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Points on DL & ILR

General UK immigration & work permits; don't post job search or family related topics!

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tuntuna
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Points on DL & ILR

Post by tuntuna » Tue Nov 24, 2015 9:56 am

Hello Experts

need you advise

I may possibly be have points on my license as I was driving on 60 at average speed check zone 50 on motorway. For God bid if I have this on license will this affect my ILR application

regards

askhan
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Re: Points & ILR

Post by askhan » Tue Nov 24, 2015 10:53 am

HI Mate.


if its come as FPN then you are safe.. if its come via court then you are in trouble.

Thanks
Ak
Kind Regard,
A.Khan
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tuntuna
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Re: Points & ILR

Post by tuntuna » Tue Nov 24, 2015 12:49 pm

Hi

thanks for your reply, how its usually come? as my speed were not very high..

regards

askhan
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Re: Points & ILR

Post by askhan » Tue Nov 24, 2015 2:37 pm

Through post should be with you in 14 days, if not then null and void.

Thanks
Ak
Kind Regard,
A.Khan
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tuntuna
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Re: Points & ILR

Post by tuntuna » Tue Nov 24, 2015 2:49 pm

askhan wrote:Through post should be with you in 14 days, if not then null and void.

Thanks
Ak
sorry let me rephrase it in what situation it comes via court as my speed was not very high.

regards

askhan
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Re: Points & ILR

Post by askhan » Tue Nov 24, 2015 4:04 pm

Mate.

you received a FPN at home address and then if you challenge and found guilty then its counted as court judgement.

Thanks
A
Kind Regard,
A.Khan
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tuntuna
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Tier 1 General; what if I get a conviction?

Post by tuntuna » Wed Nov 25, 2015 2:44 pm

Hi all

what are the options I will have if I get convicted from court as I am due my ILR in Feb 2016 and my current leave is expiring in feb 2016 I am on T1 G. will HO give me 2 years discretionary leave on this? is there any thing like this?

as my bad I was driving on 60 mph on motorway when it was 50 mph average camera check 5 in the morning.

regards

FaeLLe
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Location: London

Re: ILR with conviction

Post by FaeLLe » Wed Nov 25, 2015 3:14 pm

tuntuna wrote:Hi all

what are the options I will have if I get convicted from court as I am due my ILR in Feb 2016 and my current leave is expiring in feb 2016 I am on T1 G. will HO give me 2 years discretionary leave on this? is there any thing like this?

as my bad I was driving on 60 mph on motorway when it was 50 mph average camera check 5 in the morning.

regards
https://www.gov.uk/government/uploads/s ... 4v23_0.pdf

This lists the discretionary general grounds for refusal of leave to remain under
paragraph 322 of the Immigration Rules. It also sets out when you must refer an application
before you make your decision.

You must refuse an applicant who is applying for indefinite leave to remain on or
after 13 December 2012, if they:
 have been convicted of an offence and sentenced to imprisonment for at least
four years
 were convicted of an offence and sentenced to imprisonment for at least 12
months but less than four years, and 15 years has not passed since the end
of the sentence
 were convicted of an offence and sentenced to imprisonment for less than 12
months, and seven years has not passed since the end of the sentence
 have, within the 24 months preceding the date of the application, been
convicted of or admitted to an offence and received a non-custodial sentence
or other out of court disposal recorded on their criminal record.

There is no clear definition of what is a non-custodial sentence but if you have been sentenced 24 months before the ILR application you might be okay!

Also you need to meet the good character condition, see this document showing how it affects applications -> https://www.gov.uk/government/uploads/s ... _D_v02.pdf

tuntuna
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Re: ILR with conviction

Post by tuntuna » Wed Nov 25, 2015 3:49 pm

thanks for your reply

but question is what options then applicant will left with if they cant go for the ILR, does HO have any other visa category under which applicant can apply for that and spent two years on that visa as T1G extension is already closed now?

