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ILR & 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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

JohnM
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Post by JohnM » Mon Jan 28, 2013 11:35 am

Yes, I think you are very close to the truth.

They must explain it much more clearly.

They also added to the confusion with the new rules when they say that it affects only when it created criminal record. It looks like it's not always the case. So if it was not recklessness and no record then it should be ok, if it was recklessness, even without record, then it may not be ok.

Sushdmehta wrote about new rules and criminal record here, he is an expert, but still I think maybe he forgot about recklessness they also look for. http://www.immigrationboards.com/viewtopic.php?t=120784

ssidd
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Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

ILR AND COURT CONVICTION

Post by ssidd » Mon Jan 28, 2013 12:00 pm

JohnM wrote:Yes, I think you are very close to the truth.

They must explain it much more clearly.

They also added to the confusion with the new rules when they say that it affects only when it created criminal record. It looks like it's not always the case. So if it was not recklessness and no record then it should be ok, if it was recklessness, even without record, then it may not be ok.

Sushdmehta wrote about new rules and criminal record here, he is an expert, but still I think maybe he forgot about recklessness they also look for. http://www.immigrationboards.com/viewtopic.php?t=120784
It means now rule of thumb is
'' If you get court fine (Not FPN) for any traffic offence whether it is recorded or not you have to wait 24 months''

Am i right in my interpretetion?
Random life is difficult but systematic is much easier!!
SIDD

JohnM
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Joined: Sat Sep 03, 2011 1:42 pm

Post by JohnM » Mon Jan 28, 2013 12:35 pm

I don't think so. Many people got ILR with court fine and it also depends on what they treat as court issued FPN. So I think that the main ground for refusal for traffic offences is recklessness. So if you are fined for shoplifting then it's definitely 24 months wait, if it's traffic offence it should be about recklessness. But I would be glad if any guru could clarify it.

ssidd
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Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

ILR AND COURT CONVICTION

Post by ssidd » Mon Jan 28, 2013 1:04 pm

JohnM wrote:I don't think so. Many people got ILR with court fine and it also depends on what they treat as court issued FPN. So I think that the main ground for refusal for traffic offences is recklessness. So if you are fined for shoplifting then it's definitely 24 months wait, if it's traffic offence it should be about recklessness. But I would be glad if any guru could clarify it.
''Driving without due care and attention and Failure to Report'' will come under Recklessness??
Random life is difficult but systematic is much easier!!
SIDD

JohnM
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Post by JohnM » Mon Jan 28, 2013 2:47 pm

Failure to report may be an issue. But I'm not sure myself. Is it AC code?

That why I asked about recklessness but no expert confirmed so far.

ssidd
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ILR AND COURT CONVICTION

Post by ssidd » Mon Jan 28, 2013 9:03 pm

JohnM wrote:Failure to report may be an issue. But I'm not sure myself. Is it AC code?

That why I asked about recklessness but no expert confirmed so far.
Yes it is AC 20.
Random life is difficult but systematic is much easier!!
SIDD

salmankh4n
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Post by salmankh4n » Mon Jan 28, 2013 10:07 pm

Cherryberry800 wrote:MY PEO EXPERIENCE IN DETAIL

I went for my ILR PEO appointment yesterday on 22/01/2013 to Birmingham Solihull. At the initial checks before paying for the fee my application is been refused as I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20 as I was involved in an accident with a motorbike and forgot to attend the court date and judge made a decision in my absence.

The Immigration officer check my passports and visas first and writing down all the details against the points claimed as soon as he turned to the conviction page of the application form he asked that is this a fixed penalty or given by court

I told him honestly that its been given by court, he then went back to ask his colleagues and came back just after a one minute not more then that and told me that I need to wait for two years until the conviction become spent because if I apply for ILR now its most likely that it will be rejected.

I have been told by him that I can still apply for the TIER 1 extension.

I need urgent help and guidance in this regard and is there any possibility for me to still get an ILR while having these points on my licence.

Keeping in mind that I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20.

Date of Offence 20/03/2011

Date of Conviction 04/11/2011

Date of Sentence 15/05/2012

Offence Code: CU 20


I had a enhanced CRB done in August last year which is all clear and the date of sentence was 3 months before my CRB check so logically if theres anything wrong then it should have shown in the enhanced CRB.

I have seen people who have done every wrong thing under the sun and still get their ILR accepted.

Kindly please advice the appropriate action to be taken asap as my visa is expiring on 08/02/2013.
Hi Cherryberry800,

Trust me you will get your ILR if you go through with your application.
There is nothing on your CRB which means you do not have any conviction.

you said that the case worker told you that if you go ahead then your application MIGHT get rejected. Which says that the caseworker was not sure.

