Urgent - ILR Application + Drink Driving Ban + Fine --- Help

MrNorthStar · Post by **MrNorthStar** » Fri Oct 02, 2009 12:04 am

I am applying for Indefinite Leave to Remain (ILR) in person at the end of this month 30/10/2009.
My application is based on Work Permit + HSMP (Fall under Judicial Review) + Tier 1 (General).
Time on working visas - September 2003 - Till Date.

Here's my major concern for Drink Driving Conviction:
I got a 9 months driving ban (reduced from 12 to 9 after attending the course) and a Â£290 fine in 2008.
Completed the course (ban was reduced), served the driving disqualification and also cleared the fine by April 2009.
So nothing is pending and also got my driving licence back in April 2009.

I know it was my fault and am extremely remorseful on that till date. But please guide me.

While I was filling out the ILR SET(0) form I came across section 7 in which one has to mention any criminal convictions (including traffic offenses).
Read the relevant sections in Rehabilitation of Offenders Act 1974. According to the Rehabilitation of Offenders Act 1974, you don't have to declare spent convictions.

I am getting confused from what I read on various forum posts and am not sure.
When will the driving disqualification + fine become spent conviction?

While filling out the ILR SET(0) form I want to be honest from the start, but don't want to mention things like these if I don't have to.

Members in your opinion should I apply or not?
And any thoughts on how HO will consider my application?
Are there any examples of successful applications?

Please do help me and guide me as soon as possible.

Appreciate any help provided

Thanks for reading.

alexsh1 · Post by **alexsh1** » Fri Oct 02, 2009 10:27 am

Personally, you would mention this. However, did you read the notes for ILR? What does it say?

shivuu006 · Post by **shivuu006** » Fri Oct 02, 2009 10:32 am

there is no harm in mentioning this. as you already spent the conviction it is better if you declare it in the application. they are not going to declare an application for this. a collegue of mine was in a similar situation and got ilr without any issues

IMBerocca · Post by **IMBerocca** » Fri Oct 02, 2009 11:45 am

Two Cases :

Case 1:
If you don't mention and they find out - permanent ban ( I know someone who did this, his application was refused and can't apply for any other visa for 1 year )

Case 2:
You declare that in the form. It would have NO negative affect on your application.

I think you must declare it, without worry.

MrNorthStar · Post by **MrNorthStar** » Sun Oct 04, 2009 12:13 pm

Hi All,

I have been asking this same question around to plenty of people and all of asked to mention it.

I will mention it without a doubt, made up my mind on that.

Now further to this the confusion is
- What documents should be provided along with?
- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.
It would be a great help if I can communicate to the person and find out for sure what I am going to face and what I need to be prepared with.

Shivuu006, please can you be kind enough to give me more details.

Alexsh1, I did read the notes and it says you have to mention any unspent convictions. I personally don't know when my conviction would become spend because there are mixed guides. Irrespective I will mention it as there will be honesty in mentioning it.

Thanks for your help so far members, please do guide me further and will keep you posted.

shivuu006 · Post by **shivuu006** » Mon Oct 05, 2009 2:18 am

Hi

In the application form mention the details like date on which you received the ban, court verdict etc and any reference numbers. I guess you will have some documents related to this. Attach them. I am not sure what are they but a notice letter from police etc.Write about the case in detail in application form. I think you should say yes to section 7A and fill the details under it

Hope this helps

nksg · Post by **nksg** » Mon Oct 05, 2009 9:45 am

I would add with Sivu,

- What documents should be provided along with?

Your license counterpart should be fine.

- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.

I have been through this.. and got the T1 approval just by declaration on the form. I have a colleague who got ILR 2 months after the ban was over. He declared it on the form as well.

This conviction is spent after 5 years..

MrNorthStar wrote:Hi All,

I have been asking this same question around to plenty of people and all of asked to mention it.

I will mention it without a doubt, made up my mind on that.

Now further to this the confusion is
- What documents should be provided along with?
- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.
It would be a great help if I can communicate to the person and find out for sure what I am going to face and what I need to be prepared with.

Shivuu006, please can you be kind enough to give me more details.

Alexsh1, I did read the notes and it says you have to mention any unspent convictions. I personally don't know when my conviction would become spend because there are mixed guides. Irrespective I will mention it as there will be honesty in mentioning it.

