Tier 2 Dependent: LC20 & IN10

Post by **geriatrix** » Sat Aug 24, 2013 3:33 pm

D4109125 wrote: you indicated that the non-custodial conviction must be recorded on a person's criminal records.

I indicated so because, as per one of your earlier post I inferred that you were suggesting that "if you pay by post (admission of guilt out of court or out of court disposal), it is an admission of guilt, hence a conviction, and therefore you fall foul to the rule in question.

But according to the rule, when dealing with out of court disposal there must be a criminal record?

Anyways, in context of the subject of the topic and as quoted in the many examples above, it can be up to the police to issue a FPN or have the offence summonsed. From your point of view, any such summons is a conviction. From my knowledge and experience, it isn't. And if someone thinks it is, as you suggest, then it is a simple case of discrimination against the police .. that I strongly suggest one must pursue.

tier2ilr · Post by **tier2ilr** » Sat Aug 24, 2013 3:55 pm

Dear Guru

I just read this

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused

(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations
or the fact that he represents a threat to national security;

What you suggest now

as This appears to be the case of LEAVE TO REMAIN as my PBS dependent visa extension will be due on before 30th Sep 2015 while if i go to court for my case on 3rd of Sep,2013 & get convicted on same day then i will have a safe time of 25 days in 2015

is that right?

Please reply in relation to the link posted above as its in case of leave to remain.

Thanks

Pqek · Post by **Pqek** » Sat Aug 24, 2013 6:42 pm

I was on a similar situation than the OP with 2 speed violations while driving with international driver license.

I went to court and the outcome was that prosecutor dropped the case in one and I got a fine of £60 and 3 penalty points on my license.

I thought I could never get ILR until I found this board, luckily Amber was not part of the forum yet and I listened to people like Sushdmehta. Bottom line is my offense was treated as FPN and never got registered in the PNC as a criminal conviction despite going to court.

If you have the opportunity to seek legal advise, get it. I used legal aid in all my journey (with the exception of my BC application which I know it's straight forward, I will apply in October).

Good luck and don't give up on your dreams.

Post by **Amber** » Sat Aug 24, 2013 7:03 pm

Gladly, I'm thick skinned

Pqek · Post by **Pqek** » Sat Aug 24, 2013 11:42 pm

D4109125 wrote:Gladly, I'm thick skinned

Nothing personal, I read your posts every day and I think you do a great job on this forum. Just expressing respectfully my feelings.

tier2ilr · Post by **tier2ilr** » Mon Sep 09, 2013 5:42 pm

Dear Guru

I pleaded guilty by post with mitigation circumstances details.Court send me the Both parts of licence back without any further details.

What does it mean?As no other details attached ?

is there any chance that DVLA letter will arrive now or some other outcome?

Please respond ASAP

Regards

Post by **Amber** » Mon Sep 09, 2013 5:56 pm

Ring the court and ask.

tier2ilr · Post by **tier2ilr** » Mon Sep 09, 2013 6:08 pm

Dear D4109125

What is the usual procedure of court? do they send back licence to the offender or they send direct to DVLA?

May i consider myself clear from court as i received both parts back?

what do you think what could be the possibility of sending me back both parts with sentence written"Please find attached your Full driving licence"
with Compliments.

Regards

Post by **Amber** » Mon Sep 09, 2013 6:21 pm

It sounds promising but ring the Court in the morning and ask.

tier2ilr · Post by **tier2ilr** » Mon Sep 09, 2013 6:28 pm

Dear D4109125

Thanks a lot . you really helped me on this matter a lot.

I am double minded to call the court "as this might alert them" if anything still exist.

Regards

tier2ilr · Post by **tier2ilr** » Mon Sep 09, 2013 6:28 pm

Dear D4109125

Thanks a lot . you really helped me on this matter a lot.

I am double minded to call the court "as this might alert them" if anything still exist.

Regards

Post by **Amber** » Mon Sep 09, 2013 8:23 pm

You need to know what's happened.

tier2ilr · Post by **tier2ilr** » Tue Sep 10, 2013 3:46 pm

Hello Dearest D4109125 & other Guru's

Thanks a lot for your support You really gave good suggestions. Today called the court & i was informed by the lady that police has dropped the charge against me.
I pleaded guilty by post but i was informed that police dropped the charge against me.
Thanks God. i know how i spend almost 6 months.What proof you suggest me to ask from court to keep with me as a record that i may need in future to prove HO or others that i am no more offender.

Thanks a lot .

Post by **Amber** » Wed Sep 11, 2013 7:17 am

I think a clean paper counterpart of your driving licence should suffice. You can always ask the Court to send a letter stating charges dropped.

tier2ilr · Post by **tier2ilr** » Wed Sep 11, 2013 6:53 pm

I got the letter from court that charges are withdrawn.

Thanks GURU !

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Tier 2 Dependent: LC20 & IN10

Tier 2 Dependent: LC20 & IN10