But I am certain that when he does his checks, he wont find any convictions on your name as was the case with your CRB. If there is nothing on CRB then there is no conviction.

Don't waste your time and money on Tier1 extension

Cherryberry800
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Joined: Sat Jan 19, 2013 1:10 am

Post by Cherryberry800 » Tue Jan 29, 2013 5:22 am

Morning Guys

Many thanks for your input and motivation, really appreciate it.

I have met few solicitors and barristers for last few days and everyone said to play it safe while sending application by post for Tier 1 extension as theres new law coming out soon in feburary or March in regards to duration of driving convictions that should be reduced to one year instead of 2 years for ILR applicants.

But I am still doubtfull about that as its UKBA and anything can happen there what if theres a new rule came out again which is more strict, then what?

I have two enhanced CRB's done last year one in may and one is august and both of them done by Security Industry Authority which is directly linked to UKBA

I work in Security Industry and my crbs are All clear nothing is been recorded, keeping in mind that my date of sentence was 15/05/2012 and my crbs are carried out after this date.

So if there was any issue then it should have reflect in my crbs.

Secondly I am considering to take a big risk and chance to send my ILR application by post my wife is my dependent as well so will send it by post and hopefully by the time the UKBA will go through my application which is more likely four to six months time minimum the law will be changed by then hopefully. Thats my assumption in my case dont take it as a verdict please.


Please I need your input and comments on this post asap and let me know if i will go ahead by sending my ILR application by post or not, Its a risky situation but I am willing to take this risk as I had enough of this visa extensions and all that crap.

So Kindly do reply honestly your efforts and inputs will be highly appreciated.


Thanks

ssidd
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Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

ILR AND COURT CONVICTION

Post by ssidd » Tue Jan 29, 2013 10:32 am

Cherryberry800 wrote:Morning Guys

Many thanks for your input and motivation, really appreciate it.

I have met few solicitors and barristers for last few days and everyone said to play it safe while sending application by post for Tier 1 extension as theres new law coming out soon in feburary or March in regards to duration of driving convictions that should be reduced to one year instead of 2 years for ILR applicants.

But I am still doubtfull about that as its UKBA and anything can happen there what if theres a new rule came out again which is more strict, then what?

I have two enhanced CRB's done last year one in may and one is august and both of them done by Security Industry Authority which is directly linked to UKBA

I work in Security Industry and my crbs are All clear nothing is been recorded, keeping in mind that my date of sentence was 15/05/2012 and my crbs are carried out after this date.

So if there was any issue then it should have reflect in my crbs.

Secondly I am considering to take a big risk and chance to send my ILR application by post my wife is my dependent as well so will send it by post and hopefully by the time the UKBA will go through my application which is more likely four to six months time minimum the law will be changed by then hopefully. Thats my assumption in my case dont take it as a verdict please.


Please I need your input and comments on this post asap and let me know if i will go ahead by sending my ILR application by post or not, Its a risky situation but I am willing to take this risk as I had enough of this visa extensions and all that crap.

So Kindly do reply honestly your efforts and inputs will be highly appreciated.


Thanks
Hi Bro,
The law which is suppose to be implemented is LASPO 2012 and it will reduce any court conviction to 12 month from date of conviction that is the reason UKBA have changed their rules and put a bar of 24 months for ILR AND 36 months for Naturalisation...that is my understanding.
Secondly, it is not a good idea to send ILR by post, if you want to take risk go to PEO with your latest CRB and get the instant decision and in worst case scenerio you have the chance to apply for extension by post.

I am in the same boat.

SIDD
Random life is difficult but systematic is much easier!!
SIDD

Cherryberry800
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Joined: Sat Jan 19, 2013 1:10 am

Post by Cherryberry800 » Tue Jan 29, 2013 11:38 am

Thanks for your input SIDD

If you have read my earlier posts then you should know that I have already been to PEO office on 22/01/2013 and they refused to take the application because of these points so I am just thinking to take a risk by sending it by post.

If I apply for ILR I can have the time to apply again for Tier 1 extension if my ILR get rejected but if my TIER 1 extension rejected then I have to book a flight back home or appeal against it.

So keep these in points in front of you....please advice.

ssidd
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Posts: 159
Joined: Sat Feb 04, 2012 5:17 pm

ILR AND COURT CONVICTION

Post by ssidd » Tue Jan 29, 2013 12:09 pm

Cherryberry800 wrote:Thanks for your input SIDD

If you have read my earlier posts then you should know that I have already been to PEO office on 22/01/2013 and they refused to take the application because of these points so I am just thinking to take a risk by sending it by post.

