Pleaded guilty in magistrates court, ILR required!

[Feendogg]

Hi All,

I know everyone's busy so really do appreciate any help and assistance offered here.

Brief summary of situation with all timelines below.
- I came to the UK in March 2005 on an ancestry visa (at the time a four-year visa) through British born grandparents

- extended this on a new five-year ancestry visa on February 4 2009

- partner I had lived with since 2007 became partner to my ancestry visa in May 2010

- current ancestry visa to expire February 4 2014

- began working for company in May 2005, still work for same company now, though we became part of Capita PLC in 2011 (ironic given they run the CRB/DBS check and also work for the home office chasing overstayers etc!)

- in October 2010 (now 39 months ago) admitted section 4 public order offence (using words that could cause fear or provoke violence) at magistrates court, fined £200. (Was put in what appeared to be a dangerous, escalating situation by a large guy and told him 'I don't want to have to hit you but if you don't back off I will' to which he called the cops. An inlaw gave the police my phone number when they got an address from my Oyster card registration, they called and I went in to discuss with them. The duty solicitor was tired and wanted to go home and actually appeared to be trying to get business for his colleagues, giving me a number of business cards for practices he worked for, rather than offering a lot of assistance. In the end I went to the magistrates court and plead guilty though didn't really mention enough about the mitigating circumstances or why this really should have been dealt with by way of a conditional discharge. Paid the fine on the day and life went on, though did mean to take this up further due to not being cautioned due to duty solicitor incompetence, when I had never been in any trouble before).

Until I found this forum I was thinking I was going to have to go for a third ancestry visa, though with the new 'non-custodial' 24 month rule meaning they should not have any general grounds for refusal, and that I meet all other conditions (job, cash in bank, don't need public funds, family in the UK in 60's without children that rely on me...) I can't see why an IlR would not be granted?

Questions are;

Has anyone at all applied for and received ILR with a recorded non-custodial offence that was recorded over 24 months ago?

Has anyone applied for and been refused ILR with a recorded non-custodial offence that was recorded over 24 months ago since the new criminality guidelines were introduced?

Being that my I will be applying with my partner (who has been partner to my visa for over 3 and a half years), would this make this more difficult at all? (She meets the job, English, funds requirements)?

If the new guidelines are followed I cannot see a reason for refusal, though with anything like this, sometimes a personality or curveball comes in late that makes things difficult. Any advice or experiences would be massively appreciated. Would you take a copy of the new guidelines to the HO in case I encounter someone unaware?

I will also be applying in person due to timelines and to give me a better chance of explaining should difficulties arise.

Many thanks to all in advance,

Cheers

[Amber]

I don't see an issue providing it's declared.

[Feendogg]

Hi Amber,

My thoughts as well, but then I see a new post where someone was refused (albeit originally applied pre the dec2012 changes).

Looking at different posts it seems some people have been granted ILR with fines in court within 24 months, which is lucky, but I haven't seen a post where someone has disclosed a court fine/non-custodial conviction that is over 24 months in age and we're granted?

Is there anyone you know, or anyone in this forum who has abided by the correct rules, listing fine and it being older that 24 months and subsequently been awarded ( or indeed refused) ILR?

Be great to hear some success stories!

Cheers