Immigrationboards.com

[friend12345]

Hi everyone,

I am in a very confusing situation at the moment, I got my ILR on 28 Feb 2011 and now I want to apply for BC, I went to to the local council because I want to use NCS for my application and the woman there told me that as I had traffic offence in July 2008 for driving on International licence ( LC 20 ), I need to wait till the conviction is spent which is july 2013, now the confusion is when I went to PEO for ILR, the case worker said the same thing as I declared it on my application and also mentioned that all endorsements are removed from my licence, he asked if I went to the court, I said I dont remember then he said that they will do their checks and if anything pops up then they will not take my ILR application and then I will have to apply for FLR ( M ) extension till the conviction is spent.
He asked me to wait 10-15 mins till they do their checks, the after 10 mins he called me again and said we have done our checks and everything is fine, we are going to process your application. And after an hour I got my passport with ILR stamped on it.

Now my questions are:

1: Should I declare that offence in the AN form? as CW at PEO said everything is clear.
2: If I do declare it on the application form are they going to refuse my application saying I have an unspent conviction, I dont even know if it is a conviction or not as all International licence cases are dealt by the court anyway.
I read following on the HO website too:

3.1.2 Caseworkers should normally refuse an individual who has
an unspent conviction, however there is discretion to
overlook some minor one-off offences. Please see criteria
in paragraphs 3.2.2 – 3.2.4 for further details.
3.2.2 Where the applicant is of good character in all other
respects caseworkers should normally be prepared to
overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these
fines are not classed as convictions and as such do
not attract a spent period
3.2.5 Caseworkers should not normally disregard any unspent
conviction that falls into the following categories
irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (e.g. theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – e.g.
drink-driving, excessive speeding, driving without
tax/insurance or whilst using a mobile phone. (NB
Caseworkers should remember that fixed penalty
notices do not constitute offences – see 3.2.2.e
above).
f. Offences involving a serious deliberate criminal act
that do not fit into points a) to d) above e.g. arson.

Any help will be greatly appreciated.

[Smallfamily]

Yes u must declare it

if you went to court which is very likely because driving on international licence is considered to be serious so they always send court summons...then yes they will refuse ur appliaction. You must wait until it gets spent.

If you didn't had to go to the court which is very unlikely and you gave fine etc then u should be fine for ur application.

To be honest it is not possible that you can't remember whether you been the court or not

[friend12345]

[Smallfamily]

[friend12345]

This is normal, you get summons and then you plead guilty during court proceeding... they don't prosecute you anyway...

But to be honest, not sure how come they gave u ILR. You should wait as what you have told us from that you still have conviction so u should wait to be on a safe side... u may lose ur application fee! But at end of the day its ur decision.[/quote]
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes

[ayshab]

hi
Im in a bit of dilemma .wonder if anyone can help me.

I got an ILR in April 2009 and i had a traffic offence in august 2008 and was convicted in court in jan 2009( in my absenceas i sent a GP letter that i cant travel), an IN 10 n 6 points on my license. I declared it when i applied for my ILR and got it stamped without any problem. Now because im long due to apply for my naturalization, i hear diferentf stories that i shud wait till my conviction is spent i-e till jan 2013 or that i can apply as i got the ILR with an IN10 on my profile.

Ive let me whole family apply for naturalization and they have got their passports now.

my question is:-

ill be now applying under a spouse of british national. what chances do i have to get it ? or

shud i wait till 2013 after spending my conviction?

MAny thanks

[Smallfamily]

[Smallfamily]

[friend12345]

[Smallfamily]

[oshoo15]

friend12345

See criminality requirement for settlement below. (6 Apr 2011 onwards)

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/

I believe you applied for ILR before 6 Apr 2011, and your success wasn't an error! However, unspent convictions has always been RELEVANT for BC.
I do agree with Smallfamily.
Only sharing my understanding, nevertheless, you will have to decide what you do. You may be willing to gamble naturalisation fee.

[friend12345]

[friend12345]

[londonfemale]

Could you tell us how much fine and points were given?

[friend12345]

[addh]

[londonfemale]

@friend12345
I think you will be fine .We applied with 3 points and £60 fine issued in court and got approval in just under 5 weeks time back in january.We were advised by NCS that they don't think he will be refused for such a small conviction and they think we should go ahead with the application but still leaft the decision on us. So, we applied through Ncs and I think you should do the same if you don't want to wait and not much worried about money.Try another Ncs services they might be ok to forward your application.

[friend12345]

[ayshab]

[friend12345]