ILR AND UNSPENT CONVICTION DECEMBER 13TH 2012 RULE

Hello i need advise, i am due for ILR in January 2013, i have a major burden, i was convicted for traffic offence september 2011, SP30 with court fine 90gbp.......my concern is under the new ukba rule of section 321(c) stating 24 mths unspent conviction refusal , i am wondering if any one has a success story...or advise to this effect..just need courage.

did you check your CRB if it is recorded ?

favour 2013 wrote:Hello i need advise, i am due for ILR in January 2013, i have a major burden, i was convicted for traffic offence september 2011, SP30 with court fine 90gbp.......my concern is under the new ukba rule of section 321(c) stating 24 mths unspent conviction refusal , i am wondering if any one has a success story...or advise to this effect..just need courage.

yes its on crb.

Hi, as you have an unspent conviction which is recent, I think it will be difficult for you to get success. The only reason is that although the rules are changed and people with unspent conviction can apply for ILR now, but as per the new rules you must not have a conviction in 24 months from the date of application.

The best thing will be to wait till sept'13 and then apply.

Are you sure you have criminal record? If you don't have then it's not a problem.

You can order police certificate which will show exactly if you have anything or not. http://www.acro.police.uk/police_certificates.aspx

It is showing in disclosure scotland. As convictions.

favour 2013 wrote:It is showing in disclosure scotland. As convictions.

Please check this

Page 15 and follow the pages related to you

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I suggest you to carefully read my previous messages. You may not have any conviction at all. Disclosure Scotland shows not only criminal record. Order some other Check. And search this forum for my previous posts.

favour 2013 wrote:It is showing in disclosure scotland. As convictions.

Did you have your sp30 in Scotland?

If so, this may be the reason it shows in a CRB certificate issued by disclosure Scotland. get a SAR from your nearest police station of the PNC database.

I had exactly the same problem and this one came clean and my ILR application sailed through.

Yes SP30 in scotland..m i am awaiting result of pnc..thanx

Sorry to bother you,
Did you get PNC?

not yet, i am still waiting for it

My SAR /PNC is out< it came out clear.......i guess this means my CRB is clear and i can disregard conviction on disclosure scotland......so i can apply right.

favour 2013 wrote:My SAR /PNC is out< it came out clear.......i guess this means my CRB is clear and i can disregard conviction on disclosure scotland......so i can apply right.

This means it was treated as fixed penalty notice rather than a conviction; my advise is you should stil disclose it and attach the SAR report from PNC. Caseworker will still make his own checks but it should be ok.

Good luck

favour 2013 wrote:Hello i need advise, i am due for ILR in January 2013, i have a major burden, i was convicted for traffic offence september 2011, SP30 with court fine 90gbp.......my concern is under the new ukba rule of section 321(c) stating 24 mths unspent conviction refusal , i am wondering if any one has a success story...or advise to this effect..just need courage.

Please help

Tier 1

07/09/2007 -07/09/2009 - 2 years ( 07/10/2009 - 07/04/2010 Passports at Home office for further extension)
08/04/2008 07/04.2013 - 3 years

OUT OF UK

12/12/2007 - 14/01/2008 33
13/08/2008 - 27/08/2008 14 days
03/05/2009 - 15/05/2009 12 days
27/06/2010 - 24/08/2010 58 days
07/09/2010 - 06/10/2010 29 days
12/01/2011 - 09/04/2011 87 days
11/05/2011 - 05/10/2011 147 days
17/10/2011 - till date 428 days ( due to medical conditions)


Visa expires on the 8th April 2012

My son has learning disalities and is given Final Statement at the Croydon Council since the time we were in london.
He is reristered in Croydon college and is 18 years old and is a special child.

As i was diabetic and had heart issues i was not able to manage my son and myself so had to come to india for treatment.
as u know there is always a long que in uk for treatment.

i have got all my medical papers, please advise me.

tks

anu

also think you should be ok even you declare it in form.
please update your result once you sail through

Pqek wrote:

favour 2013 wrote:My SAR /PNC is out< it came out clear.......i guess this means my CRB is clear and i can disregard conviction on disclosure scotland......so i can apply right.

