Immigrationboards.com

after a long speculation about a year, i have got my ilr at solihull branch

i had 2 issues with my application

1. traffic offence with in10 and lc20, court imposed fine.
http://www.immigrationboards.com/viewto ... highlight=

2. 241 days ou of uk, of with 78 days trip out on a family emergency reason
http://www.immigrationboards.com/viewto ... highlight=

cw asked me first about my total out of uk days, i explained that i was out of uk for about 241 days and out of which i had to be for straight 78 days due to a family emergency.

then cw jumped to traffic offence.
cw asked me if i received the fine from court, i said yes but it was in a post.
then she asked me if it was a spent convition, then i said i wasnt quite sure about it, hence i requested pnc sar report and crb report, as both reports had a clear report on my name i assumed i dont have any criminal convicTions.

cw then said its a good thing that you checked, if the reports are clear then there shouldnt be any problem. she did go back a checked something between this.

finally my major 2 issues are accepted.

ilr granted!

then cw jumped to traffic offence.
cw asked me if i received the fine from court, i said yes but it was in a post.

Congrats for your successful ILR application.

Isnt the court conviction via post and court conviction with the person physically present in front of the judge same?? I mean both convictions will result in endorsement on the licence with "convicting court" detail. So I'm keen to know what the CW would have done f you said the conviction was not by post and you went to the court??

as long as it wont appear on crb check and pnc sar report one should consider it to clear of convictions

Issues: Driving/Motoring Offence - Went to court - pleaded guilty - paid £250 fine and 6 points.

Got ILR at Croydon. CW didn't ask a single question. Approved straight away.

sdas wrote:Issues: Driving/Motoring Offence - Went to court - pleaded guilty - paid £250 fine and 6 points.

Got ILR at Croydon. CW didn't ask a single question. Approved straight away.

What's was your date offence for IN10?

Gagan1986 wrote:

sdas wrote:Issues: Driving/Motoring Offence - Went to court - pleaded guilty - paid £250 fine and 6 points.

Got ILR at Croydon. CW didn't ask a single question. Approved straight away.

What's was your date offence for IN10?

Sep 2008

I would like to share the below information re general grounds for refusal:

This page explains how to consider an application for indefinite leave to remain if the applicant is convicted of a criminal offence.

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.

For information on how to consider applications where the applicant falls into one of the above groups, see related link: Sentence based thresholds.

Where an applicant for indefinite leave to remain has a relevant conviction as set out above, you must refuse the application under Paragraph 322 (1C).

sdas wrote:I would like to share the below information re general grounds for refusal:

This page explains how to consider an application for indefinite leave to remain if the applicant is convicted of a criminal offence.

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.

For information on how to consider applications where the applicant falls into one of the above groups, see related link: Sentence based thresholds.

Where an applicant for indefinite leave to remain has a relevant conviction as set out above, you must refuse the application under Paragraph 322 (1C).

Correct, 24 months rule apply. I had IN10 in Jan2010 and my ILR got approved last month with no questions asked.

My question are that

1- Did all of you mention on your application that you have criminal conviction ???

2- If it doesnt appear on crb or on the other report should we NOT tick that we had criminal conviction or We must have to have that Criminal Conviction box checked regardless it appears on crb and other report or not.?

Thanks

aneel_07 wrote:after a long speculation about a year, i have got my ilr at solihull branch

i had 2 issues with my application

1. traffic offence with in10 and lc20, court imposed fine.
http://www.immigrationboards.com/viewto ... highlight=

2. 241 days ou of uk, of with 78 days trip out on a family emergency reason
http://www.immigrationboards.com/viewto ... highlight=

cw asked me first about my total out of uk days, i explained that i was out of uk for about 241 days and out of which i had to be for straight 78 days due to a family emergency.

then cw jumped to traffic offence.
cw asked me if i received the fine from court, i said yes but it was in a post.
then she asked me if it was a spent convition, then i said i wasnt quite sure about it, hence i requested pnc sar report and crb report, as both reports had a clear report on my name i assumed i dont have any criminal convicTions.

cw then said its a good thing that you checked, if the reports are clear then there shouldnt be any problem. she did go back a checked something between this.

finally my major 2 issues are accepted.

ilr granted!

Congrats mate!

