drink driving, court fines and 2013 ILR success

legit2011 · Post by **legit2011** » Tue Nov 29, 2011 10:39 am

Hello
I am just new on the board and I wish I knew about this ages ago before my drink driving court case in 2008.
I started off with the fresh talent initiative ?(FTI) visa in 2005 - 2007, my company got me a work permit just after my FTI expired and i have been wt the same employer since 2005. I am due for my ILR in may 2012.

Now the bomb, I have a drink driving conviction + fines in 2008, completed the drink driving rehabilitation course same yr and got a reduction in the ban to 9months.

If i have to apply for an ILR, would this be granted? as i read, thanks to this forum that a 5yr unspent period needs to be completdd before i can 'come clean', if not what are my options.?

I understand and thanks once again to this forum that the 5yr rehabilitation period is been looked at in the house of lords for a reduction to 1yr. Does anyone have any idea if this can come to play in april 2012 when i will be due to apply for my ILR.

Please help as this is an SOS...many thanks

BigSam · Post by **BigSam** » Tue Nov 29, 2011 11:09 am

Hi legit2011,

I am afraid you got the wrong end of the stick here, what the government was proposing to the House of Lords is to lower the drink-drive limit to 50mg/100ml from 80mg/100ml.

Please see below extract from the Parliament site:

Perhaps 50 of these deaths could be saved each year if the legal limit were reduced to 50mg/100ml and enforced as effectively as the current limit. Some 250 serious and 1,200 slight injuries per year could also be saved. The Government therefore is minded to lower the Drink-Drive limit to 50mg/100ml.

If you have been given a fine only and not custodial sentence then you will have to wait for five years before your conviction has been spent. See below extract from the Rehabilitation of Offenders Act 1974

A sentence of dismissal from Her Majesty’s service. Seven years
Any sentence of detention in respect of a conviction in service disciplinary proceedings. Five years
A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) [F91to (8 )]below applies.
Five years

Hope this helps

legit2011 · Post by **legit2011** » Tue Nov 29, 2011 11:29 am

Many thanks for the update...You are right the worng end of the stick..

legit2011 · Post by **legit2011** » Tue Nov 29, 2011 11:31 am

http://www.publications.parliament.uk/p ... 2.htm#l1g1

big sam, i stumbled on this. any idea what it means, please pardon my ignorance.

geriatrix · Post by **geriatrix** » Tue Nov 29, 2011 12:00 pm

legit2011 wrote: any idea what it means

Nothing unless it becomes a law

legit2011 · Post by **legit2011** » Tue Nov 29, 2011 12:21 pm

Based on my post, could you please hint me on what my options are at this moment as my FLR will be 5yrs in May 2012??

geriatrix · Post by **geriatrix** » Tue Nov 29, 2011 12:29 pm

If you have unspent conviction(s) the only option(s) available to you is that you apply for extension if you qualify for one as and when it is due or leave UK before expiry of your current leave.

legit2011 · Post by **legit2011** » Thu Feb 02, 2012 11:13 am

Can anyone point me in the right direction please...
As per my post below, if I have to switch from my work permit (WP) to tier 2..
Will I need a COS from my company? ...please note I have been with the same employer for at least 6yrs...started off with the fresh talent visa before switching to WP...my employers have confirmed they still need my services..
When is the earliest date to send in my teir 2 general application as my current work permit expires on the 8th of may?
If I swicth to the tier 2 (general) will I have to spend five years on that before I apply for my ILR..or can I still qualify after my conviction becomes spent which should be in february 2013.

