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need help for ILR application as i got 3 points on my Licenc

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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smartyking
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need help for ILR application as i got 3 points on my Licenc

Post by smartyking » Sat Mar 02, 2013 4:15 pm

Guys i need some help please,can anyone tell me about this that I have stopped by the police,was riding my motorbike on 31st of january 2011,because my brake light was defective ,so after this court send me letter to my old address where i was not living about the fine and 3 points,and i didn't have that address on my DVLA as well,when i changed my address on DVLA to the current address,I then recieved letter from court of additional fine ,and they asked me to turn up to any MEGISTRATE COURT and give them the valid reason of not filling up the fine ,which I did and they waived off the additional fine,but i still had to pay actual fine which was £360.Now as you can tell it wasn't a criminal coffence ,but a traffic offence which i have called to DVLA and confirmed from them as well.and i got MARRIED in june 2011 and got SPOUSE visa in july 2011 ,now my ILR is due in coming july ,in this condition will I be able to get ILR or GOD forbid they will refuse it?????????when i have got 3 points on my licence ???

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Amber
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Re: need help for ILR application as i got 3 points on my Li

Post by Amber » Sat Mar 02, 2013 6:20 pm

smartyking wrote:Guys i need some help please,can anyone tell me about this that I have stopped by the police,was riding my motorbike on 31st of january 2011,because my brake light was defective ,so after this court send me letter to my old address where i was not living about the fine and 3 points,and i didn't have that address on my DVLA as well,when i changed my address on DVLA to the current address,I then recieved letter from court of additional fine ,and they asked me to turn up to any MEGISTRATE COURT and give them the valid reason of not filling up the fine ,which I did and they waived off the additional fine,but i still had to pay actual fine which was £360.Now as you can tell it wasn't a criminal coffence ,but a traffic offence which i have called to DVLA and confirmed from them as well.and i got MARRIED in june 2011 and got SPOUSE visa in july 2011 ,now my ILR is due in coming july ,in this condition will I be able to get ILR or GOD forbid they will refuse it?????????when i have got 3 points on my licence ???
You're not very clear. Did the court issue the fine and points, if do when? Have you requested a disclosure Scotland certificate to see if you having convictions recorded? You could also do a SAR request from the police for pnc data. However, if the court issued the fine and Points if will be on a disclosure Scotland certificate a basic check shows unspent convictions.

JohnM
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Post by JohnM » Sun Mar 03, 2013 8:49 am

Disclosure Scotland is no very reliable for doing criminal record check. They often list traffic offenses but it's not criminal record.

Better order SAR or ACRO police certificate. It should not be recorded.

Search this forum for previous messages about it. Mine too.

I don't think they refuse it. But better prepare your application well and if you worry, why not hire good solicitor, just in case. It should not be a problem but solicitor may help avoid any rough misinterpretations, etc.

smartyking
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D4109125

Post by smartyking » Sun Mar 03, 2013 12:51 pm

yes court did issue me 3 points and £360 fine,which i have paid,and I have been stopped by police on 31st of january 2011,n asked DVLA about it that when did my this offence period started which they said is from 31st of january 2011,even though I have paid fine in july 2011...now I have asked DVLA about it that if it is a criminal offence or traffic offence?they told me this isn't a criminal offence but a traffic offence.

smartyking
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Re: D4109125

Post by smartyking » Sun Mar 03, 2013 12:51 pm

smartyking wrote:yes court did issue me 3 points and £360 fine,which i have paid,and I have been stopped by police on 31st of january 2011,n asked DVLA about it that when did my this offence period started which they said is from 31st of january 2011,even though I have paid fine in july 2011...now I have asked DVLA about it that if it is a criminal offence or traffic offence?they told me this isn't a criminal offence but a traffic offence.

smartyking
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JohnM

Post by smartyking » Sun Mar 03, 2013 1:26 pm

iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

I have seen this on UKBA website in section 321 ,according to this i am over 24 months now,and i have done my CRB as well which is clear..
what do u say in this situation JohnM?as 24 months are done this year on 31st of feb,and I am going to apply ILR in coming july?

smartyking
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JohnM

Post by smartyking » Sun Mar 03, 2013 1:33 pm

Refusal of leave to remain, variation of leave to enter or remain or curtailment of leave
322. In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for leave to remain, variation of leave to enter or remain or, where appropriate, the curtailment of leave:

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

(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.

(1B) the applicant is, at the date of application, the subject of a deportation order or a decision to make a deportation order;

(1C) where the person is seeking indefinite leave to enter or remain:

(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record

JohnM
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Post by JohnM » Mon Mar 04, 2013 1:04 am

Chill out man

Even if they refuse, you will have right of appeal, it would cover your time until it is over 24 months.

I don't think you will need it but if worse comes to worse you will be fine anyway cause you will stay legally beyond 24 months after traffic crap.

So just apply and if they refuse appeal. Then 24 months will pass anyway.

So chill out man. You will get your ILR very soon anyways.

Gagan1986
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Post by Gagan1986 » Mon Mar 04, 2013 8:10 am

When you will fill out your form, disclose this offence and put date of offence as 31st Jan and you will be fine. You already have passed 24 month period

smartyking
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to JohnM and gagan1986

Post by smartyking » Mon Mar 04, 2013 3:50 pm

thax guys for your support :)

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