Regarding your absence of 78 days..were you employed at that time? Did u submit any proof to the case worker.

thanks

If it doesnt appear on crb or on the other report should we NOT tick that we had criminal conviction or We must have to have that Criminal Conviction box checked regardless it appears on crb and other report or not.?

Some consider this a gray area. I'm very clear on it though - if you have a conviction, you must disclose it regardless of whether it shows up or not on CRB. The penalties for non-disclosure can be very heavy. Remember a basic CRB will not show everything an enhanced CRB would. Additionally, remember its UKBA (actually Home Office now) you're dealing with (a government enforcement agency with access to lord knows how many nasty databases) and not the cashier at your local Tesco.

reabs wrote:

If it doesnt appear on crb or on the other report should we NOT tick that we had criminal conviction or We must have to have that Criminal Conviction box checked regardless it appears on crb and other report or not.?

Some consider this a gray area. I'm very clear on it though - if you have a conviction, you must disclose it regardless of whether it shows up or not on CRB. The penalties for non-disclosure can be very heavy. Remember a basic CRB will not show everything an enhanced CRB would. Additionally, remember its UKBA (actually Home Office now) you're dealing with (a government enforcement agency with access to lord knows how many nasty databases) and not the cashier at your local Tesco.

Rather than a basic CRB check the applicant should use a SAR to check for all information held on the PNC which ought to show all relevant information. However, if the applicant has a conviction regardless of its visibility on the PNC it should be declared and providing you do not exceed the criminality threshold your application should succeed.

kais wrote:My question are that

1- Did all of you mention on your application that you have criminal conviction ???

2- If it doesnt appear on crb or on the other report should we NOT tick that we had criminal conviction or We must have to have that Criminal Conviction box checked regardless it appears on crb and other report or not.?

Thanks

What conviction did you receive and when did you receive it?

syed_ILR wrote:

aneel_07 wrote:after a long speculation about a year, i have got my ilr at solihull branch

i had 2 issues with my application

1. traffic offence with in10 and lc20, court imposed fine.
http://www.immigrationboards.com/viewto ... highlight=

2. 241 days ou of uk, of with 78 days trip out on a family emergency reason
http://www.immigrationboards.com/viewto ... highlight=

cw asked me first about my total out of uk days, i explained that i was out of uk for about 241 days and out of which i had to be for straight 78 days due to a family emergency.

then cw jumped to traffic offence.
cw asked me if i received the fine from court, i said yes but it was in a post.
then she asked me if it was a spent convition, then i said i wasnt quite sure about it, hence i requested pnc sar report and crb report, as both reports had a clear report on my name i assumed i dont have any criminal convicTions.

cw then said its a good thing that you checked, if the reports are clear then there shouldnt be any problem. she did go back a checked something between this.

finally my major 2 issues are accepted.

ilr granted!

Congrats mate!

Regarding your absence of 78 days..were you employed at that time? Did u submit any proof to the case worker.

thanks

YES I was employed, I had taken all the documentation between me and my company emails etc, but they didn't check it.

Congrats mate.. i am in same boat as your in the absence. Did you provide any evidence on the family emergency? or just a letter stating family emergency... pls advise...

aneel_07 wrote:after a long speculation about a year, i have got my ilr at solihull branch

i had 2 issues with my application

1. traffic offence with in10 and lc20, court imposed fine.
http://www.immigrationboards.com/viewto ... highlight=

2. 241 days ou of uk, of with 78 days trip out on a family emergency reason
http://www.immigrationboards.com/viewto ... highlight=

cw asked me first about my total out of uk days, i explained that i was out of uk for about 241 days and out of which i had to be for straight 78 days due to a family emergency.

then cw jumped to traffic offence.
cw asked me if i received the fine from court, i said yes but it was in a post.
then she asked me if it was a spent convition, then i said i wasnt quite sure about it, hence i requested pnc sar report and crb report, as both reports had a clear report on my name i assumed i dont have any criminal convicTions.

cw then said its a good thing that you checked, if the reports are clear then there shouldnt be any problem. she did go back a checked something between this.

finally my major 2 issues are accepted.

ilr granted!

ya provided all the necessary evidence, like doctors letter, medical reports erc

Has anyone on here got successful with their ILR with a traffic offence?