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ILR - Subject Access Request has impending prosecution

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).

This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ILR - Subject Access Request has impending prosecution

Post by laweee » Tue Jun 28, 2011 10:08 am

Hello guys,

Could you please advise me on what to do? First of all my immigration status:

HSMP - Feb 2007 to Mar 2009
Tier 1 - Mar 2009 to Feb 2012

I was stopped at a rail station in January 2011 for not having a valid ticket. I gave the inspector my details, and he told me that I was not being arrested. I got a letter the following week from the rail prosecution office asking me to confirm that I was indeed the person stopped by the inspector. I filled the form and sent it back to the rail office.

Now it's June and I still haven't heard from the rail office. I did a Subject
Access Request and it came back with an impending prosecution regarding the January incident. But I didn't get any letter from the rail station.

My question now is what would happen if I do not hear from the rail office before applying for my ILR in January next year, and I still have the impending prosecution on my PNC record? Do I have to mention it in my application? What are my chances of getting my ILR?

Your advice will be very appreciated. Thanks in advance

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Joined: Thu Mar 17, 2011 1:24 pm

Post by Struggler » Tue Jun 28, 2011 11:13 am

Since you have enough time for ILR, I would recommend that you chase this up with the rail prosecution office and sort it out. I am guessing you will have to pay a fine but you do not want anything pending on your file.

I am no expert but I think this is not a criminal offence so no problem with ILR. Google it to be sure.

Also not paying the fine could lead to criminal prosecution so try and sort it out asap. Do not wait for them to write to you.

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Post by laweee » Tue Jun 28, 2011 11:33 am

Thanks for your response. Yes, I was thinking of writing the rail prosecution office to implore them to settle the matter out court and pay the fine/admin charges. I'm going to do that ASAP.

Many thanks