YMS VISA APP
Replies: 4 - Last Post: Sep 24, 2012 9:13 AM Last Post By: iviehoff
Sep 24, 2012 12:16 AM
YMS VISA APPHi all,
i am about to apply for a "YMS" visa i have a couple of questions i have 2 unspent convictions i have not paid fines for:
fail to apper in court-fine $300au and
possess utencils or pipes-fine $250au
because the fines are unpaid will they look badly on this?
also i was not granted entry to the UK earlyer this year because i tryed to gain entry on a visit because i have a partner there and didnt have suffient evedence that i would return home i did not apply for a visa for this visit and i was granted 2 days tempary admission, i overstayed an extra 4 days and handed myself in where i was placed in a detention centre then deported back to australia apparently this will not effect my application (so ive been told by the home office) although will me having a partner in the UK be reason enough to not grant my visa? thanks.
Sep 24, 2012 1:59 AM
The fact they are unpaid is not going to affect the outcome of your visa. However you must declare these on your visa application, otherwise there is a very high risk of you being denied the visa for deception, which incurs a 10 year ban from entering the UK.
This is not a typical situation. Normally if you overstayed more than 28 days you would be subject to an entry ban of 1 year or more. You have only a 4 day overstay but you were in a detention centre and 'removed' from the country but I'm not sure if this incurs an entry ban. Did you pay for the flight back?
I suggest you go ask on www.immigrationboards.com as there are some experienced members there.
No not on it's own, but with the other issues above your case is far from straightforward like the majority of YMS applications.
Edited by: wadef
Sep 24, 2012 2:13 AM
2well i geuss my return ticket paid for the return flight i previosly booked im not sure if its done that way.. in any case i was assured this would not stop me re-entering as there looking at it in a way were i was only refused entry and a cross being put on the uk stamp in my passport, i was placed in detention as i was wating for my return flight after i overstayed the for days ,and yes i know what u mean by not as straight forward as it would normally be unfortunitly.
Edited by: reagan2012
Sep 24, 2012 6:39 AM
Sep 24, 2012 9:13 AM
4I expect you don't need to tell them that you haven't actually paid the fines until the point arises that you have a further judgment against you for non-payment, and it would be better not to get to that point. Frankly I don't think you can afford to come to Britain on a working holiday if you don't have A$550 to hand to pay off fines. Situation in Britain in the moment you are going to have difficulty getting enough work.
The normal criterion in dealing with unspent convictions as to whether they will give you a visa is
that if you had been convicted of the equivalent offence in the UK, is the maximum sentence in the UK for that 12 months or more? If so, they have discretion not to let you in. I'm not aware that possession of drug paraphernalia is even an offence in the UK. Failure to appear in court would depend very much upon what you failed to appear for in court for. If you were arrested and released on bail, then bound to surrender at court, then under the Bail Act 1976 S6(7) if was merely summary proceedings before a magistrate then the maximum sentence is 3 months, but if it was crown court then it is 12 months, though it can also be dealt with as contempt of court, in which case much longer sentences can be applied. If you were to turn up for a speeding offence, then I think it wouldn't even be an offence to fail to turn up.
If the immigration service thinks you are just trying to get a working holiday visa in order to have a way for staying here for longer with a partner than you would get on a normal visitor's visa, rather than having a bona fide working holiday, they will routinely reject the application. They really don't like people coming in on the wrong visa.
Plainly this is very complicated and you aren't going to get any definitive answers here.
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