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GURUS

Please advise/help urgently, i posted my ILR long residence application Saturday, received at HO yesterday. I completely overlooked the fact about spending 5 years after date of conviction. in my case 21.10.08 for IN10, fined 200 and 6 points.
What are the chances of refusal. If the refusal is likely that I am thinking to cancel my card (which i have used to make payment) as payment is still not taken.

Please help me as i dont want to lose £1050 i'd much rather wait.

Dear Huqqapani

1 New Criminality Criteria

What I understood from going through the previous relevant or most relevant posts ALSO from UKBA website Criminality criteria has changed from SPENT/UNSPENT to LAST 2 YEARS From the date of Application. Means It was

before change

You must have SPENT the period of Conviction i.e which i think is period of 5 years according to Rehab Act.

After Change

You shouldn't have any criminal conviction in the last 2 years (from the date of application).

So I think you are well away from danger period and so you should be okay as your date of conviction (Oct 2008) is Far later than 2 years ago.


Ref to above AFTER change , even there are other success stories whose conviction was in the period of LESS than 2 years ago but HO allowed them ILR . New Time limit wise you are absolutely fine.


2 Mentioning OR not Not mentioning on Application form That you have conviction or not

There may be another issue involved which is mentioning or not mentioning on your application form that you have criminal conviction and what effects it will make if you have conviction but you don't mention. I have not much idea about this bit so leaving this bit for Others and seniors to comment on.

huqqapani wrote:GURUS

Please advise/help urgently, i posted my ILR long residence application Saturday, received at HO yesterday. I completely overlooked the fact about spending 5 years after date of conviction. in my case 21.10.08 for IN10, fined 200 and 6 points.
What are the chances of refusal. If the refusal is likely that I am thinking to cancel my card (which i have used to make payment) as payment is still not taken.

Please help me as i dont want to lose £1050 i'd much rather wait.

does court involve ? or it is just fixed penalty ?

selva wrote:

huqqapani wrote:GURUS

Please advise/help urgently, i posted my ILR long residence application Saturday, received at HO yesterday. I completely overlooked the fact about spending 5 years after date of conviction. in my case 21.10.08 for IN10, fined 200 and 6 points.
What are the chances of refusal. If the refusal is likely that I am thinking to cancel my card (which i have used to make payment) as payment is still not taken.

Please help me as i dont want to lose £1050 i'd much rather wait.

does court involve ? or it is just fixed penalty ?

I was fined in the court and issued 6 penalty points. I was hoping to fight my case but unsuccessful.

The general grounds for refusal is 2 years, you should have ticked yes to a criminal conviction. Write to them and declare it otherwise it could be classed as deception.

D4109125 wrote:The general grounds for refusal is 2 years, you should have ticked yes to a criminal conviction. Write to them and declare it otherwise it could be classed as deception.

I have declared it in the application. The concern is that I haven't completed 5 years from time of conviction. There is conflicting information whether its 2 or 5 years from the time of conviction that it becomes spent.

I hope the cw takes into account the time he processes my application which is more than likely after October as 5 years will be up. If cw decides to take into account the date of application it may be refused.

huqqapani wrote:

D4109125 wrote:The general grounds for refusal is 2 years, you should have ticked yes to a criminal conviction. Write to them and declare it otherwise it could be classed as deception.

I have declared it in the application. The concern is that I haven't completed 5 years from time of conviction. There is conflicting information whether its 2 or 5 years from the time of conviction that it becomes spent.

I hope the cw takes into account the time he processes my application which is more than likely after October as 5 years will be up. If cw decides to take into account the date of application it may be refused.

It is 2 years from the date of conviction.

D4109125 wrote:

huqqapani wrote:

D4109125 wrote:The general grounds for refusal is 2 years, you should have ticked yes to a criminal conviction. Write to them and declare it otherwise it could be classed as deception.

I have declared it in the application. The concern is that I haven't completed 5 years from time of conviction. There is conflicting information whether its 2 or 5 years from the time of conviction that it becomes spent.

I hope the cw takes into account the time he processes my application which is more than likely after October as 5 years will be up. If cw decides to take into account the date of application it may be refused.

It is 2 years from the date of conviction.

is it 2 years for fine as well as I was fined £200 along with conviction.

Yes it is.

D4109125 wrote:Yes it is.

I guess that I need not worry. Thanks a lot for your help

Hi
I Am a bit troubled by the new rules on unspent convictions. First of all I have a pending 10 year long residency application and it's been 3 months and haven't heard anything as yet after my biometrics.

My application involves a PCN which was issues on 4.11.2012 . This was issued by court for the reason I have moved address and the letter failed to reach me on time. So I had to go to courts and pa
y the fine. There was no question by the judge if I was guilty or not. It was a straight forward hearing where I was told about a fine for £130 and 4 points on the license. The judge clearly said I will not have a criminal offence due to this and this was normal but had to go through courts.

Can any experienced gurus give me some thought on this because this is very worrying to me. Also I did mention this on my application .

Thanks