SOS....

legit2011 · Post by **legit2011** » Fri Feb 03, 2012 10:18 am

can anyone assist please!!!

innocentdevil · Post by **innocentdevil** » Fri Feb 03, 2012 11:31 am

driving drunk carries a huge fine and risk to public lives.

normally if you are caught driving drunk over the limit then you are arrested which I am sure appears in enhanced crb checks because police take fingers prints and all that malarki at the station.

your only option would be to keep extending your stay until it is spent.

best thing would be to do an enhanced CRB check on yourselves. if it is still coming an UNSPENT then you are in danger. You have mentioned you have done a rehabilitation course, that should have helped with the conviction itself.

get it check, i repeat, do an enhanced CRB check.

legit2011 · Post by **legit2011** » Fri Feb 03, 2012 1:03 pm

@innocentdevil....will surely do..however if i have to extend my present work permit...would you have answers/advice to my querries in my last post please....
As per my post below, if I have to switch from my work permit (WP) to tier 2..
Will I need a COS from my company? ...please note I have been with the same employer for at least 6yrs...started off with the fresh talent visa before switching to WP...my employers have confirmed they still need my services..
When is the earliest date to send in my teir 2 general application as my current work permit expires on the 8th of may?
If I swicth to the tier 2 (general) will I have to spend five years on that before I apply for my ILR..or can I still qualify after my conviction becomes spent which should be in february 2013.

innocentdevil · Post by **innocentdevil** » Fri Feb 03, 2012 3:02 pm

legit2011 wrote:@innocentdevil....will surely do..however if i have to extend my present work permit...would you have answers/advice to my querries in my last post please....
As per my post below, if I have to switch from my work permit (WP) to tier 2..
Will I need a COS from my company? ...please note I have been with the same employer for at least 6yrs...started off with the fresh talent visa before switching to WP...my employers have confirmed they still need my services..
When is the earliest date to send in my teir 2 general application as my current work permit expires on the 8th of may?
If I swicth to the tier 2 (general) will I have to spend five years on that before I apply for my ILR..or can I still qualify after my conviction becomes spent which should be in february 2013.

i am no expert in WP related matters. only know about Tier1/HSMP 'cuz I have done my own research.

legit2011 · Post by **legit2011** » Fri Feb 03, 2012 3:08 pm

innocentdevil wrote:
legit2011 wrote:@innocentdevil....will surely do..however if i have to extend my present work permit...would you have answers/advice to my querries in my last post please....
As per my post below, if I have to switch from my work permit (WP) to tier 2..
Will I need a COS from my company? ...please note I have been with the same employer for at least 6yrs...started off with the fresh talent visa before switching to WP...my employers have confirmed they still need my services..
When is the earliest date to send in my teir 2 general application as my current work permit expires on the 8th of may?
If I swicth to the tier 2 (general) will I have to spend five years on that before I apply for my ILR..or can I still qualify after my conviction becomes spent which should be in february 2013.
i am no expert in WP related matters. only know about Tier1/HSMP 'cuz I have done my own research.

thanks @innocentdevil....anyone in the house with some advice please!!!

surprised77 · Post by **surprised77** » Wed Feb 08, 2012 11:21 pm

sushdmehta wrote:If you have unspent conviction(s) the only option(s) available to you is that you apply for extension if you qualify for one as and when it is due or leave UK before expiry of your current leave.

I recently got my ILR (Feb 2012) with Unspent DR10. WP+HSMP+Tier1. Not covered under HSMP JR.

armor123 · Post by **armor123** » Sat Feb 11, 2012 11:32 am

HI surprised77 & all board members,

i am in same boat, let us know when did you had this DR10 offence i mean in which year.

I am here in this country since last 7 year and have only one DR10 offence did in feb2009 and will apply for ILR in may 2012. Do you think I need to apply for this.(any way I do not have another choice as I am on WP visa since June 2007).

All board members please let me know your thoughts.

Ashna · Post by **Ashna** » Tue May 01, 2012 7:15 pm

Dear Legit,

Have you switched over to Tier 2 yet?? Hope not..

LASPO bill amendment that was started mid 2011 (that includes Rehabilitation of Offenders) was given a royal assent this afternoon. So it is now a law.. Your criminal conviction rehab period should have ended..

According to the amended act, rehab period for fines is one year (was 5 years)..

Cheers..

scrapper · Post by **scrapper** » Tue May 01, 2012 8:28 pm

legit2011 if you have some spare or extra cash that you are willing to take risk with, i would suggest that you apply for a premium PEO appointment in Solihull - Birmingham .

