Page 1 of 1

New criminality thresdhold 13 december 2012

Posted: Wed Feb 13, 2013 11:56 pm
by aamir421
I am eligible to apply for ILR in june 2013. I was caught driving without insurance in Feb 2007. got 6 points and 200 pounds fine. Since 5 years have been passed points have been removed. Then in feb 2011 I was received a Caution from police for Texting some one i didnt know. this was based on Malicious communication Act 1988. Its a minor thing. under the new rules on criminality threshold 13 December 2012 non custodial sentence will be considered spent after 24 months. Do u think i will have any problem in my ILR application since 24 months have been passed in Feb 2012.

Do I need to declare these two offences in my application.

Re: New criminality thresdhold 13 december 2012

Posted: Wed Feb 13, 2013 11:58 pm
by Gagan1986
aamir421 wrote:I am eligible to apply for ILR in june 2013. I was caught driving without insurance in Feb 2007. got 6 points and 200 pounds fine. Since 5 years have been passed points have been removed. Then in feb 2011 I was received a Caution from police for Texting some one i didnt know. this was based on Malicious communication Act 1988. Its a minor thing. under the new rules on criminality threshold 13 December 2012 non custodial sentence will be considered spent after 24 months. Do u think i will have any problem in my ILR application since 24 months have been passed in Feb 2012.

Do I need to declare these two offences in my application.
I believe you mean 2 years passed in Feb 2013?

Declare both on the offences on the form but you won't have any issues as 24 months would have passed at the time of application

Re: New criminality thresdhold 13 december 2012

Posted: Thu Feb 14, 2013 12:14 am
by aamir421
thanks for yr advice. i was realy stressed. yes 2 years will be passed this month in feb 2013 and i will apply in june 2013



Gagan1986 wrote:
aamir421 wrote:I am eligible to apply for ILR in june 2013. I was caught driving without insurance in Feb 2007. got 6 points and 200 pounds fine. Since 5 years have been passed points have been removed. Then in feb 2011 I was received a Caution from police for Texting some one i didnt know. this was based on Malicious communication Act 1988. Its a minor thing. under the new rules on criminality threshold 13 December 2012 non custodial sentence will be considered spent after 24 months. Do u think i will have any problem in my ILR application since 24 months have been passed in Feb 2012.

Do I need to declare these two offences in my application.
I believe you mean 2 years passed in Feb 2013?

Declare both on the offences on the form but you won't have any issues as 24 months would have passed at the time of application

Re: New criminality thresdhold 13 december 2012

Posted: Thu Feb 14, 2013 12:18 am
by aamir421
Can you please comment whether it still comes under descrestionary refusal??as if 24 months have not passed then its mandatory refusal.
aamir421 wrote:thanks for yr advice. i was realy stressed. yes 2 years will be passed this month in feb 2013 and i will apply in june 2013



Gagan1986 wrote:
aamir421 wrote:I am eligible to apply for ILR in june 2013. I was caught driving without insurance in Feb 2007. got 6 points and 200 pounds fine. Since 5 years have been passed points have been removed. Then in feb 2011 I was received a Caution from police for Texting some one i didnt know. this was based on Malicious communication Act 1988. Its a minor thing. under the new rules on criminality threshold 13 December 2012 non custodial sentence will be considered spent after 24 months. Do u think i will have any problem in my ILR application since 24 months have been passed in Feb 2012.

Do I need to declare these two offences in my application.
I believe you mean 2 years passed in Feb 2013?

Declare both on the offences on the form but you won't have any issues as 24 months would have passed at the time of application

Posted: Thu Feb 14, 2013 1:08 am
by Obie
It will not be refused if 2 years has elapsed.

Please stop opening multiple thread. It is such a pain for me and my colleagues to go around locking them.

sorry

Posted: Thu Feb 14, 2013 8:04 am
by aamir421
sorry for multiple post. it happened by mistake

Re: sorry

Posted: Thu Feb 14, 2013 8:20 am
by Gagan1986
aamir421 wrote:sorry for multiple post. it happened by mistake
A mentioned earlier, you have nothing to worry about. Multiple posts just makes everyone's job more difficult as we all end up wasting time reading the post which had already been replied to. Good luck