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ILR app on 10 years Long Residency (with court fine)
Posted: Fri Mar 21, 2014 1:19 am
by ShumailaKh4n
Hi All,
My application for ILR is due next month, I am worried with the court fine I got last year which I have completely paid off via installments. The fine was related to transport (London buses). I had to go to the court to receive the fine.
So Before I apply :
1 - What check do I need to do
2 - Is it a matter of unspent conviction?
I am so confused with all the different versions of information here with various different responses. Please help I am too much worried over this application.
Thanks
S khan
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Fri Mar 21, 2014 10:02 am
by ShumailaKh4n
Can any fellow member please advise on this issue.
Thanks
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Fri Mar 21, 2014 12:30 pm
by ShumailaKh4n
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Fri Mar 21, 2014 10:51 pm
by greenvilla
if its given in magistrate court then its not civil. its criminal rather than civil issue. and you need to wait 24 months as per ILR criminality threshold.
cheers
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Sat Mar 22, 2014 1:07 am
by ShumailaKh4n
greenvilla wrote:if its given in magistrate court then its not civil. its criminal rather than civil issue. and you need to wait 24 months as per ILR criminality threshold.
cheers
Hi,
Thanks for your response.
Earlier I called the number provided "Workpermit.com advice line +44 (0)344-991-9222" and they advised me that I should mention the civil offence but it will have no affect on my application.
I think this seems to be a complicated case and I will need to send it via solicitor and make it based on the following paragraphs from immigration law.
Requirements for an extension of stay on the ground of long residence in
the United Kingdom
276A1. The requirement to be met by a person seeking an extension of stay on the ground of
long residence in the United Kingdom is that the applicant meets each of the requirements in
paragraph 276B(i)-(ii) and (v).
From the following paragraph 276B only these points i, ii and v are required to be have a valid application. (I could be totally wrong)
Requirements for indefinite leave to remain on the ground of long residence
in the United Kingdom
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground
of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
(ii) having regard to the public interest there are no reasons why it would be undesirable
for him to be given indefinite leave to remain on the ground of long residence, taking into
account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment
record; and
(d) domestic circumstances; and
(e) compassionate circumstances; and
(f) any representations received on the person's behalf; and
(iii) the applicant does not fall for refusal under the general grounds for refusal
(iv) the applicant has demonstrated sufficient knowledge of the English language and
sufficient knowledge about life in the United Kingdom, in accordance with Appendix
KoLL.
(v) the applicant must not be in the UK in breach of immigration laws except that any
period of overstaying for a period of 28 days or less will be disregarded, as will any
period of overstaying between periods of entry clearance, leave to enter or leave to
remain of up to 28 days and any period of overstaying pending the determination of an
application made within that 28 day period.
So in case of 24 months wait, what are the current available options in my situation. (I currently have Tier-1 General valid till Jan 2015)
Kindly advise...
Thanks in advance
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Sat Mar 22, 2014 2:26 am
by vinny
If you have to
wait, then use
FLR(LR).
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Mon Mar 24, 2014 11:23 pm
by ShumailaKh4n
Thanks for your reply Vinny,
I spoke with another consultant and they advised that I have to wait 12 months after the court hearing for me to be considered time spent. They also said 80% to 90% chances for the application to get thru without any problems.
Now this is a bit confusing, given the time frame specified in UKBA Immigration Rules and my previous references regarding eligibility for ILR. Can you please give some insight to what is the correct time frame. My Court hearing was last year on 10th May 2013.
Kind Regards
SK
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Tue Mar 25, 2014 1:00 am
by montysingh
Thanks for your reply Vinny,
I spoke with another consultant and they advised that I have to wait 12 months after the court hearing for me to be considered time spent. They also said 80% to 90% chances for the application to get thru without any problems.
Now this is a bit confusing, given the time frame specified in UKBA Immigration Rules and my previous references regarding eligibility for ILR. Can you please give some insight to what is the correct time frame. My Court hearing was last year on 10th May 2013.
Kind Regards
---Hopefully vinny will advice you further more
But i am pretty sure this another consultant is not an immigration specialist because the reason he is quoting you the 12 months wait is from the new reforms to the rehabilitation act 1974. According to which the fine stays on your records for 12 months , here is the detailed link.
https://www.gov.uk/government/news/refo ... into-force
Unfortunately, the new reforms do not apply to the immigration, quoted from Narco website
"The amendments to the Rehabilitation of Offenders Act 1974 made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 now exclude the UKBA from the Act, meaning that they are entitled to access an applicant’s full list of convictions, cautions, reprimands or final warnings both ‘spent’ and 'unspent’
So, the correct timeframe is still 24 months.
Re: ILR app on 10 years Long Residency (with court fine)
Posted: Tue Mar 25, 2014 4:24 pm
by ShumailaKh4n
montysingh wrote:
---Hopefully vinny will advice you further more
But i am pretty sure this another consultant is not an immigration specialist because the reason he is quoting you the 12 months wait is from the new reforms to the rehabilitation act 1974. According to which the fine stays on your records for 12 months , here is the detailed link.
https://www.gov.uk/government/news/refo ... into-force
Unfortunately, the new reforms do not apply to the immigration, quoted from Narco website
"The amendments to the Rehabilitation of Offenders Act 1974 made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 now exclude the UKBA from the Act, meaning that they are entitled to access an applicant’s full list of convictions, cautions, reprimands or final warnings both ‘spent’ and 'unspent’
So, the correct timeframe is still 24 months.
Thanks for your reply,
I met another consultant, and they advised that this is a very common type of conviction and it will not have any severe consequences on my application
however if the application gets refusal, I will have a chance to appeal against their decision so on n this will go on till I get the ILR. (Guys please I need all gurus opinion here)
My Question in this situation:
Q1 - Lets say from my court hearing day, I make application 12 months into the 24 months period (example 10 May 2014), and that the process takes up to 6 months, so will the application be considered short of 6 months from the time spent and REFUSED?
My Q2 is based on the following:
Q2 - If I go on the FLR(LR) route, then how long am I looking at, in terms of the extension? Will I be given extension enough to cover the "time spent" period? (Its over £1000 for every try)
Kind Regards
SK