Thanks for your help so far members, please do guide me further and will keep you posted.

pahini · Post by **pahini** » Mon Oct 05, 2009 8:35 pm

Hello

I would suggest to send email to following , explain ur details and attach their reply with ur application to get more clarity on the situation.

wpcustomers@ind.homeoffice.gsi.gov.uk

wpcustomers@ukba.gsi.gov.uk,

All the best

MrNorthStar · Post by **MrNorthStar** » Tue Oct 06, 2009 5:22 pm

Once again thanks all for guiding me and giving me support so far.

Pahini,
Thanks I will send the email as suggested and hopefully should get some reply back. Will keep you and other members posted.

Nksg,
Please can you tell me when did you get your T1?
And when did your colleague got his/her ILR ? Was it recently?
Please can you be kind enough to share the experience of your colleague if he/she went in person for the ILR application?
Much appreciate your help so far. You posting has given me bit more confidence and hope.

Shivuu,
Once again thanks for the contribution. I have managed to gather almost all the correspondence that I have had with the court and other organisations.

Please do continue to help formities.

Thanks again. All your help is well appreciated.

massatuf · Post by **massatuf** » Wed Oct 07, 2009 1:47 pm

Just for the record under rehab of offenders you still have to mention you offence for the next 5 years because of the fine.

manwithsunshine · Post by **manwithsunshine** » Wed Oct 07, 2009 11:26 pm

Hi nksg,
could you tell me whats T1?
Is that temporary residence or temporary citizenship,
I am also work permit holder, living in uk for 4 years 6 months. another six more months to apply ILR.
since I have three speeding offences and 9 points in my licence I am worried, whether it will affect my ILR.
I have paid fine for it. there is another offence also for which i have to attend the court on 16th of this month.
Its likely I will get 6 months disqualification since i already have 9 points.
Attorney from swindon said if its mentioned in your counter part licence as conviction and fine, then that will definitely affect your application.
for that you have to address the situation and fight against it.
they have helped many people in thes kind of issues.
Please guide me how u dealt with it.
I am not in position to spend money in this regards to solictors which will cost 1000s.
Also You have mentioned spent time for conviction 5 years
can i apply for the ILR before the conviction spent.
I have gone through the citizenshipm quidelines, where its says in 21st column spent time for driving disqualification is till the end of disqualification and spent time for fine and community service 5 years This guide lines will be same for the ILR as well?
If yes which category i will fit? in fine conviction or in disqualification conviction.
please do help me
Thanks

nksg wrote:I would add with Sivu,

- What documents should be provided along with?

Your license counterpart should be fine.

- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.

I have been through this.. and got the T1 approval just by declaration on the form. I have a colleague who got ILR 2 months after the ban was over. He declared it on the form as well.

This conviction is spent after 5 years..

MrNorthStar wrote:Hi All,

I have been asking this same question around to plenty of people and all of asked to mention it.

I will mention it without a doubt, made up my mind on that.

Now further to this the confusion is
- What documents should be provided along with?
- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.
It would be a great help if I can communicate to the person and find out for sure what I am going to face and what I need to be prepared with.

Shivuu006, please can you be kind enough to give me more details.

Alexsh1, I did read the notes and it says you have to mention any unspent convictions. I personally don't know when my conviction would become spend because there are mixed guides. Irrespective I will mention it as there will be honesty in mentioning it.

Thanks for your help so far members, please do guide me further and will keep you posted.

The Station Agent · Post by **The Station Agent** » Thu Oct 08, 2009 2:24 pm

As far as I am aware the Rehabilitation Act states that any fine or sentence not mentioned specifically the Act has a 5 year time limit before it can be considered spent. By that I think you should mention it. This will not necessarily be a bar to you getting ILR, unless others on here have specific information to the contrary.

oshoo15 · Post by **oshoo15** » Sun Oct 11, 2009 3:05 am

I was convicted for drink-driving, 2007 (disqualification + fine in court).

I successfully applied for ILR 2008. I stated my conviction on the form, no problem at all.

Naturalisation on the other hand is what I think might be dicey with such a conviction. I am yet to hear of someone in a similar situation to know if I should chance my money on naturalisation application now.

