Page 1 of 1
Conviction from Court and ILR
Posted: Tue Apr 06, 2021 11:50 pm
by mehreenadnan
Hello alI. I am in a dilemma and your little guidance will be very helpful.
My husband got 3 points from court for some tyre issues. This was 2011.
Our previous solicitors never declared these in past applications. We had four extensions on tier 4. Now his ILR is due. What to do now? Declare or not to declare? Nothing shows in SAR reports and PNC checks. And his CRB came clear 4 years back when he was applying for uber.
If we declare now, HO might open past applicants and we fall under deception.
What do you suggest.
Regards
Re: Conviction from Court and ILR
Posted: Tue Apr 06, 2021 11:58 pm
by CULLINAN
This criminal conviction is immaterial for ILR as this is not a recordable offence i.e. an offence when you can not be sent to prison plus this is older than 3 years anyways.
The ILR form does ask if you have had any criminal convictions in the past. However, this conviction will have no impact on the ILR application.
Declaring this conviction is not needed as its spent already, DVLA would have reinstated the points too.
But note, if your husband plans to apply for Naturalisation in the future, he must declare this in the AN form. No criminal conviction is considered spent for Naturalisation and must be declared. It will not affect Naturalisation application either.
Re: Conviction from Court and ILR
Posted: Wed Apr 07, 2021 5:51 am
by mehreenadnan
Sorry what is AN form?
While filling the application for ILR, in the criminal conviction section, i have makred No convictions.
If i write a small cover letter, will that be sufficient?
Also, what are the chances of the HO openeing past applications? As then the previous visas can be marked as taken by deception?
What is your opinion please?
Regards
Re: Conviction from Court and ILR
Posted: Wed Apr 07, 2021 9:49 am
by MYA
AN means (Adult Naturalisation) Form.
No need to mention anything in ILR form and there is no need to attach covering letter.
Re: Conviction from Court and ILR
Posted: Thu Apr 08, 2021 4:14 pm
by mehreenadnan
MYA wrote: ↑Wed Apr 07, 2021 9:49 am
AN means (Adult Naturalisation) Form.
No need to mention anything in ILR form and there is no need to attach covering letter.
Thank you. Sorry i have used this site for the 1st time. Are all the people answering here qualified solicitors? You know there are Facebook groups, where people give free advice. But anyone can give advice there. Who is the admin here?
Thank you for the previous replies
Re: Conviction from Court and ILR
Posted: Thu Apr 08, 2021 5:21 pm
by CR001
Are all the people answering here qualified solicitors?
No
You know there are Facebook groups, where people give free advice. But anyone can give advice there.
The forum members who offer advice are those who have taken the time to study the rules following their own immigration journeys.
Who is the admin here?
Why do you need to know? The site is moderated by Moderators, not the "admin" person based in Latvia.
Re: Conviction from Court and ILR
Posted: Sun Apr 11, 2021 10:37 am
by mehreenadnan
CR001 wrote: ↑Thu Apr 08, 2021 5:21 pm
Are all the people answering here qualified solicitors?
No
You know there are Facebook groups, where people give free advice. But anyone can give advice there.
The forum members who offer advice are those who have taken the time to study the rules following their own immigration journeys.
Who is the admin here?
Why do you need to know? The site is moderated by Moderators, not the "admin" person based in Latvia.
Thank you for all the information. Was just curious to know.