Solihull is very famous for not taking payment before the decision is made. If they think you cannot be granted ILR they will not charge you fee.

I think you should try your luck.

But please declare your convictions on the form.

Let us know how it goes?

dsoso · Post by **dsoso** » Tue May 01, 2012 11:18 pm

hello surprised 77,i just saw yr post about you recently being granted ilr despite an unspent drivin offence.congrats first of all but as im in similar boat with the offence of drinvin without insurance being unspent. I would like to ask how you escaped this please?
Did you apply for a subject access request from the PNC database?how did your application go?
A detailed response and advice will be highly appreciated as my offence is unspent and im due for my ilr nxt mth.
Thanks

dsoso · Post by **dsoso** » Tue May 01, 2012 11:19 pm

hello surprised 77,i just saw yr post about you recently being granted ilr despite an unspent drivin offence.congrats first of all but as im in similar boat with the offence of drinvin without insurance being unspent. I would like to ask how you escaped this please?
Did you apply for a subject access request from the PNC database?how did your application go?
A detailed response and advice will be highly appreciated as my offence is unspent and im due for my ilr nxt mth.
Thanks

legit2011 · Post by **legit2011** » Wed May 02, 2012 1:03 pm

@scrapper...I recently extended my visa on Tier2. I decided not to take the risk but rather wait until jan 2013 when my convictiosn will become spent. Good thing, my employer coverd my premium service Tier 2 visa

, I now have a residence 'fancy' card which i carry along (extra luggage)

legit2011 · Post by **legit2011** » Tue Aug 07, 2012 9:40 am

Hi,
I have a question and would appreciate a way out of this.

If you read my previous posts I have an unspent conviction DR10 in 2008 which should become spent by February 2013. I have been with the same employer since 2007 and now considering a move through an umbrella company for a contracting role.

• Work permit issued in June 2007 same employer till date.
• Couldn’t go for ILR this year May 2012 because of the unspent conviction instead opted of an extension on Tier 2 (so presently on Tier 2 for the next 3years)

Now these are my concerns;
• What length of time will be considered if I go for my ILR in Feb 2013 (convictions spent), Is it the first 5years from 2007 – 2012 or will the extra year 2012 – 2013 be counted as well?

I have asked my present employer to sign off my UK absences with the template I got from this forum, (should in case I leave them before Feb 2013) Will this signed cover letter and my UK absences spread sheet count (if I leave my present employers now) or will I be required to submit a most recent one closer to the Feb 2013 date?.

Would you have any information that I need to be aware off if I have to leave my present employers for another before the Feb 2013 date that may likely affect my ILR application in 2013.

Any assistance will be highly appreciated and thanks for your time reading through my post.

Regards

Legit2011

legit2011 · Post by **legit2011** » Tue Aug 07, 2012 2:21 pm

Members can you help out please!!!!

innocentdevil · Post by **innocentdevil** » Tue Aug 07, 2012 8:46 pm

have you done a CRB check? if yes then there is nothing on there then you do not need to worry.

legit2011 · Post by **legit2011** » Wed Aug 08, 2012 10:52 am

@innocentdevil...seems you misunderstood my note.
Yes I ahve done a CRB and it came up with the unspent conviction two months ago, but they should be spent after 5yrs (feb 2013).
The plan is to carry out another CRB check early 2013 to be sure it has been spent and apply for ILR. However my question is:

1) If I have to leave to my present employer for a contracting role with an umbrella company will there be any issues to a successfull ILR application in 2013 assuming my unspent conviction becomes spent.
2) The 5yrs qualification period for ILR should count from 2007 - 2012??? is 2012 - 2013 going to be considered for any reason??

Any assistance will be aprpeciated folks

innocentdevil · Post by **innocentdevil** » Wed Aug 08, 2012 11:11 am

i get it now. convictions become spent after 4 years but they stay on license for 5 years.

i had 3 speeding points SP50 in 2007, they are spent but they can only be taken off license counterpart after december this year.

hope this helps.

i think i have seen a case or do where people have got the ILR with drink driving

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