# Visa denial because of Criminal Record



## tokusha (Feb 22, 2013)

Hello Can you please help me?

I was refused for UK Visa under paragraph 320 (7A). 
You state at question 81 on visa application form that you do not have a criminal convictions in any country, However, records show that were cautioned in the UK 17.10.12. As a false statement have been made in relation to your application. it is refused under paragraph 320 (7a) of the immigration rules. You should note that because this entry clearance has refused under paragraph 320 (7a) of the immigration rules, any future application MAY also refused under paragraph 320 (7B). You have sought entry clearance to UK as a family visitor. However on 17.10.12 you were cautioned. I have considered the circumstances of your application including any compelling or compassionate reasons, which there are none, while list you have previously been issed a visa to the uk, you were cautioned on your last visit to the UK and have failed to disclose this on your intentions are as state. IN light of this, I am not satisfied that these reasons outweigh previous criminal activity and I am not prepared to use discretion in your favor. I am therefore refusing your application under paragraph 320 (18A) or S-EC2.5(a) of the immigration rules, Any future application may also fall be to be refused based on non-custodial sentences which appear on your criminal record within the preceding 12 month from the date of your conviction. I have therefore refused your application because I am not satisfied, on the balance of probabilities that meet all requirement of the relevant paragraph of the uk immigration rules. 

SO this was answer from UKBA. Now I applied again, I contacted to police officer, he send me letter where is explanation about crime ..... Dear Sir/Madame,



This letter is in response to a request made by Mr ****** to provide details of a recent Police caution which I issued.

On 17/10/2012 I issued Mr Tornike Choniashvili with a simple Police caution for fraud by false representation under S2 of the fraud act. It was explained that the caution was a criminal conviction in the UK. However, Mr ****i did ask me whether it would affect his chances of receiving a visa to work in the UK. 

I explained that given his previous good character and having had no previous contact with the police within the UK that I felt it unlikely that it would be a problem. I now suspect this has created some confusion as Mr **** has since contacted me explaining that he has been refused a visa as he did not declare the caution, believing it not to be a conviction. He has written to me and requested that I explain the circumstances which may have led to the omission.

I am under the impression that the omission by Mr Choniashvili was probably not helped, and partially caused, by my explanation of the simple caution and its ramifications to employment (ie: following a CRB check) and any subsequent application for a visa to enter/work in the UK.

I have not spoken to Mr ***** outside the course of the investigation and can provide copies of all emails which have been sent and received regarding this matter should they be required.

...... Also from my country * from police station I got letter that I never been arrested or have any crime in my country.. I am going to visit my wife... and I am applying for family visitor visa.. please can you tell me what kind of chance I have now if they will issue visa ?


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## Joppa (Sep 7, 2009)

tokusha said:


> Hello Can you please help me?
> 
> I was refused for UK Visa under paragraph 320 (7A).
> You state at question 81 on visa application form that you do not have a criminal convictions in any country, However, records show that were cautioned in the UK 17.10.12. As a false statement have been made in relation to your application. it is refused under paragraph 320 (7a) of the immigration rules. You should note that because this entry clearance has refused under paragraph 320 (7a) of the immigration rules, any future application MAY also refused under paragraph 320 (7B). You have sought entry clearance to UK as a family visitor. However on 17.10.12 you were cautioned. I have considered the circumstances of your application including any compelling or compassionate reasons, which there are none, while list you have previously been issed a visa to the uk, you were cautioned on your last visit to the UK and have failed to disclose this on your intentions are as state. IN light of this, I am not satisfied that these reasons outweigh previous criminal activity and I am not prepared to use discretion in your favor. I am therefore refusing your application under paragraph 320 (18A) or S-EC2.5(a) of the immigration rules, Any future application may also fall be to be refused based on non-custodial sentences which appear on your criminal record within the preceding 12 month from the date of your conviction. I have therefore refused your application because I am not satisfied, on the balance of probabilities that meet all requirement of the relevant paragraph of the uk immigration rules.
> ...


I'm afraid you are in big trouble.

You didn't declare your criminal conviction - any police caution is criminal conviction and should have been disclosed. UKBA did a check on police national computer (PNC) and your criminal record showed up. Failing to disclose material information in answer to a direct question is a very serious matter, and it usually leads to visa and entry ban for 10 years. Whether UKBA is willing to consider a visa for you again before 10 years is up is open to question, but I think you are unlikely to have any success entering UK for quite a few years.

What the police officer told you is interesting. The officer confirmed you did have criminal conviction (which you failed to declare), and had you disclosed it, UKBA might have used discretion and issued you a visa, but dishonesty on your part left them with no option but to refuse you. Of course he or she isn't an immigration officer and is in no position to know how your application is to be handled. 
Telling UKBA what the police officer told you won't help you. You are still responsible for your own actions.

So I'm afraid you have to revise your plans and leave UK out of your possible destination for a number of years.