If I apply for ILR I can have the time to apply again for Tier 1 extension if my ILR get rejected but if my TIER 1 extension rejected then I have to book a flight back home or appeal against it.

So keep these in points in front of you....please advice.
If your ILR is rejected then they allow you for appeal but if your visa is not valid then they will not allow you for extension ( again my understanding). I have contacted one of the OISC and they suggest me that you can apply for extension without any issue rather than you manage points to qualify.

Sidd
Random life is difficult but systematic is much easier!!
SIDD

Cherryberry800
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Post by Cherryberry800 » Tue Jan 29, 2013 12:31 pm

MY ILR APPLICATION IS NOT REJECTED, ITS BEEN REFUSED BEFORE SUBMISSION AT THE PRE-CHECKS BEFORE PAYING FOR THE FEE

I DONT KNOW IF YOU HAVE BEEN TO PEO BIRMINGHAM EVER BUT THAT'S HOW THEY DEAL WITH CANDIDATES OVER THERE.

READ MY FULL PEO EXPERIENCE ABOVE AS IT WILL HELP YOU CLARIFY AND UNDERSTAND THE SITUATION I AM IN.

elf_fm
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Post by elf_fm » Tue Jan 29, 2013 1:55 pm

there is another case here with some good news
http://www.immigrationboards.com/viewto ... &view=next

it might be a good idea to try other PEO place
Cherryberry800 wrote:MY ILR APPLICATION IS NOT REJECTED, ITS BEEN REFUSED BEFORE SUBMISSION AT THE PRE-CHECKS BEFORE PAYING FOR THE FEE

I DONT KNOW IF YOU HAVE BEEN TO PEO BIRMINGHAM EVER BUT THAT'S HOW THEY DEAL WITH CANDIDATES OVER THERE.

READ MY FULL PEO EXPERIENCE ABOVE AS IT WILL HELP YOU CLARIFY AND UNDERSTAND THE SITUATION I AM IN.

DrFixit
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Contact:

Post by DrFixit » Wed Feb 06, 2013 10:58 pm

Hello Cherryberry800, any update on your case? did you send your documents? please provide updates.

ssidd
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Posts: 159
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ILR AND COURT CONVICTION

Post by ssidd » Mon Feb 11, 2013 12:15 pm

Hi,

Any updates Cherry Berry? Any one who got ILR with court fine in last 24 months...Plz update your experience here....Definitiely It would be worthwhile for lots of us.

Your help will be much appreciated.
Random life is difficult but systematic is much easier!!
SIDD

sthan
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ILR & TRAFFIC OFFENCE

Post by sthan » Mon Feb 11, 2013 6:49 pm

Hi,

did any one got ILR with unspent conviction. We had our ILR on 13th and my husband has unusual situation.

He was cought my police two times in 2010 october and in 2011 may. He was driving with international licence while holding uk provisional licence and police gave FPN both times with 60 pounds fine (LC20 offence code).

He has 3 points in his counter part given in 2011 but when he called up the DVLA they said my husband has got 3 points in 2010 and not in 2011 but the counter part has points given in 2011.

So We are in confusion whether to mention it or not?Can any one please advice on this as we have ILR on 13th?

By the way i am the main applicant and my husband is dependent.

Shall we proceed for ILR or should we wait for some time?

Many thanks in advance,

Sri

stokbrig
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Location: UK
Contact:

Re: ILR & TRAFFIC OFFENCE

Post by stokbrig » Mon Feb 11, 2013 8:20 pm

sthan wrote:Hi,

did any one got ILR with unspent conviction. We had our ILR on 13th and my husband has unusual situation.

He was cought my police two times in 2010 october and in 2011 may. He was driving with international licence while holding uk provisional licence and police gave FPN both times with 60 pounds fine (LC20 offence code).

He has 3 points in his counter part given in 2011 but when he called up the DVLA they said my husband has got 3 points in 2010 and not in 2011 but the counter part has points given in 2011.

So We are in confusion whether to mention it or not?Can any one please advice on this as we have ILR on 13th?

By the way i am the main applicant and my husband is dependent.

Shall we proceed for ILR or should we wait for some time?

Many thanks in advance,

Sri
1-If you apply after May 2013 you will be out of the ''danger zone''May 11-May 13

2-I was wondering if your application is refused, both of you will be refused or only your husband ?

