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General query regarding criminality requirements

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Polat
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General query regarding criminality requirements

Post by Polat » Sat Jun 04, 2011 11:16 am

hello there,

As per the new requirements for the ILR the candidate should be free of any unspent convictions and in addition to that he shouldn't has any mutiple FPN when he submits for ILR...
this regulations have been introduced in april 2011...
most of people submitting for ILR now they have been in this country since at least 2006 and before ... so at the time when they entered this country the regulations were different ...
so lets say that some one has got 6 points in 2010 (2 FPN), as per law he still can drive and no any convictions made against him ...
but as per ILR rules and cuz of traffic offences he will lose 5 years or maybe more from his life becuase of retrospectively laws !!! is that fair ??
if any person will face such situation is there any hope that he goes to appeal in court or what ??
to be honest my work required me to have a car .. and to drive a car 10 hours a days during work .. so I'm very exposed to get traffic offences ... which is normal in any country in the world .. and because of this you will lose ur right to settle in a country where u working in it for at least 5 years lawfully paying taxes and NI and every thing ...
can any senior member advice to this please or give opinions ...

geriatrix
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Re: General query regarding criminality requirements

Post by geriatrix » Sat Jun 04, 2011 12:07 pm

Polat wrote:so lets say that some one has got 6 points in 2010 (2 FPN), as per law he still can drive and no any convictions made against him ...
but as per ILR rules and cuz of traffic offences he will lose 5 years or maybe more from his life becuase of retrospectively laws
No, provided the FPN(s) have not led to a "conviction" he just needs to wait until such time that he has no more than 1 FPN in the 12 months preceding the settlement application.
Last edited by geriatrix on Sat Jun 04, 2011 12:41 pm, edited 1 time in total.
Life isn't fair, but you can be!

Polat
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Posts: 56
Joined: Fri Jun 03, 2011 9:38 am

Post by Polat » Sat Jun 04, 2011 12:28 pm

what if a person has a work permit and its due to finish .. and it is not possible to issue another work permit specially after new rules in issuing permit or tier 2 at t he moment... also after this economic situation which pushs some companies even to sack some people to survive...
I can understand new rules if they will be applied for people coming to UK after April 2011 ... but before that they should treate them as per the existing laws were valied in the time they lived in the country most of their period .. not a law introduced just few months before their application ...
maybe my opinion is wrong but i dont see it is fair really

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