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IN10 and travel...Please help!!!


IN10 and travel...Please help!!!

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BenS
BenS
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Hi Walid,

First of all, on this website, you never need to worry about being judged :-)

OK. What was on the form that you signed? Did they give you a copy of it? Did it say anything about you accepting your guilt and/or that it constitutes a conviction? You say you were fined - did you actually pay the fine, or did you opt to be heard by a court because you disputed your guilt and/or the fine?

If you didn't sign anything that accepted your guilt and you have not been to court or been contacted by a court about conviction in your absence, then I can't see how you can have a conviction. But did you perhaps move address shortly after this happened, or is there any way in which there may have been difficulties contacting you in the weeks and months after the event?

To be absolutely sure of knowing whether you have a conviction, you can do a Subject Access Request (very precise information here: https://ico.org.uk/for-the-public/personal-information). Address it to the police force of the area you were in when you got stopped/fined. By law, they have to respond to your request within 40 days and it must tell you all the information they have on you.

Good luck and I hope you can visit the UK again.
JohnL
JohnL
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Hi Walid,

Welcome and don't worry about being judged - we have all been on the wrong side of the law at one point of another.

In terms of whether you have a police record or not, I'd do as BenS suggested and get a subject access request in to the police force in the area that you were pulled over.

If that comes back saying nothing, then there are two situations:

1) the CPS decided to not take the case any further

2) It's still held up in the court system - if this is the case then it's not up to you, or indeed in your interests, to chase it up. Also, for all immigration purposes you do not have a conviction, so can answer truthfully when you re-enter.

First things first, get that SAR in and then it'll all be a lot clearer.
JohnL
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Hi Walid,

I'm assuming it was the metropolitan police rather than British transport police that pulled you over?

Either way, the met are taking up to 6 weeks at the moment to reply to SAR's, so you can apply here and they may be quicker - https://www.acro.police.uk/subject_access.aspx

That website will allow you to apply online, but you can do it by post, too.

You can also apply to the met directly for any locally held information that they have about you, which can be done here via the 'application 2' section - https://content.met.police.uk/Article/Making-a-subject-access-request/1400005855548/1400005855548

Hope that helps
JohnL
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Hi Walid,

Don't worry about SISII, that concerns more serious offences. I very much doubt a POTENTIAL charge for driving without insurance will result in a passport flag. In fact, it won't, so don't worry about it
walid19
walid19
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thanks John!
walid19
walid19
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Hi

I was hoping if anyone could shed some light.

Here's my situation:

I was a international student in the UK (foreign national). I was stopped by the police on the 2nd February for not having insurance while driving. But i actually did have an insurance on my international driving licence. But i was told that i wasn't allowed to drive on my licence after 12 months of arrival in the UK. Hence my insurance policy was deemed invalid.

I was fined and had my car towed. I opted to be heard by a court hence i signed this form and sent it by post.

But even after a couple of months i did not hear anything from the court nor there was anything from the police.

Mid-august 2012 i had to leave UK for good since i finished my course and my visa was due to expire.

Since then i have not been to the UK.

What implications might this have on my visa application to the UK? Also in terms applying for visa to other countries, how should i answer the criminal conviction question?

Any help would be greatly appreciated.

Note : Please don't judge me. I was young and naive, i should have got the facts straight.

I simply cannot live with myself if i cannot travel to Britain anymore or would raise questions elsewhere.

thanks
walid19
walid19
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Thank you so much.

Also, how much of a serious offence in IN10? i really feel like a criminal at times and find it particularly hard to deal with the depression that follows.


Once it is spent ill have some releaf, i suppose!
walid19
walid19
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Sorry for all these repeated questions!


I'm travelling to Italy early next month...is there a possible of me being flagged via SISII?

Or SISII is reserved for more serious offences?
walid19
walid19
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Thank you for your responses mate.

I will get SAR to make things clearer.

I was stopped in front of embankment station. any idea where i should request SAR?

@Bens i did not change my address mate. I opted to my case heard in the court but didnt a reply. I even walked in one day after several weeks to the local police station to check if there's an update but there was nothing.

So i guess i just have to get SAR and see.

Thanks again guys

Post Edited (walid19) : 19/11/2015 17:14:13 (GMT+1)


walid19
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Hi guys !

I had postponed my UK trip last year. And finally I'm planning to go back in a few months.

I got my SAR report today from ACRO and it says "no record found"

I'm a good to declare no criminal conviction on my visa form? 


GO


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