Is non molestation Order to be considered as Civil court Judgement to declare in Visa extension

[steventony]

Hi All

I have applied for T2 ICT extension and home office have put my application on hold stating that under conviction and penalties section I have not declared something which they have in their record.

Wanted to check would have declared the below 3 conditions of mine whilst submitting the extension.
1. My wife had non molestation order against me but there is no charges put against me by court
2. Council has issued notice for late fee
3. Fine for late tax declaration however all taxes are declared at source from salary and don’t have additional income.

I am non-alcoholic and don’t have UK licence so no charges from court regarding any surrounding of these.

Below is the check list given in the T2 ICT extension application for any one’s information? Point 4 & 5 below encompass any of my above conditions & should i have declared notice issued by council and home office

1. A criminal conviction
2. A penalty for a driving offence, for example disqualification for speeding or no motor insurance
3. An arrest or charge for which you are currently on, or awaiting trial
4. A caution, warning, reprimand or other penalty
5. A civil court judgment against you, for example for non-payment of debt, bankruptcy proceedings or anti-social behaviour
6. A civil penalty issued under UK immigration law

Thanks in advance for your responses.

[steventony]

HI all & CR00

Cr00/ who ever reads/ have some information please throw some light I am really in difficult situation ...please I beg ...thanks in advance .

my t2 extension is on hold. I need yo respond home office early ...home office asking me to declare /provide clarification on something (which they are not disclosing) which I am not aware.I do not any criminal convictions however arrested for breach of non molestation order but police discharged without any offense.I am not quite sure should I declare all the summons or deBT collection regarding coucil tax /utility bill/tax etc however not had any convictions for these.

I have applied for DBS now it takes 14 days..police certificate can get it within 48 hrs but still in application for police certificate they keep asking to declare same as visa application (which I don't know what to include like penalty for bills ..debts etc as they are civil in nature)...police subject request takes 30 days and there is no time for that and you cannot speed up this .

Can somebody provide details how Basic DBS & Police certificate differ in content ..will police certificate have more than DBS ..which report tell me list of penalties /debts for utility bills or tax ...should I provide these details to home office as clarification as they are civil in nature ..home office have not asked me to provide clarification within any time line ...if there any standard response time ?

..best regards ...Steven

[CR001]

You should have declared the non molestation order and the fact that you breached the order, which is a criminal offence. It is a court issued order and there would be a record of it.

A quick Google search says :

A non molestation order is a civil order. Although sometimes the facts alleged can find their way onto a CRB under other information. But if he contests it then it will still be on his enhanced CRB. ... Non molestation orders are civil orders but breach of them is a criminal offence.

A non-molestation order (or “non-mol”) is one of the court's key powers in cases involving domestic violence. ... If a person breaches a non-molestation order, it is both civil contempt (leading to a possible fine or imprisonment) and a criminal offence. They can be immediately arrested and face up to five years in prison.

[steventony]

Hi CR001

Thank you so much for your reply .

I need to know what are all thing's listed against me in CRB... which report can get me this ..(not sure basic DBS can get all) because there is a risk that home office can reject my application if I provide clarification for only one thing which i know and not knowing about other things listed in their record if in case (eg: council tax / income tax summons)

Also any umbrella company can file enhanced DBS check for me ? If I pay them the money

can this be obtained in police certificate ? .but they ask you to declare everything in their application

For council tax/ income tax late filing any summons related infotmatiin do I need to declare as I am not criminally convicted in any of these cases

Also I dint breach the molestation order but they suspected and arrested but dint charge me with any offense when they came to know it was false allegation supported by social care ...

Many thanks and nice day

Steven

[steventony]

Hi CR001 and others

my Tier 2 extension is on hold and home office have asked clarification about some activities listed in their records (related to Arrest,penalty,caution etc).I am planning to apply subject access which will take nearly 30 days to get the details & then reply

Is there any time limits to reply to home office for asked clarification.At the moment Home office have replied that my application will be on hold until i provide clarification & not specified any time limits within which i need to reply

Can expert/CR001 throw some light on this question.

Many thanks

[Frontier Mole]

Two weeks is considered reasonable but if they have not stated a timescale then expect a reminder if you are lucky in about 4 weeks.

[steventony]

Thank you Frontier Mole ..Cheers

[steventony]

Tier 2 Visa Application Conviction & penalty section & what to be included under penalty /civil information ( i am excluding penalty for driving related/Civil penalty related to employers ( & i am an employee) /Fixed penalty like garbage,spitting etc here)

1)A caution, warning, reprimand or other penalty - what this other penalty here encompass

2) A civil court judgment against you, for example for non-payment of debt, bankruptcy proceedings or anti-social behavior

a) as there is difference between warrant & Judgementt - Do you need to declare the warrant issued by court to electricity company to installed pre-payment meter & fine paid etc
b) Summons issued for late payment of council tax

[steventony]

Hi all & CR001

Below is the response snippet i got from home office .Can i write back to them and ask what is that specific things they have in list against me so that i can declare & provide clarification.I dont want to assume things for late council fee,warrant from electricity etc to declare unnecessarily & push the application status in the wrong direction.I don't have any convictions under civil/criminal laws + have applied for basic DBS to match against their list if any

response from HO seeking clarification
you have stated under the ‘Convictions and other penalties’ that you have had none of these. Though the application states convictions or penalties, this is not an exhaustive list. Our records show that there have or has been some activity/ies in the past and therefore I am writing to ask for clarification.