MrNorthStar · Post by **MrNorthStar** » Mon Oct 12, 2009 11:25 am

Oshoo,

Thank you very much for sharing your experience.

Please can you tell me a bit more.
If you had an appointment at any of the PEO's and any questions, if any, asked by the case worker in relation to this matter.

This is helping me prepare and build my confidence to face the situation.

Thanks.

nksg · Post by **nksg** » Tue Oct 13, 2009 11:22 am

Hi,

Sorry for the delay in reply. T1 i means was Tier 1 (Extn from HSMP to Tier1). In my case i was convicted for Drunk Driving in Jan 2005 (with 1 year driving BAN). I was on WP then.

I left the country to join a new employer in Feb 2005 and then the new employer processed a new WP for me. (I did not declare this conviction then as i was not aware of the seriousness of the metter though was still under BAN period).

Entered UK again in May 05 and WP extn requested in April 06. Applied for HSMP in August 2006 (but did not declare the offence).

Dec 2008 - for the extn of HSMP to Tier1 (Under JR), i did not declare this on the form as i thought i got away with the previous applications as well.. but thanks to this forum and my active participation, i came to know some one's visa got rejected as he did not declare the similar offence. Started looking internet on this topic and came to know that from October HO changed the rules and integrated the police computer to UKBA where they can see all the police records. Got nervous as my application was under consideration but did not loose hope. Called UKBA and informed about the offence. They asked me to send the relavant documentation asap as the application was assigned to the case worker (That was in Jan2009). I sent the change of circumstance form with all the information. DL counterpart along with the apology letter by recorded delievery and within a week i had my approval...

Lessons learnt.. If you went to the court for any thing, or you have your details on the police computer make sure you declare it atleast on the cover letter.

My Ban was spent after one year but the fine will be spent in Jan 2010. I have seen many cases and conviction wont impact the ILR as long as you declare it but for the citizenship it needs to be spent.

Regards,

NK

manwithsunshine wrote:Hi nksg,
could you tell me whats T1?
Is that temporary residence or temporary citizenship,
I am also work permit holder, living in uk for 4 years 6 months. another six more months to apply ILR.
since I have three speeding offences and 9 points in my licence I am worried, whether it will affect my ILR.
I have paid fine for it. there is another offence also for which i have to attend the court on 16th of this month.
Its likely I will get 6 months disqualification since i already have 9 points.
Attorney from swindon said if its mentioned in your counter part licence as conviction and fine, then that will definitely affect your application.
for that you have to address the situation and fight against it.
they have helped many people in thes kind of issues.
Please guide me how u dealt with it.
I am not in position to spend money in this regards to solictors which will cost 1000s.
Also You have mentioned spent time for conviction 5 years
can i apply for the ILR before the conviction spent.
I have gone through the citizenshipm quidelines, where its says in 21st column spent time for driving disqualification is till the end of disqualification and spent time for fine and community service 5 years This guide lines will be same for the ILR as well?
If yes which category i will fit? in fine conviction or in disqualification conviction.
please do help me
Thanks
nksg wrote:I would add with Sivu,

- What documents should be provided along with?

Your license counterpart should be fine.

- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.

I have been through this.. and got the T1 approval just by declaration on the form. I have a colleague who got ILR 2 months after the ban was over. He declared it on the form as well.

This conviction is spent after 5 years..

MrNorthStar wrote:Hi All,

I have been asking this same question around to plenty of people and all of asked to mention it.

I will mention it without a doubt, made up my mind on that.

Now further to this the confusion is
- What documents should be provided along with?
- Please please can anyone give me more details on someone who has had a Drink Drive Ban + Fine and has applied for ILR and was successful.
It would be a great help if I can communicate to the person and find out for sure what I am going to face and what I need to be prepared with.

Shivuu006, please can you be kind enough to give me more details.

Alexsh1, I did read the notes and it says you have to mention any unspent convictions. I personally don't know when my conviction would become spend because there are mixed guides. Irrespective I will mention it as there will be honesty in mentioning it.

