Immigrationboards.com

my case is not complicated but i need very clear answer so that I can act accordingly


My case for ILR comes under HSMP-JR as I have applied for HSMP in Oct 2006 and got approved. Went back to my country for stamping and then came to UK in Mar 2007 on HSMP and due to apply for ILR in march 2012

In the year 2007 some time in June, I was stopped by London Underground Ticket inspector. I had a little aurgument with him (verbally) and he decided to prosecute me for ticket offence in the court. Month after I received summon and received the form as well if I want to plead guilty on paper. I pleaded gulity on paper bcoz I wanted to avoid going to court and then received another letter saying Im FINED £150. I paid it immediately. End of Story.

1. Later never had any problems. I never declared it anywhere in any application to home office. I didn't even declared on the visa extn form.

2. Due to my nature of job, I get enhanced CRB check every 2 years and got about 4 CRBs till now with the latest one done in Septemeber 2011. All were clear.


Q1: Do i need to declare that when applying for ILR in march 2012?


Q2: If yes, will i be refused ILR?

Q3: Even if I have to declare, how can i get details as I dont even remember which court was that. I don't remember anything about it.

PLEASE HELP!!!!

Any advise / sugggestions would be really useful.

You are in a tricky situation.

Even if you did not attend court you were fined by court so it will take 5 years from the date of conviction for the conviction to be spent.

Best to mention your conviction.

You have 2 options:

1. Risk your money and applied for ILR in March(early on- in person) and if refused apply for further extension.

2. Apply for further extension in Feb then after June 2012 you could apply for ILR.

Fines like these usually do not appear on CRBs.

Moderators- correct me if I am wrong. thanks

thanks for reply.

I had been CRB checked 4 times since then all were ENHANCED CRB's, not a standard one.

I also obtained UK Police Certificate in October 2010 as I had to apply for US Permanent Visa. Nothing came up on it as well.

1. Is it possible that this fine didn't get reported for records?
2. Is 5 year rule apply for ILR- JR cases as well?

i want senior moderators to reply on this please as i need to act accordingly.

thanks

new2012 wrote:i want senior moderators to reply on this please as i need to act accordingly.

thanks

if you require an urgent reply then perhaps consider paying for advice rather than demanding that 'senior moderators' reply on a Sunday night when you haven't had a response for 40 mins.

IMHO, people covered by HSMP-JR are not subject to this criminality threshold. Read this.
So, I don't think you ILR application will be affected by this, happy to be corrected.

what a great relief.

But the main question still remain as I don't want to lie in my application.
Do i still need to declare or leave it blank?
I didn't declare it when I have got extension though?

many thanks

new2012 wrote:what a great relief.

But the main question still remain as I don't want to lie in my application.
Do i still need to declare or leave it blank?
I didn't declare it when I have got extension though?

many thanks

Declaring it should have no adverse effect.

thanks dear.

but what if I don't declare as I didn't declare it before as well?
if they found out, are they going to refuse my application saying I lied?

secondly, I am still confused over this as it never came up on PNC or Enhanced CRB, so, should I really be worried. Can HO find out about this other than PNC, CRB ?

new2012, as you are under HSMP JT, the ILR criminality threshold doesn’t apply to you.

Also, as you have got your enhanced CRB checked few times and also got police clearance certificate, I think you will be fine even if you declare it.

I am wondering if it was a criminal conviction, it would have appeared on enhanced CRB, so looks like you don’t have any more convictions.