Immigrationboards.com

Hi to all,
I had a drink drive conviction on 17th Nov 2009. I am due to apply for ILR on 05th Dec 2012.

I have seen the new rule change in UKBA website, where it says any unspent criminal conviction including drink drive offence should be refused by the caseworker. (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)

one of the member surprise77 had ILR application succeded.

ANYONE ELSE OUT THERE WHO HAD THEIR APLLICATION SUCCEDED RECENTLY
Or any thought/suggestion is kindly requested.
Thanx

janu07 wrote:one of the member surprise77 had ILR application succeded.

Please provide link ....

Do you know for sure if there is a criminal conviction against you? Have you checked?

Hi, thnx for ur response.

Sry the member is surprised77

http://www.immigrationboards.com/viewto ... light=dr10

Also, the links for CRB checks is for job requirements, Can u have voluntary check even though if its not job related?
many thnx

Thanks! I doubt the member's statement that he had an unspent conviction and was granted settlement.

People assume motoring conviction = unspent criminal conviction, and that may not always be the case. e.g. - FPN is not a criminal conviction, or when there is no court involved there is no criminal conviction.

The member mentions DR10 as you do, and assumed a criminal conviction .. just as you are (perhaps).

One can request a basic disclosure on his own.

I just gt my basic disclosure scotland report and my dr10 conviction is shown as Nov 20009.

Does that mean my conviction is unspent and i have to wait 5 yrs from the conviction date before i can apply???

If the disclosure states that you have a conviction then you need to wait until it becomes spent.

sushdmehta wrote:If the disclosure states that you have a conviction then you need to wait until it becomes spent.

I got mine with unspent DR10! (it is still unspent). Mentioned on the application. Applied at Croydon PEO. They downgraded my application to postal for 'further checks'. Got passport in post with ILR.

sushdmehta wrote:Thanks! I doubt the member's statement that he had an unspent conviction and was granted settlement.

People assume motoring conviction = unspent criminal conviction, and that may not always be the case. e.g. - FPN is not a criminal conviction, or when there is no court involved there is no criminal conviction.

The member mentions DR10 as you do, and assumed a criminal conviction .. just as you are (perhaps).

One can request a basic disclosure on his own.

''Doubt the members statement'' = Want to bet? I got mine and sure I did.

If you are suggesting that you were not an HSMP JR covered migrant or not using an international driving permit at the time of the offence, had a unspent conviction that a CRB check had confirmed so and were granted settlement, then I think I would want to.

And even if I end up losing the bet it will just prove that you were "extremely" lucky to have had your application assessed by incompetent caseworkers. Why? Because being granted settlement when you do not meet the requirements as prescribed by law is nothing but "luck".

sushdmehta wrote:If you are suggesting that you were not an HSMP JR covered migrant or not using an international driving permit at the time of the offence, had a unspent conviction that a CRB check had confirmed so and were granted settlement, then I think I would want to.

And even if I end up losing the bet it will just prove that you were "extremely" lucky to have had your application assessed by incompetent caseworkers. Why? Because being granted settlement when you do not meet the requirements as prescribed by law is nothing but "luck".

Ok agreed. I guess I am a lucky man than. It was well worth trying though as all they could do is reject as I did mention the DR10 conviction in the form clearly.

Whether you were indeed lucky or there were a valid reason for approval of your application can only be ascertained if you can share the following:
1. When did you apply for HSMP?
2. Were you using an international driving permit at the time of the offence?
3. What was the judgement handed down to you by the judge?
4. Did you request a CRB check before applying and did it show a "conviction"?

thanx for ur comments......
i`m sooo confused now as to should i apply or not in dec 12......

@sushdmehta: has any1 applied with dr10 as mine and got rejected.....coz in this website, all i managed to find is, whether to apply or not and confusion about spent and unspent.........

i know its in UKBA`s rule not to grant ilr with unspent conviction.....but just wanted to find out if any1 has tried and the result(reason for failure)

surprised77 must have been lucky. when a court gets involved then there is an unspent conviction specially drink driving is a criminal offense.

the OP has done CRB and it has come up with conviction. so it would be discretion of the case worker to apply the rule.

also, what might have gone in surprised77's favour is that his DR10 was in 2009 which was 3 years ago which may have made CW think that he has sobered up now. just my thought

if the OP wants to apply, he can but there is a risk that he may lose his fee but worth trying.

also, whatever sushdmehta has said is correct.

sushdmehta wrote:Whether you were indeed lucky or there were a valid reason for approval of your application can only be ascertained if you can share the following:
1. When did you apply for HSMP?
2. Were you using an international driving permit at the time of the offence?
3. What was the judgement handed down to you by the judge?
4. Did you request a CRB check before applying and did it show a "conviction"?

1. My timeline = wp+hsmp+tier1 (not covered by hsmp JR)
2. Full UK driving licence
3. DR10 - 12 month ban + heavy fine (750+court costs)
4. Yes the CRB did show the conviction

1. My timeline = wp+hsmp+tier1 (not covered by hsmp JR)
2. Full UK driving licence
3. DR10 - 12 month ban + heavy fine (750+court costs)
4. Yes the CRB did show the conviction[/quote]

did u apply through any solicitor or just filled the form yourself

saraq wrote:1. My timeline = wp+hsmp+tier1 (not covered by hsmp JR)
2. Full UK driving licence
3. DR10 - 12 month ban + heavy fine (750+court costs)
4. Yes the CRB did show the conviction

did u apply through any solicitor or just filled the form yourself[/quote]



I did filled it myself and mentioned my conviction in the form.

Thanx alot Surprised77, appreciate ur responses. i still have 2-3 mths left, so will let u knw the result if i apply it.
also, many thnx to susmadmehta and innocentdevil

janu07 wrote:Thanx alot Surprised77, appreciate ur responses. i still have 2-3 mths left, so will let u knw the result if i apply it.
also, many thnx to susmadmehta and innocentdevil

GoodLuck! All the best..