Queries regarding court conviction(s) - new settlement rules

Yes indeed the nature of offence should matter not every offence considered as a wait for 5 years,If this happens i believe many have to wait,some already facing and who knows many more suffer when their time of ILR came.Traffic offences are much common.

For those who come under Nov 2006 the driving convictions don't affect them for ILR how about for citizenship (its not for away - just 12 more months).

Can someone please clarify does this affect for citizenship.

surajban wrote:For those who come under Nov 2006 the driving convictions don't affect them for ILR how about for citizenship (its not for away - just 12 more months).

Can someone please clarify does this affect for citizenship.

HSMP JR protection ends at settlement.

sushdmehta wrote:

surajban wrote:For those who come under Nov 2006 the driving convictions don't affect them for ILR how about for citizenship (its not for away - just 12 more months).

Can someone please clarify does this affect for citizenship.

HSMP JR protection ends at settlement.

Hi,

I know its too early to ask but still if someone got any clue will that be a problem at the time of citizen application.

Yes.

For now, and in this forum, concentrate on "settlement".

We were in deep financial difficulties on last few years. We couldn't claim any benefits at the time and the council took us to court twice and now we are paying weekly instalment. In the court paper, we were ordered to pay a fix amount and 29 days supended sentence. I want to know if it counts for criminal record??? Also, it took a long time to pay it off. If we go for IVA or debt relieve order, will it still count??
I have asked this questions somewhere else, however nobody can give a definite answer.
Any idea?

chorc123 wrote:In the court paper, we were ordered to pay a fix amount and 29 days supended sentence.

Overview of new requirements wrote:Suspended sentences have the same rehabilitation period as sentences served.

chorc123 wrote:I want to know if it counts for criminal record???

In my personal opinion, yes.

sushdmehta wrote:

chorc123 wrote:In the court paper, we were ordered to pay a fix amount and 29 days supended sentence.

Overview of new requirements wrote:Suspended sentences have the same rehabilitation period as sentences served.

chorc123 wrote:I want to know if it counts for criminal record???

In my personal opinion, yes.

Please forgive me if I am a bit thick!!
I have read and searched UKBA web site, because we are in the mess of 14 years ILR application during last few years. I really want to if we will be turned down automatically if we apply after 6 April? while we have this council tax arrears went to court. The reason is we have a new solicitor who is preparing the case for new application in the moment. I am worrying sick!!! We are still fighting with the previous solicitor for all documents and passpots to be returned and waiting for SAR file.
Any idea if the new law will affect 14 years case???
Many thanks.

chorc123 wrote:Any idea if the new law will affect 14 years case???

This new requirement will (also) be added to immigration rule 276B (see point 88 in the statement of changes).

sushdmehta wrote:

chorc123 wrote:Any idea if the new law will affect 14 years case???

This new requirement will (also) be added to immigration rule 276B (see point 88 in the statement of changes).

Suspended sentences have the same rehabilitation period as sentences served. Therefore, if I cannot submit by 6 April, then I have to wait for another 5 years for ILR? Is it correct? However, the money I am ordered to pay will last for years. So, when can I apply for ILR???

chorc123 wrote:Therefore, if I cannot submit by 6 April, then I have to wait for another 5 years for ILR? Is it correct?

Five or seven, whatever is the rehabilitation period.

chorc123 wrote:However, the money I am ordered to pay will last for years. So, when can I apply for ILR???

Not sure if "not paying the fine in full within the rehabilitation period" will affect the duration of the rehabilitation period.

The responses above are my personal opinion based on my limited understanding on the matter. So don't make the mistake of just relying on my responses.

Your solicitor should be able to provide you with accurate answers to these specific questions.

I was fined by the court for a minor offence and got the notice from the court to pay the fine, which I eventually did. Now I am not sure whether I was convicted on criminal backgrounds. When I did my known disclosure (Scotland Disclosure), there was no convictions.

I am eligible for ILR as I have been here for 5 years, but not sure whether I can go ahead and apply.

Any inputs on this is much appreciated.

Thanks

navos21 wrote:I was fined by the court for a minor offence and got the notice from the court to pay the fine, which I eventually did. Now I am not sure whether I was convicted on criminal backgrounds. When I did my known disclosure (Scotland Disclosure), there was no convictions.

I am eligible for ILR as I have been here for 5 years, but not sure whether I can go ahead and apply.

Any inputs on this is much appreciated.

Thanks

Whats the confusion? If you had any convictions it would have shown on that disclosure which it did not - so you can go ahead and apply. This is a case of worrying too much about nothing

KP

With due apology If even Not on CRB,you are not eligible for ILR as sometime enhanced CRB only shows minor offences.But its my advice remaining better email UKBA.

ssoct98@hotmail.com wrote:With due apology If even Not on CRB,you are not eligible for ILR as sometime enhanced CRB only shows minor offences.But its my advice remaining better email UKBA.

I actually beg to differ with you. My reasons are
1. Minor offences are not hidden from the person who committed it - thus a basic CRB check shows minor offences along with all active and unspent convictions like robbery, murder, road offence etc. Proof for this is the actual definition of what each type of CRB check is

2. I made quite sure when speaking to the company doing the check as to what is the 'scope' of a CRB check. They too clarified that for the purpose of any application to govt bodies and for the purpose of knowing if a person has ANY spent or unspent convictions.

As per Wikipedia
'In addition to the information provided on a Standard Disclosure, the Enhanced Disclosure involves an additional check with the police, who check if any other information is held on file that may be relevant (for instance, investigations that have not led to a criminal record). The police decide what (if any) additional information will be added to the Disclosure. In rare circumstances the police may write to the employer separately giving confidential information about an ongoing criminal investigation into the applicant. This information may not be released to the applicant and the employer cannot reveal it to them.'

This is the BEST part with regard to ILR and Basic CRB Check -

'A Basic Disclosure, or basic crb check, is the lowest level of criminal record Disclosure and is available to anyone (Individuals or Companies) for any purpose, on payment of the appropriate fee. It contains details of convictions considered "unspent" under the Rehabilitation of Offenders Act 1974 and held on the Police National Computer.
A Basic Disclosure (termed as a ‘criminal conviction certificate) contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974 or states that there are no such convictions. The Disclosure is not job-specific and may be used more than once.'

Hope this clarifies it even more

KP

To every offence by court sometime they write as follow
No offence Level URN recorded what its meant? AND
mostly without anything but with some they write as above,does it means that not a recordable offence?
Ken please advice.