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Re: ILR & TRAFFIC OFFENCE

Post by Gagan1986 » Mon Feb 11, 2013 8:28 pm

sthan wrote:Hi,

did any one got ILR with unspent conviction. We had our ILR on 13th and my husband has unusual situation.

He was cought my police two times in 2010 october and in 2011 may. He was driving with international licence while holding uk provisional licence and police gave FPN both times with 60 pounds fine (LC20 offence code).

He has 3 points in his counter part given in 2011 but when he called up the DVLA they said my husband has got 3 points in 2010 and not in 2011 but the counter part has points given in 2011.

So We are in confusion whether to mention it or not?Can any one please advice on this as we have ILR on 13th?

By the way i am the main applicant and my husband is dependent.

Shall we proceed for ILR or should we wait for some time?

Many thanks in advance,

Sri
Would defo recommend applying after May'13 as 24 months would have lapsed by then

sthan
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ILR & TRAFFIC OFFENCE

Post by sthan » Mon Feb 11, 2013 9:10 pm

Thanks very much for your replies.

If they reject the application will they reject both applications or will they still process main applicant?



Thanks,
sri

elf_fm
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Post by elf_fm » Thu Feb 28, 2013 12:45 pm

previous link is wrong, the following link has good news

http://www.immigrationboards.com/viewtopic.php?t=121320

elf_fm wrote:there is another case here with some good news
http://www.immigrationboards.com/viewto ... &view=next

it might be a good idea to try other PEO place
Cherryberry800 wrote:MY ILR APPLICATION IS NOT REJECTED, ITS BEEN REFUSED BEFORE SUBMISSION AT THE PRE-CHECKS BEFORE PAYING FOR THE FEE

I DONT KNOW IF YOU HAVE BEEN TO PEO BIRMINGHAM EVER BUT THAT'S HOW THEY DEAL WITH CANDIDATES OVER THERE.

READ MY FULL PEO EXPERIENCE ABOVE AS IT WILL HELP YOU CLARIFY AND UNDERSTAND THE SITUATION I AM IN.

rkganesna
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Posts: 6
Joined: Mon Jul 27, 2009 8:19 pm

Post by rkganesna » Mon Jun 10, 2013 12:08 pm

Hi,

Even my case is the same . Got cd10 on my driving .Can I apply for ILR?
Court fined- 500 points
Ban for 2 months
No points on my Driving licence.
date convicted Oct 10
Court hearing Dec 2012

Anyone suggest on my case pls

Amber
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Location: England, UK
Mood:

Post by Amber » Mon Jun 10, 2013 2:11 pm

rkganesna wrote:Hi,

Even my case is the same . Got cd10 on my driving .Can I apply for ILR?
Court fined- 500 points
Ban for 2 months
No points on my Driving licence.
date convicted Oct 10
Court hearing Dec 2012

Anyone suggest on my case pls
Is the conviction recorded on your criminal record? Ask your local police station for a SAR for information held on the PNC.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

ragsk
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ILR

Post by ragsk » Wed Jul 10, 2013 5:41 pm

Hi All,

Thank you so much for all of your inputs.
Happy to share the news that I have got my ILR today.
12:10 PEO Appointment
12:15 Biometric Done
12:20 Case Registration
12:30 waiting for Case Consideration
15:00 Case Under Consideration
15:30 Collected my Documents

CD10 didn't effect my ILR.

Rags

vc2013
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Location: London

Re: ILR

Post by vc2013 » Sun Jul 14, 2013 12:07 am

ragsk wrote:Hi All,

Thank you so much for all of your inputs.
Happy to share the news that I have got my ILR today.
12:10 PEO Appointment
12:15 Biometric Done
12:20 Case Registration
12:30 waiting for Case Consideration
15:00 Case Under Consideration
15:30 Collected my Documents

CD10 didn't effect my ILR.

Rags
Congratulations ragsk!! Enjoy ILR.
Did you declare cd10 in Set 'o' ? was it fixed penalty or court fine ? could you give us more details on your case please

vc2013
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Location: London

Post by vc2013 » Sun Jul 14, 2013 12:10 am

D4109125 wrote:
rkganesna wrote:Hi,

Even my case is the same . Got cd10 on my driving .Can I apply for ILR?
Court fined- 500 points
Ban for 2 months
No points on my Driving licence.
date convicted Oct 10
Court hearing Dec 2012

Anyone suggest on my case pls
Is the conviction recorded on your criminal record? Ask your local police station for a SAR for information held on the PNC.
Amber what is SAR? I have LC20 on my licese. Did Basic disclsoure check and requested for ACPO.. PCN check. Will that be sufficient ?

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