Unspent conviction

Hi there,
Can anyone plz help me,
If I have a country court judgement against me, can my PR be rejected on the base that I have a unspent conviction. For example my land lord went to court to evict me. But I never been called the court. I left that place soon after the problem with my landlord. Now there might be, I don't know, possibility of a judgment against me.
Would I be allowed to appeal, in the case my PR gets rejected? And what would be the chances of success?
Since there is a new law since dec, 2012 about the criminal records.
Please shed some light on my case. I'm really worried.
Thanks you so much...

kampk121 wrote:Hi there,
Can anyone plz help me,
If I have a country court judgement against me, can my PR be rejected on the base that I have a unspent conviction. For example my land lord went to court to evict me. But I never been called the court. I left that place soon after the problem with my landlord. Now there might be, I don't know, possibility of a judgment against me.
Would I be allowed to appeal, in the case my PR gets rejected? And what would be the chances of success?
Since there is a new law since dec, 2012 about the criminal records.
Please shed some light on my case. I'm really worried.
Thanks you so much...

A county court judgement is a civil issue not criminal thus is not a criminal conviction. If there are no grounds to have the ccj set aside, make sure you've started a repayment plan with them or send a N244 form to the court asking for a variation based on your disposable income as per a financial statement. Your pr will not be rejected.

Hi,
Has anyone got their PR Or ILR application approved despite having a Country court judgement?
If not how long do you have to Waite until you can re apply , is two years? Or three?
Plz share your knowledge regarding Unspent convictions..
Thank you..

kampk121 wrote:Hi,
Has anyone got their PR Or ILR application approved despite having a Country court judgement?
If not how long do you have to Waite until you can re apply , is two years? Or three?
Plz share your knowledge regarding Unspent convictions..
Thank you..

Plz guys shed some light on this topic..

kampk121 wrote:

kampk121 wrote:Hi,
Has anyone got their PR Or ILR application approved despite having a Country court judgement?
If not how long do you have to Waite until you can re apply , is two years? Or three?
Plz share your knowledge regarding Unspent convictions..
Thank you..

Plz guys shed some light on this topic..

Did you not read what I wrote? The only time ilr will be rejected, possibly, is if the applicant shows no intention of paying debts. Like I said you need to set up a repayment plan and start getting the ccj paid. Again it's not a conviction it's a civil matter!

Hi Amber, I did read you post, Thank you very much. I'm just a bit confused, as I read some information on the ukba website; http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
General grounds of refusal.
On page 38, Quick reference guide, ILR ( settlement)
If a person has been convicted for a non- costodial sentence, his application should be refused. ( Mandatory ) . Unless a period of two years has passed since the conviction date.
So in my case wouldn't it be a non costodial sentence?
I'm sure you had already saw the above link?
Please correct me if I'm wrong.
Thank you...

You've already had the correct answer twice, which is that a civil court judgement for debt is not a criminal conviction, and not relevant to your ILR application. Continually asking the same question just looks like attention-seeking.

Unfortunately your failure to pay your debts is not a reason to refuse your application to stay in the United Kingdom.

Mr Rusty wrote:You've already had the correct answer twice, which is that a civil court judgement for debt is not a criminal conviction, and not relevant to your ILR application. Continually asking the same question just looks like attention-seeking.

Unfortunately your failure to pay your debts is not a reason to refuse your application to stay in the United Kingdom.

Actually an intention not to pay debts is a general grounds for refusal for ilr, hence why I suggested to start a repayment plan now.

D4109125 wrote:

Mr Rusty wrote:You've already had the correct answer twice, which is that a civil court judgement for debt is not a criminal conviction, and not relevant to your ILR application. Continually asking the same question just looks like attention-seeking.

Unfortunately your failure to pay your debts is not a reason to refuse your application to stay in the United Kingdom.

Actually an intention not to pay debts is a general grounds for refusal for ilr, hence why I suggested to start a repayment plan now.

Hi Gurus,
Thanks for your advice, I'm going to pay my debt in full if I couldn't get it aside.
I am not after any attention, but worried about my application. Although it is not a criminal conviction, hence it is a civil judgment. And as the new law applies now, and even the CCJ can be taken into account when applying for ILR/PR/BC.
Have a look at the link. http://firstmigration.com/uk-visas/settlement-ilr

Changes to Indefinite Leave to Remain (ILR) rules on 6th April 2011...

From 6th April 2011, the UK Border Agency has changed the immigration rules for anyone applying for an Indefinite Leave to Remain visa (aka Permanent Residency).

There have been two types of changes:

Changes that affect all applicants that are applying for Indefinite Leave to Remain;

Changes that affect only those on a Tier 1, Tier 2 or Work Permit applying for ILR

Changes affecting all applicants
The following two changes affect everyone:

Criminal Convictions/Traffic Offenses/County Court Judgements (updated April 2013): In December 2012, the UK Border Agency amended the immigration rules for the hundredth time since 2010 in their concerted effort to stop migrants in the UK attaining Indefinite Leave to Remain. This particular change to the immigration rules saw the Rehabilitation of Offenders Act (1974) being removed and substantial case worker guidance being issued stating whether different issues clients face no longer enable them to qualify for ILR. Migrants in the UK MUST now always declare any legal issues they may have had whenever applying for any UK visa. The UKBA case workers will now always take into consideration any issues you have had with regard to the law (both civil and criminal) when deciding on whether to grant ILR or British Citizenship.

That's the reason, I'm worried.

kampk121 wrote:

D4109125 wrote:

Mr Rusty wrote:You've already had the correct answer twice, which is that a civil court judgement for debt is not a criminal conviction, and not relevant to your ILR application. Continually asking the same question just looks like attention-seeking.

Unfortunately your failure to pay your debts is not a reason to refuse your application to stay in the United Kingdom.

Actually an intention not to pay debts is a general grounds for refusal for ilr, hence why I suggested to start a repayment plan now.

Hi Gurus,
Thanks for your advice, I'm going to pay my debt in full if I couldn't get it aside.
I am not after any attention, but worried about my application. Although it is not a criminal conviction, hence it is a civil judgment. And as the new law applies now, and even the CCJ can be taken into account when applying for ILR/PR/BC.
Have a look at the link. http://firstmigration.com/uk-visas/settlement-ilr

Changes to Indefinite Leave to Remain (ILR) rules on 6th April 2011...

From 6th April 2011, the UK Border Agency has changed the immigration rules for anyone applying for an Indefinite Leave to Remain visa (aka Permanent Residency).

There have been two types of changes:

Changes that affect all applicants that are applying for Indefinite Leave to Remain;

Changes that affect only those on a Tier 1, Tier 2 or Work Permit applying for ILR

Changes affecting all applicants
The following two changes affect everyone:

Criminal Convictions/Traffic Offenses/County Court Judgements (updated April 2013): In December 2012, the UK Border Agency amended the immigration rules for the hundredth time since 2010 in their concerted effort to stop migrants in the UK attaining Indefinite Leave to Remain. This particular change to the immigration rules saw the Rehabilitation of Offenders Act (1974) being removed and substantial case worker guidance being issued stating whether different issues clients face no longer enable them to qualify for ILR. Migrants in the UK MUST now always declare any legal issues they may have had whenever applying for any UK visa. The UKBA case workers will now always take into consideration any issues you have had with regard to the law (both civil and criminal) when deciding on whether to grant ILR or British Citizenship.

That's the reason, I'm worried.

Like I've already explained, the issue is, if you show no intention of paying debts. Hence why you need to start a repayment plan. There's nothing more that can be added.