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ILR refused because of unspent traffic offence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EEA-route section for queries about the EEA-route settled status under Appendix EU (EU settlement scheme)

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faisallt
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ILR refused because of unspent traffic offence

Post by faisallt » Tue Jun 25, 2013 7:46 am

I got my ILR refused yesterday, because of driving offence i had on june 2010. got a letter said I have unspent conviction which is not clear off till july 2015. My driving offence was of over speeding, which I got ban for 6 month till december 2010. CRB and SC clearance got clear with no unspent conviction, I was honest and told this in my application.

I know the rule has been changed now in 13th december 2012 that the spent period is of 2 years only, but I applied in september 2012, that's why got refused. My question is if I appeal against the decision or I have any other options?

I am professional living in the country with my wife and two children born in UK. girl is 3 years old and boy about 10 months. I am getting a solicitor to appeal the decision, do I have any other option to extend my leave further till july 2015? my original leave expired in october 2012, after I applied for ILR, my application took 10 months in processing.

Please give any advise

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Amber
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Re: ILR refused because of unspent traffic offence

Post by Amber » Tue Jun 25, 2013 7:49 am

faisallt wrote:I got my ILR refused yesterday, because of driving offence i had on june 2010. got a letter said I have unspent conviction which is not clear off till july 2015. My driving offence was of over speeding, which I got ban for 6 month till december 2010. CRB and SC clearance got clear with no unspent conviction, I was honest and told this in my application.

I know the rule has been changed now in 13th december 2012 that the spent period is of 2 years only, but I applied in september 2012, that's why got refused. My question is if I appeal against the decision or I have any other options?

I am professional living in the country with my wife and two children born in UK. girl is 3 years old and boy about 10 months. I am getting a solicitor to appeal the decision, do I have any other option to extend my leave further till july 2015? my original leave expired in october 2012, after I applied for ILR, my application took 10 months in processing.

Please give any advise
Why did you not seek advice prior to the application, you should have extended your stay until December and then applied for settlement. You need to look at a new application, your solicitor should advise you! You have a conviction which was not spent, thus, the decision was correct. What was your application based on? Private life/spouse visa?
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faisallt
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ILR refused because of unspent traffic offence

Post by faisallt » Tue Jun 25, 2013 8:11 am

I was on HSMP/Tier 1, could I still launch a new application now?

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Amber
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Re: ILR refused because of unspent traffic offence

Post by Amber » Tue Jun 25, 2013 8:31 am

faisallt wrote:I was on HSMP/Tier 1, could I still launch a new application now?
You should seek legal advice as you said you intended to.
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JohnM
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Post by JohnM » Thu Jun 27, 2013 8:07 am

What was the exact description of your offense? You mentioned speeding. You also mentioned unidentified driver. What does it mean? For speeding you usually get points / fines, especially if it's the first time and there were no accidents.

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Post by Amber » Thu Jun 27, 2013 9:42 am

JohnM wrote:What was the exact description of your offense? You mentioned speeding. You also mentioned unidentified driver. What does it mean? For speeding you usually get points / fines, especially if it's the first time and there were no accidents.
The OP got banned for 6 months and fined. It was a conviction that was not spent.
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