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## tokusha (Feb 22, 2013)

Joppa said:


> I'm afraid you are in big trouble.
> 
> You didn't declare your criminal conviction - any police caution is criminal conviction and should have been disclosed. UKBA did a check on police national computer (PNC) and your criminal record showed up. Failing to disclose material information in answer to a direct question is a very serious matter, and it usually leads to visa and entry ban for 10 years. Whether UKBA is willing to consider a visa for you again before 10 years is up is open to question, but I think you are unlikely to have any success entering UK for quite a few years.
> 
> ...


Thanks for your answer, I applied again and send ukba such a documents : That I am International secretary of political party, also member of youth European parliament, Also working in NGO, I am representing emigrants in UK and working on database of emigrants, Letter from internal ministry that I never had any criminal acts in any country expect UK. Letter that I am going to visit my wife because she is studying there, police officer letter, bank statement.. Do you think I have still no chance to get it??? I will go crazy


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## Joppa (Sep 7, 2009)

I doubt it. UKBA is very strict and don't get swayed by circumstancial evidence. Unless you have diplomatic immunity, they have every right to deny you entry. The fact that the reason for your caution was fraud doesn't help your cause either.


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## Harun (Jan 27, 2013)

I was involved in a scuffle outside my house when I was 16 (not my fault) and I was taken to court but bound over to keep the peace and not convicted.

Will this hurt my visa application for my wife in the future?


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## Joppa (Sep 7, 2009)

Harun said:


> I was involved in a scuffle outside my house when I was 16 (not my fault) and I was taken to court but bound over to keep the peace and not convicted.
> 
> Will this hurt my visa application for my wife in the future?


Since Bind Overs become spent after one year, you don't have to disclose it and won't affect your wife's application.


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## Harun (Jan 27, 2013)

Thank God!


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## stuckin (Feb 22, 2013)

OP

Anyone please clarify, cautions are criminal convictions?

https://www.gov.uk/caution-warning-penalty


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## Joppa (Sep 7, 2009)

stuckin said:


> OP
> 
> Anyone please clarify, cautions are criminal convictions?
> 
> https://www.gov.uk/caution-warning-penalty


It is not technically but it will appear when they do a search on Police National Computer (PNC) or CRB check. A caution becomes 'spent' immediately it's given, but my advice is to disclose it, as it's better to be scrupulously honest about one's past. UKBA will ignore whatever is considered irrelevant.


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## stuckin (Feb 22, 2013)

Thanks for reply

But OP has been refused for being cautioned!

Would U consider that ECO has taken a wrong decision


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## Guest (Feb 24, 2013)

stuckin said:


> Thanks for reply
> 
> But OP has been refused for being cautioned!
> 
> Would U consider that ECO has taken a wrong decision


 No he has been refused for lying and denying he had a caution, completely different because it shows bad character.


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## Joppa (Sep 7, 2009)

_shel said:


> No he has been refused for lying and denying he had a caution, completely different because it shows bad character.


And regardless of whether a caution is technically a criminal conviction or not, the fact it always shows up when UKBA do a criminal record check means you should declare it and show your good faith and complete honesty.


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## stuckin (Feb 22, 2013)

sorry I think I m being thick
I think the OP has answered no to question 10.1 on flr m form, in that case the cautions are not criminal convictions?

Thanks


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## Joppa (Sep 7, 2009)

stuckin said:


> sorry I think I m being thick
> I think the OP has answered no to question 10.1 on flr m form, in that case the cautions are not criminal convictions?


Regardless of whether a caution is technically criminal conviction or not, UKBA seem to take the view that whatever comes up in criminal record check, which includes caution, should be declared, and OP has been denied a visa for failing to do so.

In your particular case, the offence happened 14 months ago in Scotland, so will definitely show up when UKBA do a background check on you and so you should declare it. You have nothing to lose by disclosing (they will find out in any case), and you thereby demonstrate your honesty and transparency.


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## stuckin (Feb 22, 2013)

Yes. I understand that n I will declare it as n when the acknowledgement letter comes through. Before that I can't do anything.

The point I wanted to understand is that in layman terms when I have this letter sent out to me n with general research n asking the police I was informed that it is not a criminal conviction hence based on that I did not disclosed it on the form as I was told it isn't a conviction but I m more than willing to disclose it even though I gave undergone two crb for jobs afte that incident without any problem.

What I m more worried about is that have I missed a mandatory disclosure under question 10.1?
I think I haven't n to remedy the info that I have( which home office will anyways find out) I will write a letter with the acknowledgement letter ref explaining this formal warning letter.

Now what should I write in the letter?
The whole incident or just the fact that I have got this letter n I want ti inform home office about it as I m not sure weather its a conviction or not but I want to demonstrate that I m not hiding anything from them.


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## Joppa (Sep 7, 2009)

Just give some details of your warning, the circumstances, your regret etc.


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