speeding + no insurance + disqualified - ILR ???

jumpstart17253 wrote:Hi Guys,

my license was provisional and still is.

do you think that is why its not recorded as criminal conviction?

No I think that because it was a court conviction (I assume you received a summons and either attended court or agreed) it would not be recorded on the PNC.

If your criminal record is just a result of the PNC data then it would appear you do not need to wait 24 months. However, if the criminal record shows a non-custodial conviction then it would be a general grounds for refusal for 24 months. However, it appears that at the PEO they are granting certain people settlement despite having a police caution within the last 24 months. Something that amounts to a non-custodial sentence per part 9 and is also recorded on the PNC. So if you are willing to take a risk then the PEO would perhaps be the best option.

Hi,

that is correct, I was sent summons by the court and i agreed to pay the fine.

the judge initially gave me 6 months but reduced to 4 after a bit of negotiation.

my last speeding was in november 2011. 1 year and 7 months ago.

according to the guidance a repeated offender is one who gets more than
2 fpn or any other problem in the 12 months (year) preceding to the application.

jumpstart17253 wrote:Hi,

that is correct, I was sent summons by the court and i agreed to pay the fine.

the judge initially gave me 6 months but reduced to 4 after a bit of negotiation.

my last speeding was in november 2011. 1 year and 7 months ago.

according to the guidance a repeated offender is one who gets more than
2 fpn or any other problem in the 12 months (year) preceding to the application.

The issue is 1. whether the 'conviction' is a 'non-custodial conviction' and 2. whether it is recorded on your 'criminal record' for the purpose of Part 9.

A custodial sentence is defined on internet as

A custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey).

Every other sentence and punishment is non-custodial, such as fines, judicial beatings, various mandatory but 'open' therapy and courses, restriction orders, loss or suspension of civil rights, or even suspended sentences.

so it was clearly non-custodial

I am not disputing that it was a non-custodial sentence the question is whether that 'non-custodial' sentence is recorded on your 'criminal record'. As it's not on the pnc I would be inclined to say not, however, I don't know whether it's worth risking it or going for the safer option - an extension. That decision is up to you.

Hi Amber,

on SET O form, it says to produce documentary evidence
from all the employer for every leave you have taken.

i left my previous company 3 years ago,
now they are saying they dont keep record of holidays
that far.

what should i do

jumpstart17253 wrote:Hi Amber,

on SET O form, it says to produce documentary evidence
from all the employer for every leave you have taken.

i left my previous company 3 years ago,
now they are saying they dont keep record of holidays
that far.

what should i do

Do you have a wage slip from that period showing holiday pay? If you're going for a peo they do not always ask for such evidence providing you're within the permitted 180 days per 12 month period.

i am within 180 days, i do have payslips but not sure if i have all.
i have peo appointment 19th june.

i have always been less than 180 days in all five years.
so can i just go without any letter from current or former employer?

also pay slips don't actually mention holiday pay separately,

if it is annual holiday then your salary just remains same nothing deducted
in that month. but you are away from office.

this is how it has been with me.

will that wage slip need to show holiday pay separately?

jumpstart17253 wrote:also pay slips don't actually mention holiday pay separately,

if it is annual holiday then your salary just remains same nothing deducted
in that month. but you are away from office.

this is how it has been with me.

will that wage slip need to show holiday pay separately?

No if it shows you were paid during the absence that should suffice. Though, it's unlikely you'll be asked as many people are not.

Hello Guys,

With the grace of Allah, I got my ILR approved today.

This may help someone.

Submitted CRB Check and PNC check (both were clean)

Also put a printout of Part 9 of immigration rules, and highlighted
the text that says that the Criminal conviction should be recorded
for refusal.

Also put a printout from www.drivingban.co.uk where they mention
totting up ban is not considered a criminal offence and is not recorded
as it is not an arrestable offence.

Also included a persoanl letter to caseworker, stating why i chose to
apply; and referenced the above information so they can refer to it
quickly.

was called in around 10:30 and the woman said all is fine with my
application and a BRP will follow in next 10 days.

Thanks to amber and everyone else for their time and expert advice.

So anybody out there with 2 speeding fines and 1 Driving without insurance in last 24 months and your CRB and PNC comes clean
give it a try you might get approved like I got today.

Thanks immigrationboards and the members.

Amber wrote:

jumpstart17253 wrote:Hi Amber,

on SET O form, it says to produce documentary evidence
from all the employer for every leave you have taken.

What if the individual was never away from the UK and took their holidays within England, Wales and Scotland? Would it be enough to do away with all submitted leave requests and just provide flight and train details instead? In the 5 years since being granted my DLR, I have been away from the UK on holidays 6 separate times, totalling a total 37 days and which I can evidence via ticketing information. Would this be enough evidence? I have remained with the same employer for the entire period though.