Tier 1 General Extension Refuse due to criminal conviction

[sunymalik]

Hi,

I have applied for TIER 1 General Extension but unfortunately got refused under paragraph 322(1A), due to non declare of criminal conviction which was material to the application and ECO also mentioned that you have used deception in this application.

They have given me right of appeal and I lodged my appeal on 10th of May 2013 and waiting for hearing date.

Now the reason why I did not disclose criminal conviction, Because I thought my conviction has been spent.

Now little bit history, As I had an accident on 1st November 2008 and I got penalty 3 Points and £615 Fine from court on 23rd December 2009 due to driving without other than license.

Thereafter, I applied for PSW in May 2010 after completing my Master degree and I did mention in the application form that I have 3 points and £615 court fine which I have paid (court fine) already and successfully got PSW.

Then in 2011 April, I applied for Tier 1 General, and I did mention again in the application form that I have 3 points and £615 court fine which I have paid (court fine) already and successfully got Tier 1 General.

Now this time in April 2013 when I applied for Tier 1 General Extension I did not mention because in the application form it was written criminal conviction which spent do not need to disclose, I contacted DVLA about my penalty points they said my points has been removed in November 2012 and my licence is clean, So I thought my conviction is over.

This was the only reason I did not mention my criminal conviction. Otherwise I would definitely declare.

I need your advice if any one can guide me would appreciate.

Thanks

[hussainkothari]

Now this time in April 2013 when I applied for Tier 1 General Extension I did not mention because in the application form it was written criminal conviction which spent do not need to disclose

Can you point out where this is written?

application form page 40 - http://www.ukba.homeoffice.gov.uk/sitec ... l-form.pdf

E2 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 drinkdriving offences.

[sunymalik]

[quote="hussainkothari"][quote]Now this time in April 2013 when I applied for Tier 1 General Extension I did not mention because in the application form it was written criminal conviction which spent do not need to disclose[/quote]

Can you point out where this is written?

application form page 40 - http://www.ukba.homeoffice.gov.uk/sitec ... l-form.pdf

E2 We will carry out criminal record checks
on all applicants and dependants. [b]You must
give details of all unspent and spent criminal
convictions.[/b] 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 drinkdriving offences.[/quote]


Dear it was in previous version of application form, I applied 2nd of April, but the form has changed on 6th of April, if this would be application form at the time of mine I would definately mention. But unfortunately I used previous version.

Thanks

[sunymalik]

any advise plzzzzzzzzzzzz?