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I had a car accident in September 2007 and was convicted in February 2008 by a Magistrate court. I was given 6 points on my driving licence and a £310 fine which was paid. The 5 years for Rehabilitation finish in February 2013 and hence I was not actually eligible for my ILR.

I decided to do 2 background checks: -
Scotland Disclosures check £25 ( http://www.disclosurescotland.co.uk/) [2-3 Weeks]
ACRO - Subject Access (picked up a form from a local police station) and sent it to the address mentioned along with a £10 cheque. This checks the Police National Computer database [2-3 Weeks]

Both checks came clear with no records against my name.

Filled in the SET (O) application and did mention about my conviction on the ILR form. Booked an appointment at Solihull and the interviewer did ask me about my conviction and said it is best to wait until the rehabilitation period. But after seeing my 2 certificates (scotland Disclosures and ACRO - Subject Access) he said it should come clear as they do a similar check (he was pointing towards ACRO) but it is all at my own risk.

I know £1377 is a lot of money but I took my risks and thank GOD that everything sailed through.

This message is for all those people who are worried about their visa if they have a conviction. Hope it helps.

Lastly I would like to thank all the people who have previously posted messages about convictions and have helped me decide on taking my application further.

Best Regards.

tanveerym

Congratulations!!

I know £1377 is a lot of money but I took my risks

Does Solihull process the payment after making the decision or before? I thought at solihull PEO if the caseworker decides not to approve your application then you need not pay?

Cheers

You go to your interviewer first. He will check all your documents visually, then he will ask to go and pay at the cashier.

Only after that they will do all the background checks like Convictions, verification of your documents if they feel the need to do so and any other checks. This is done behind the scenes until you wait in the reception area for your decision.

So in a nutshell, you can still be declined after the initial interviewer assessment.

Hi tanveerym

First of all heartiest congratulations on getting your ILR and really thanks a lot for sharing your PEO experience on the forum.

Mate to be honest with you its a great help for us and specially a member like me probably its a great help I never been convicted to give you a bit more of a background about my story please follow the link below.

http://www.immigrationboards.com/viewtopic.php?t=102595

I'll be applying for my ILR hopefully by this Sep 2012 if I'll still remain alive from the sleep less nights due to my worries and I am also intending to go to Solihull.

Lets see how it goes for my self fingers cross.

Thanks a lot for sharing your PEO experience on the forum.

Good luck for your future.

You go to your interviewer first. He will check all your documents visually, then he will ask to go and pay at the cashier.

Thanks mate, your case will give hope for lot of people with traffic offence(conviction through court).

There is no need to "hope". Just check databases which he suggested.

JohnM wrote:There is no need to "hope". Just check databases which he suggested.

Well, No where in UKBA's guidance it is mentioned that, one will be granted ILR when the applicant has clear certificates from CRB/Scotland disclosure/ACRO though he/she has unspent conviction.

I "hope" you understand UKBA's decision is final and what you or me think may be wrong.

DayDream wrote:Well, No where in UKBA's guidance it is mentioned that, one will be granted ILR when the applicant has clear certificates from CRB/Scotland disclosure/ACRO though he/she has unspent conviction.

Umm... then you need to understand what the new criminality threshold really means, and what the requirement actually is.

I am in a similar situation. The judge awarded me 4 points and 400 fine for speeding. I have applied for the two checks mentioned above however I have not received any of them yet. I am hoping that I will receive at least one of them by the end of this week but will attend the appointment regardless. My appointment is on 23rd at Solihull PEO.

I have read lots of information around this and have not seen anyone getting refused for this reason. Unless someone correct me : ).

zishi wrote:I am in a similar situation. The judge awarded me 4 points and 400 fine for speeding. I have applied for the two checks mentioned above however I have not received any of them yet. I am hoping that I will receive at least one of them by the end of this week but will attend the appointment regardless. My appointment is on 23rd at Solihull PEO.

I have read lots of information around this and have not seen anyone getting refused for this reason. Unless someone correct me : ).

Well in my case, the case worker clearly mentioned that if you have a conviction then UKBA have the rights to refuse it. So if i was you, then I would wait until the checks come clear. Atleast you are not taking a bigger risk then.

tanveerym wrote:the case worker clearly mentioned that if you have a conviction then UKBA have the rights to refuse it.

It is not a conviction that leads to a refusal .... but "unspent conviction". That's the key!

hello taneerym and congratulations on you ilr given.
I am in a similar situation with unspent conviction but as you did i applied to Police National Computer, Subject Access Request and it came back all clear.i also consulted NACRO the criminal charity org and was advised that i need not say yes to having a criminal conviction.
But on reading yours now,im a bit unsure of what is best to do.what do you think pls?

UKBA case workers cannot use their discretion to just refuse anything. they have to work on the case accordingly to the guidelines they are provided. so if someone has 3 points for SP30 lets say, without court involving in it, then they CANNOT refuse it as they are going against the guidelines and the criminality threshold criteria.

its not like they had a bad night last night and they come and take anger on someone.