Thanks for your help so far members, please do guide me further and will keep you posted.

brucelin · Post by **brucelin** » Fri Sep 10, 2010 6:00 pm

MrNorthStar wrote:I am applying for Indefinite Leave to Remain (ILR) in person at the end of this month 30/10/2009.
My application is based on Work Permit + HSMP (Fall under Judicial Review) + Tier 1 (General).
Time on working visas - September 2003 - Till Date.

Here's my major concern for Drink Driving Conviction:
I got a 9 months driving ban (reduced from 12 to 9 after attending the course) and a Â£290 fine in 2008.
Completed the course (ban was reduced), served the driving disqualification and also cleared the fine by April 2009.
So nothing is pending and also got my driving licence back in April 2009.

I know it was my fault and am extremely remorseful on that till date. But please guide me.

While I was filling out the ILR SET(0) form I came across section 7 in which one has to mention any criminal convictions (including traffic offenses).
Read the relevant sections in Rehabilitation of Offenders Act 1974. According to the Rehabilitation of Offenders Act 1974, you don't have to declare spent convictions.

I am getting confused from what I read on various forum posts and am not sure.
When will the driving disqualification + fine become spent conviction?

While filling out the ILR SET(0) form I want to be honest from the start, but don't want to mention things like these if I don't have to.

Members in your opinion should I apply or not?
And any thoughts on how HO will consider my application?
Are there any examples of successful applications?

Please do help me and guide me as soon as possible.

Appreciate any help provided

Thanks for reading.

sssengar05 · Post by **sssengar05** » Tue Jan 25, 2011 7:06 pm

i had applied for switching from T2 visa T1 on 12th jan 2011. Till the time of application, i didnt had any police record for any offense. last weekend, on 22nd jan 2011, i was caught for drink n drive and have been bailed till 10th march till my blood test for alcohol comes up. What should i do? Will i have to inform UKBA about this incident?

MrNorthStar · Post by **MrNorthStar** » Tue Jan 25, 2011 9:33 pm

Hi,

You are not obliged to tell anything to anyone till proven guilty.
Law clearly states that you are innocent till proven guilty.

1. Consult a good drink drive offence lawyer who can help you reduced your sentence and/or get you out of this completely with minimum punishment. Citizens advise bureau are good places to start.

2. Try that there is no court date or judgement passed against you before you get your T1 visa back from UKBA.

3. If you are proven guilty try and take a ban for few months but avoid any fines. Under spent convictions the ban will on last for its duration where as the fine will last for 5 years. E.g. 6 months ban + Â£200 fine, then this will last for 5 years. But if you just had 6 months ban it will only last for 6 months.

4. If in court they give you a ban, take up the Drink Drive Offenders improvement course. It helps and will reduce your ban by 1/3.

5. In future if you apply for any visa, not your current application, please do mention it as this is taken very seriously by UKBA. It is always good to mention and then let UKBA decide.

I know the feeling, exactly what you are going through. Just stay calm and think pragmatically and you will be fine.

Please feel free to ask any further questions.

All the best.
North Star.

sssengar05 wrote:i had applied for switching from T2 visa T1 on 12th jan 2011. Till the time of application, i didnt had any police record for any offense. last weekend, on 22nd jan 2011, i was caught for drink n drive and have been bailed till 10th march till my blood test for alcohol comes up. What should i do? Will i have to inform UKBA about this incident?

York123 · Post by **York123** » Fri Feb 04, 2011 6:01 pm

@MrNorthStar
Hey what happend to your ILR?? Did u get it without any problem?

MrNorthStar · Post by **MrNorthStar** » Fri Feb 04, 2011 6:41 pm

Got my ILR with the grace of God. Honesty is the best policy and it paid off.
Thanks to everyone who helped me on this forum.

York123 wrote:@MrNorthStar
Hey what happend to your ILR?? Did u get it without any problem?

York123 · Post by **York123** » Mon Feb 07, 2011 8:59 am

Congrats... You are right...

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Urgent - ILR Application + Drink Driving Ban + Fine --- Help

Urgent - ILR Application + Drink Driving Ban + Fine --- Help

Re: Urgent - ILR Application + Drink Driving Ban + Fine ---

Hi nksg,

Re: Hi nksg,

Re: Urgent - ILR Application + Drink Driving Ban + Fine ---

T1 visa query

Re: T1 visa query