ILR with conviction

Hi, everyone

I am wondering if anyone is having the similiar situation as I am.

Here is my story, I have been holding T1 general for 5 years, and I am ready for ILR, but unfortunately I had a traffic accident last Chrismas, and was convicted March for permiiting driving without insurance(IN14), and I have two endorsements on my driving record: IN14 for 6 points and LC24 for 0 point.

I also did 2 background checks:
1) Scotland Disclosures check: no conviction
2) ACRO criminal records check: no information held about on the PNC

Do I need to wait for 2 year for the conviction? anyone with similiar situation? I found some similiar cases in the old theads here, but no sure if its still feasible,

cheers
M

What was the sentence handed? Was it a fixed penalty notice.
If so you just need to declare it and you might be fine. Check the laws for ILR application it clearly lists the types of conviction and gaps before application.

FaeLLe wrote:What was the sentence handed? Was it a fixed penalty notice.
If so you just need to declare it and you might be fine. Check the laws for ILR application it clearly lists the types of conviction and gaps before application.

thank you for your reply, Faelle, where can I find those conviction types? cant find it on the ILR application form or guide doc

besieged wrote:

FaeLLe wrote:What was the sentence handed? Was it a fixed penalty notice.
If so you just need to declare it and you might be fine. Check the laws for ILR application it clearly lists the types of conviction and gaps before application.

thank you for your reply, Faelle, where can I find those conviction types? cant find it on the ILR application form or guide doc

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

FaeLLe wrote:

besieged wrote:

FaeLLe wrote:What was the sentence handed? Was it a fixed penalty notice.
If so you just need to declare it and you might be fine. Check the laws for ILR application it clearly lists the types of conviction and gaps before application.

thank you for your reply, Faelle, where can I find those conviction types? cant find it on the ILR application form or guide doc

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

Thank you Faelle

it says

"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."

but i dont have any criminal record on my scotland disclosure and Subject Access Disclosure, I'm good to go?

What does this show? -> http://content.met.police.uk/Article/Ma ... 0005855548

The report will show only "unspent" convictions but I am not sure if you need to declare all offences (except FPN) even if they are spent. Do read up on the law in detail on gov.uk

besieged wrote:I had a traffic accident last Chrismas, and was convicted March

Who convicted you?
Judge in a court? DVLA? Police? Someone else?

Hello mate

I assume you were convicted in the court as these convictions are only dealt with in the court.

When did you check your disclosure and ACRO reports ? which month as it can take some time to update the reports after conviction.

Also, if the convictions are not on your report then it will be your decision to go with the application or not.

The issue will be if you declare these convictions on the form then your application will be refused. however, if you do not declare these convictions and the case worker founds out somehow that you have convictions then you will be refused under false information and may be even done for deception.

According to the rules, it is very clear that application will be refused if there is a conviction with in 24 months of application for ILR>

sushdmehta wrote:

besieged wrote:I had a traffic accident last Chrismas, and was convicted March

Who convicted you?
Judge in a Court? DVLA? Police? Someone else?

in court

montysingh wrote:Hello mate

I assume you were convicted in the court as these convictions are only dealt with in the court.

When did you check your disclosure and ACRO reports ? which month as it can take some time to update the reports after conviction.

Also, if the convictions are not on your report then it will be your decision to go with the application or not.

The issue will be if you declare these convictions on the form then your application will be refused. however, if you do not declare these convictions and the case worker founds out somehow that you have convictions then you will be refused under false information and may be even done for deception.

According to the rules, it is very clear that application will be refused if there is a conviction with in 24 months of application for ILR>

Home office only seems to check PNC for criminal records, so my traffic offense is not my criminal records, I will take my chance to apply, thanks

for people with same problem, here is one example ILR with conviction within 24 months, you can take a look

http://www.immigrationboards.com/indefi ... 46531.html

here is one most recent example

http://www.immigrationboards.com/indefi ... 88036.html

Hi besieged

Thanks! A little more hope never hurt

Any chance of advice what a PNC letter might be? - Is it the same as request to access for information on http://www.scotland.police.uk/access-to ... rotection/

Cheers,

Prashant

besieged wrote:

montysingh wrote:Hello mate

I assume you were convicted in the court as these convictions are only dealt with in the court.

When did you check your disclosure and ACRO reports ? which month as it can take some time to update the reports after conviction.

Also, if the convictions are not on your report then it will be your decision to go with the application or not.

The issue will be if you declare these convictions on the form then your application will be refused. however, if you do not declare these convictions and the case worker founds out somehow that you have convictions then you will be refused under false information and may be even done for deception.

According to the rules, it is very clear that application will be refused if there is a conviction with in 24 months of application for ILR>

Home office only seems to check PNC for criminal records, so my traffic offense is not my criminal records, I will take my chance to apply, thanks

If you are applying and you do not declare a court conviction before it is spent you are just giving the home office access to Never give you an ILR on grounds of deception.
Remember they have access to everything.

If you are taking your chances do it the right way and declare it and clarify it is not something that would make you ineligible as per XYZ.

At least that way if you get refused you can fight in court, if you don't declare and the judge finds you were supposed to then its black and white.

Get a proper lawyer, spend some money and invest in your future. All of us are just armchair lawyers who probably understand things only partially.

If you declare it, you might well be refused.

If you don't declare it, you are positively asking for trouble. You'll be refused for deception as well as the conviction, and banned for up to 10 years.

Even if you don't declare it and get away with it, they can and do check later, same thing happens then, a ban.

I got my ILR successfully. I dont understand why declaring it means refuse? I declared it as required


GOOD LUCK TO ALL, CHEERS

You are a very lucky chap indeed. Best of luck.

besieged wrote:I got my ILR successfully. I dont understand why declaring it means refuse? I declared it as required


GOOD LUCK TO ALL, CHEERS

jimtoole wrote:You are a very lucky chap indeed. Best of luck.

besieged wrote:I got my ILR successfully. I dont understand why declaring it means refuse? I declared it as required


GOOD LUCK TO ALL, CHEERS

thank you, but they have no reason to refuse my application

Mate they are looking for them really hard in each and every application and you gave them one. Enjoy your freedom bro.

besieged wrote:

jimtoole wrote:You are a very lucky chap indeed. Best of luck.

besieged wrote:I got my ILR successfully. I dont understand why declaring it means refuse? I declared it as required


GOOD LUCK TO ALL, CHEERS

thank you, but they have no reason to refuse my application