FaeLLe
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Location: London

Re: ILR with conviction

Post by FaeLLe » Wed Nov 25, 2015 8:51 pm

tuntuna wrote:thanks for your reply

but question is what options then applicant will left with if they cant go for the ILR, does HO have any other visa category under which applicant can apply for that and spent two years on that visa as T1G extension is already closed now?
Nope they want you to pack up and leave... You need an immigration lawyer, scroll to to the top of this page and ring that number mate.

tuntuna
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Re: ILR with conviction

Post by tuntuna » Thu Nov 26, 2015 12:15 pm

FaeLLe wrote:
tuntuna wrote:thanks for your reply

but question is what options then applicant will left with if they cant go for the ILR, does HO have any other visa category under which applicant can apply for that and spent two years on that visa as T1G extension is already closed now?
Nope they want you to pack up and leave... You need an immigration lawyer, scroll to to the top of this page and ring that number mate.
HI

Can I just not to go for FLR LR as I will be also completing my 10 years’ time in due course there would be some way out to spend this 2 years’ time?

Seniors can you please shed some light on this

regards

tuntuna
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Re: ILR with conviction

Post by tuntuna » Thu Nov 26, 2015 12:15 pm

FaeLLe wrote:
tuntuna wrote:thanks for your reply

but question is what options then applicant will left with if they cant go for the ILR, does HO have any other visa category under which applicant can apply for that and spent two years on that visa as T1G extension is already closed now?
Nope they want you to pack up and leave... You need an immigration lawyer, scroll to to the top of this page and ring that number mate.
HI

Can I just not to go for FLR LR as I will be also completing my 10 years’ time in due course there would be some way out to spend this 2 years’ time?

Seniors can you please shed some light on this

regards

Wanderer
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Ireland

Re: ILR with conviction

Post by Wanderer » Thu Nov 26, 2015 12:21 pm

tuntuna wrote:
FaeLLe wrote:
tuntuna wrote:thanks for your reply

but question is what options then applicant will left with if they cant go for the ILR, does HO have any other visa category under which applicant can apply for that and spent two years on that visa as T1G extension is already closed now?
Nope they want you to pack up and leave... You need an immigration lawyer, scroll to to the top of this page and ring that number mate.
HI

Can I just not to go for FLR LR as I will be also completing my 10 years’ time in due course there would be some way out to spend this 2 years’ time?

Seniors can you please shed some light on this

regards
FLR on what basis?
An chéad stad eile Stáisiún Uí Chonghaile....

tuntuna
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Re: ILR with conviction

Post by tuntuna » Thu Nov 26, 2015 12:45 pm

FLR on what basis?[/quote]

On the basis that I have spent 10 years in this country lawfully and have wife kid settled here, is there nothing like I can get 2 years discretionary leave to remain and spend this conviction and then go for ILR

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILR with conviction

Post by Wanderer » Fri Nov 27, 2015 12:01 am

tuntuna wrote:FLR on what basis?
On the basis that I have spent 10 years in this country lawfully and have wife kid settled here, is there nothing like I can get 2 years discretionary leave to remain and spend this conviction and then go for ILR[/quote]

You've not spent ten years though have you? You are short six months?

Rules is rules...
An chéad stad eile Stáisiún Uí Chonghaile....

FaeLLe
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Posts: 325
Joined: Thu Nov 14, 2013 7:11 am
Location: London

Re: ILR with conviction

Post by FaeLLe » Fri Nov 27, 2015 10:00 am

tuntuna wrote:
FLR on what basis?
On the basis that I have spent 10 years in this country lawfully and have wife kid settled here, is there nothing like I can get 2 years discretionary leave to remain and spend this conviction and then go for ILR
To be honest I dont think there is any discretionary leave granted because of a conviction!
The only 2 years additional leave is granted so you can complete your Life in the UK and English test requirements.

tuntuna
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Really stress ILR in Feb

Post by tuntuna » Wed Dec 02, 2015 9:31 am

Gurus need your help urgently

I am on T1G and visa is expiring in feb 16 also my 10 years will be completing in march 2016,

Problem is:

What should I do if I get conviction, conviction relates to traffic offence. What other options I can have to spend this conviction please?

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CR001
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Re: Tier 1 General; what if I get a conviction?

Post by CR001 » Wed Dec 02, 2015 9:35 am

Please don't create multiple posts (click) with the same question.

I have merged your post with your original one, please continue your questions here.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

geriatrix
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Re: Tier 1 General; what if I get a conviction?

Post by geriatrix » Wed Dec 02, 2015 12:01 pm

If you are indeed convicted for an offence that prevents your ILR application to be approved (due to rehabilitation period involved) then the only option for you is to switch to another immigration category you may qualify for, spend out the rehabilitation period, and then apply for ILR.

Come back for more information when you know the details of your (not yet happened) conviction.
Life isn't fair, but you can be!

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