Best Regards,Steven

[CR001]

Two weeks is considered reasonable but if they have not stated a timescale then expect a reminder if you are lucky in about 4 weeks.

Topics merged for circumstances.

[steventony]

Can i kindly request experts/moderators/CR001 from the group to help me on this topic..PLEASE ..my humble request to you all

Tier 2 Visa Application Conviction & penalty section & what to be included under penalty /civil information ( i am excluding penalty for driving related/Civil penalty related to employers ( & i am an employee) /Fixed penalty like garbage,spitting etc here)

1)A caution, warning, reprimand or other penalty - what this other penalty here encompass

2) A civil court judgment against you, for example for non-payment of debt, bankruptcy proceedings or anti-social behavior

a) as there is difference between warrant & Judgementt - Do you need to declare the warrant issued by court to electricity company to installed pre-payment meter & fine paid etc
b) Summons issued for late payment of council tax

[steventony]

Hi

I had non molestation order (this is civil in nature)issued from court in relation to my marriage from my wife & i don't have any criminal convictions.For my Visa application extension do i need to mention this under Civil judgement.Below is what is asked in application under Convictions and other penalties- A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behavior

Overall is court order and judgement is same from Visa application perspective ?

[Casa]

Hi

I had non molestation order (this is civil in nature)issued from court in relation to my marriage from my wife & i don't have any criminal convictions.For my Visa application extension do i need to mention this under Civil judgement.Below is what is asked in application under Convictions and other penalties- A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behavior

Overall is court order and judgement is same from Visa application perspective ?

A non-molestation order is a Civil Court Judgement and should be declared. If the order is broken, it becomes a criminal offence.

[CR001]

Topics merged!!!!

[steventony]

Hi

I had non molestation order (this is civil in nature)issued from court in relation to my marriage from my wife & i don't have any criminal convictions.For my Visa application extension do i need to mention this under Civil judgement.Below is what is asked in application under Convictions and other penalties- A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behavior

Overall is court order and judgement is same from Visa application perspective ?

A non-molestation order is a Civil Court Judgement and should be declared. If the order is broken, it becomes a criminal offence.

Thanks a lot Casa..as per the information i have

Judgments are the final outcome of the court, be it a judge or jury. Orders are decrees from a judge commanding a specific party to do a specific act. ... A judgement usually refers to a final determination of the case. An order typically refers to anyone that is not a judgment.When judgement has to be given it has certain procedure to follow like evidences brought ..fact finding on issues from both parties ..hearing of appeal from both sides..
in my case none of the above happened.Social workers brainwashed my wife and made an appeal to court for non molestation order and i just agreed to to that and stayed away from my wife for an year.Other than this nothing much happened and case is closed after an year.Hence i consider this as just an order.

In Visa application they have asked is there any criminal conviction ,Civil judgement (In civil there is no conviction its only termed as judgement) and penalties.Since there is no Judgement in my case DO i need to declare this ..

Many thanks for any inputs

[steventony]

Hi

I had non molestation order (this is civil in nature)issued from court in relation to my marriage from my wife & i don't have any criminal convictions.For my Visa application extension do i need to mention this under Civil judgement.Below is what is asked in application under Convictions and other penalties- A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behavior

Overall is court order and judgement is same from Visa application perspective ?

A non-molestation order is a Civil Court Judgement and should be declared. If the order is broken, it becomes a criminal offence.

Thanks a lot Casa..as per the information i have

Judgments are the final outcome of the court, be it a judge or jury. Orders are decrees from a judge commanding a specific party to do a specific act. ... A judgement usually refers to a final determination of the case. An order typically refers to anyone that is not a judgment.When judgement has to be given it has certain procedure to follow like evidences brought ..fact finding on issues from both parties ..hearing of appeal from both sides..
in my case none of the above happened.Social workers brainwashed my wife and made an appeal to court for non molestation order and i just agreed to to that and stayed away from my wife for an year.Other than this nothing much happened and case is closed after an year.Hence i consider this as just an order.

In Visa application they have asked is there any criminal conviction ,Civil judgement (In civil there is no conviction its only termed as judgement) and penalties.Since there is no Judgement in my case DO i need to declare this ..

Many thanks for any inputs

I spoke to an immigration and family solicitor..none have proper answer as this is a niche area.However one of them accepted to mention that Molestation order remained and ended as an normal order and did not had any civil judgement.

[Dasistfact]

Hi! How was your case resolved? Was a non-mol considered to be a civil judgement or was arrest or maybe something else?