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ILR Application with two INS10 traffic offence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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diehardall1
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ILR Application with two INS10 traffic offence

Post by diehardall1 » Sat Feb 04, 2012 10:06 pm

I need your candid advice. I am applying for ILR - HSMP JR Nov 2006 next week.

I had 6pts in Dec 2007 for driving without insurance. (This is now removed from my license in dec 2011).

I had another 6 pts in July 2011 for driving without insurance. My insurance cancelled the insurance but i didnt see the cancellation letter until after a week of being stopped by the police.

I am using PEO same day. I now have a total of 6pt on my license.

1. Do you advice I do fill the both traffic offences in the form (though one is removed but the fine is for 5yrs)

2. Or I should fill only the recent one (2011) and omit the 2007 one already removed from my license. (as I will only be attaching my driving license counterpart).

3. Or I should make no mention of the points in my application. (afraid HO will disqualify the application if they find out).

Thanks for you kind advice as its urgent.

linkers
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Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Mon Feb 06, 2012 9:47 am

Criminality threshold doesn’t apply to ILR application based on HSMP(JR).

I think you should be fine.

diehardall1
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Posts: 19
Joined: Tue Jan 31, 2012 8:22 pm

Post by diehardall1 » Mon Feb 06, 2012 3:54 pm

Thanks, Linkers for the reply. That is a big relief for me.

Do you reckon I should declare it or not in my application form?

rgds

sys_sagar
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Joined: Sun Jul 22, 2007 9:26 am

Post by sys_sagar » Mon Feb 06, 2012 3:59 pm

let me know the outcome once you have applied next week.

You should declare it in your application , although it shouldn't effect your ILR application as covered by JR

doubletrouble
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Joined: Fri Mar 10, 2006 7:41 pm

Post by doubletrouble » Mon Feb 06, 2012 5:03 pm

Yes, declare it.
diehardall1 wrote:Thanks, Linkers for the reply. That is a big relief for me.

Do you reckon I should declare it or not in my application form?

rgds

diehardall1
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Posts: 19
Joined: Tue Jan 31, 2012 8:22 pm

Post by diehardall1 » Mon Feb 06, 2012 6:07 pm

Thanks for the update.

I feel like declaring only the one in 2011 and not declaring the one already removed from my license counterpart.

Pls. advice.

Thks

sys_sagar
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Posts: 129
Joined: Sun Jul 22, 2007 9:26 am

Post by sys_sagar » Mon Feb 06, 2012 6:31 pm

yes, you can skip the one which was already spent. you only need to declare the unspent ones.
also, inform us the outcome of the case

doubletrouble
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Joined: Fri Mar 10, 2006 7:41 pm

Post by doubletrouble » Mon Feb 06, 2012 6:59 pm

It takes 5 years for a conviction to be spent. It has nothing to do with points on licence. If I were you I would declare both.
diehardall1 wrote:Thanks for the update.

I feel like declaring only the one in 2011 and not declaring the one already removed from my license counterpart.

Pls. advice.

Thks

diehardall1
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Posts: 19
Joined: Tue Jan 31, 2012 8:22 pm

Post by diehardall1 » Thu Feb 09, 2012 12:15 am

I have been reading the Criminality requirement for settlement & Annex D to Chapt 18 The Good Character Requirement

http://immigrationboards.com/viewtopic.php?t=74347 posted by sushdmehta

I submit my findings according to 322 in addition to sushdmehta's

1. You don't have to declare Points removed from your license after 4 years if you did not got to court. this is because FPN is not CR and cannot be spent.

If you go to court, then the 5 year spent period will apply.

Caseworkers will ignore any FPN not given in court with regards to ILR except if you have more than one within 12 months. Then you will ask to reapply once there is only one FPN remaining.

This means if you have two FPNs within 3 years, it should not count towards ILR but you have to declare it

In the light of this, I am only declaring one IN10.

The second one is now off my license and cannot be spent as I didn't go to court.

thks.

sys_sagar
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Posts: 129
Joined: Sun Jul 22, 2007 9:26 am

Post by sys_sagar » Thu Feb 09, 2012 12:46 am

So, are you going tomorrow or friday to PEO?

diehardall1
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Joined: Tue Jan 31, 2012 8:22 pm

Post by diehardall1 » Thu Feb 09, 2012 10:09 pm

I got my ILR today @ croydon

The caseworker was interested in recent economy activities - 3 mths payslips & bank statements. Co habitation docs....and check our old passports.

I declared only one IN10 (driving without insurance). It wasnt an issue as thecaseworker didnt raise it.

Thanks to God, and all in this forum.

It's been very helpful.

Thks

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