 16, 2008, 11:25:09 PM »

Okay I think I will just put this (using Vicky's last post)

date of conviction : 05/27/99 (this was the date I saw the judge and paid fine)
what was the conviction for : Theft
what was the punishment : 6 Months Supervision
did you serve it : Yes



Exactly.  Then add " the theft was of fifty dollars, while i make no excuses for this it was a long time ago, I have committed no crimes since, and hope that this minor conviction is not something that will have an adverse effect on the application"

Vicky


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Re: spouse visa & ordinance violation
« Reply #8 on: July 17, 2008, 03:05:10 PM »
Okay.. how does this look? 
============================
I have amended my printed application to 'Yes' when asked if I have been convicted of any crime (including traffic violations).  I have attached a print out of what can be found regarding my ordinance violation which occurred on March 29th, 1999.

Date of Conviction: 05/27/1999
What was the Conviction for: Ordinance Violation - Theft of under $100.00
What was the Punishment: 6 Months Supervision
Has this been served: Yes

The theft was of seventy dollars, while I make no excuses for this it was a long time ago, I have committed no crimes since, and hope that this minor conviction is not something that will have an adverse effect on my application.

Sincerely,
XXXX
============================

Am I allowed to write on my printed out on line application?  If so I will just mark thru where I had chosen 'No' and write "Yes - See Attached Paperwork"

Is that okay?

I talked to my husband last night, now he is all nervous that we are going to get denied! After I explained it all to him last night and after the kind words from Vicky I think I am actually less nervous about sending everything in than I was before.  How crazy it that?  Because I know we show proof of funds, accommodation and that we will be easily employed so if this is 'minor' then I think I'll try to worry less now.   :)

In the above cover letter do I need to explain why I didn't click yes when I submitted the on line application?


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Re: spouse visa & ordinance violation
« Reply #9 on: July 17, 2008, 03:49:19 PM »
That sounds fine.

You can explain why you didn't think you needed to put it.

Marking through 'see attached' is fine.

Telly your husband to chill!


Vicky


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Re: spouse visa & ordinance violation
« Reply #10 on: July 17, 2008, 05:46:03 PM »
Thank you Vicky SO much!  I have passed on the message to my husband and I think he is okay now.   :)  Now I just have to focus on the Bio Appointment next week and then sending it all in with fingers crossed.

Thanks again!


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Re: spouse visa & ordinance violation
« Reply #11 on: September 09, 2008, 09:39:12 PM »
Do I need to include an case taken against me in Small Claims Court? It stemmed from an unpaid bill from the Dentist that was mailed to my old address and finally an attorney tracked me down and said I had better pay as he would be taking me to court. I paid him and the case was closed. I guess it wouldn't hurt to say it but is it really criminal? Do they want to know this?


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Re: spouse visa & ordinance violation
« Reply #12 on: September 09, 2008, 09:52:09 PM »
you paid before it went to court.  So, there was no claim, and no judgement. So nothing to report.

Vicky


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Re: spouse visa & ordinance violation
« Reply #13 on: September 09, 2008, 10:40:05 PM »
Vicky, about the conviction back in 1999, had that been a UK conviction, under UK law it would now be "spent". Are we sure it needs to be mentioned at all?
John


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Re: spouse visa & ordinance violation
« Reply #14 on: September 09, 2008, 10:46:10 PM »
There has been some debate on this, and I would have said no.  garry says different, and I seem to remember had some guidelines from UKBA on this, so I now advise to declare...safe in the knowledge that they cannot refuse as a result.


Vicky


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