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ILR refused. chances of winning appeal?? Urgent pls..

Posted: Thu Nov 17, 2011 8:58 am
by Ashreen
Hi Team,

My husband is on WP and we had submitted our ILR application in June '11 (PEO).. We've now received a refusal letter giving drink n driving as the reason..

My husband did have an issue 2 1/2 yrs back, was suspended from driving, BUT WAS NOT for drink n driving.. He was using his international license, din't notice that expired, was suspended for 18 months, with a fine of £300 or 400 and confiscation of license.. At the end of 18 months, we received a letter from the court saying that the conviction is spent and the license was returned.. We did not mention this in the ILR application form because of just this reason ''spent convictions need not be mentioned''..

I do not know if there are chances of winning the appeal.. Pls respond.. Thanks..

Posted: Thu Nov 17, 2011 9:07 am
by farah
It means that you people applied at PEO in June 2011 however decision was not made and after 5 months your case has been rejected with right of appeal.

If conviction stood spent than you must file appeal.

Re: ILR refused. chances of winning appeal?? Urgent pls..

Posted: Thu Nov 17, 2011 4:07 pm
by geriatrix
Ashreen wrote:we received a letter from the court saying that the conviction is spent
Do courts issue letters to the convicted when their conviction(s) become(s) spent? AFAIK, no - but this may have been an exception because of use of International driving licence.

What was the offence code your husband was issued?

Posted: Thu Nov 17, 2011 4:16 pm
by ilrdec11
That means that you did not mention the application and police found it. is that true?

I think your conviction was recorded on Police national computer.

Apply basic CRB check through disclosurescotland and checks if this showing in the CRB or not.

Posted: Thu Nov 17, 2011 4:20 pm
by ilrdec11
I am thinking driving bans will be recorded in Police national computer.
how do you think you conviction is spent ? which date are you convicted in court?

Posted: Thu Nov 17, 2011 4:51 pm
by jami
It appears that:
-Drink n driving was one of charge.
-For which he was suspended from driving for 18 months.
-Court merely wrote that "suspension" has been spent (not the conviction) and returned the international driving permit.

Conviction has not been spent - No chance of appeal.

Why not to report full facts atleast at this forum if these were missed in SET(O)?