This means it was treated as fixed penalty notice rather than a conviction; my advise is you should stil disclose it and attach the SAR report from PNC. Caseworker will still make his own checks but it should be ok.

Good luck

Thanks all.. would sure drop my experience..thanks alot

Hello every one,

Did any one got their ILR success at Croydon with LC20 unspent conviction?I heard according to the rules released on Dec 13th, we should not have any unspent convictions for the last 24 months on the date of application. Is this correct? Can any one give me details please?

ILR is due in feb 4th of 2013.

Thanks very much.

sthan wrote:Hello every one,

Did any one got their ILR success at Croydon with LC20 unspent conviction?I heard according to the rules released on Dec 13th, we should not have any unspent convictions for the last 24 months on the date of application. Is this correct? Can any one give me details please?

ILR is due in feb 4th of 2013.

Thanks very much.

Hi, sthan, I have no idea of what is LC20 unspent conviction.
Have you done a CRB check? If so, does it appear on CRB check? If not, then fine.

I suggest you to have a look immigration rule paragraph 322(1C-iv) regarding the 24 months time frame.
It says that if the convition is not with 24 months proceeding to your application date, then it will not lead to mandatory refusal due this convition, whether it is spent or not.

@Favour 2013

Please can you share your experience when you get your ILR? I wish you favour with the process!

@sthan

Please can you share your experience when you get your ILR? I wish you favour with the process!

Hi Guys,
I got reply from UKBA Settlement team, which says that;

Thank you for your e-mail. I am unable to provide advice on individual circumstances, but the guidance on criminal convictions can be found on our website:
http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/

A fine is considered to be a non-custodial sentence which forms part of the person’s criminal record. If a person has a fine (regardless of the size and/or amount they were fined) within the relevant timeframe, a caseworker will:
- refuse the application (where mandatory), or
- consider refusing the application (where discretionary).

For Leave to Remain applications, the refusal will be discretionary and will depend on the factors outlines within the attached guidance.

For ILR when it is MANDATORY OR DISCRETIONARY???


Please comment on it...


Regards
SIDD

Thanks Alanwong,

I saw the immigration rules in paragraph 322(1C-iv). The driving offence i have got is LC20 (Driving otherwise than in accordance with a licence).

They state that 'if 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 did not understand what is non-custodial sentense. i have not got any thing from the court.. i paid a fixed penality notice of 60 pounds and got 3 points on my licence.

Please if you know can any one detail me on this? Any success stories in 2013?

Thanks very much...

@sthan... if you are absolutely sure that it is FPN then this is what the HO guideline said

This page tells you how to consider an application from someone who has or has had a fixed penalty notice.

A way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court is to issue a:
 fixed penalty notice (FPN)
 penalty charge notice (PCN), or
 penalty notice for disorder (PND).

Receiving one does not form part of a person’s criminal record as there is no admission of guilt. You must disregard them for the purposes of checking if they amount to a conviction for an offence. However you must be aware of the exceptions, as follows.
 There are criminal proceedings for failure to pay and the individual receives a more serious penalty as a result. The new penalty imposed must be the starting point for considering if the applicant is refused within a different refusal category. Or

 The person has multiple penalty notices, or one or more penalty notices alongside other non-custodial sentences, particularly over a short period of time. You must consider if, additionally or alternatively, the character, conduct and associations provisions apply.

ssidd wrote:Hi Guys,
I got reply from UKBA Settlement team, which says that;

Thank you for your e-mail. I am unable to provide advice on individual circumstances, but the guidance on criminal convictions can be found on our website:
http://www.ukba.homeoffice.gov.uk/sitec ... -refusing/

A fine is considered to be a non-custodial sentence which forms part of the person’s criminal record. If a person has a fine (regardless of the size and/or amount they were fined) within the relevant timeframe, a caseworker will:
- refuse the application (where mandatory), or
- consider refusing the application (where discretionary).

For Leave to Remain applications, the refusal will be discretionary and will depend on the factors outlines within the attached guidance.

For ILR when it is MANDATORY OR DISCRETIONARY???


Please comment on it...


Regards
SIDD

 Mandatory refusals are in paragraphs 322(1) – 322(1C).
 Discretionary refusals are in paragraphs 322(2) to 322(12).
from page 1 of
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary