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Hi,

I have been following the forum since long and need urgent help from senior members.

Me and my husband applied for our ILR on 13 January through a solicitor. The only reason for applying it through a solicitor was that my husband had a unspent driving conviction. He had a driving offence in 2009, it was a fail to stop and fail to report case (code AC 20).

The solicitor was very sure that it is a minor offence and we will get ILR.
On 13 after applying we were informed that our application is deffered to senior case worker and will have to wait for the decision.

Today the solicitor told us that she has talked to some senior case workers and they have told that our application tends to get refused and hence she has withdrawn our application.

Is it possible for solicitors to actually talk to senior case workers after applying?

Simi UK wrote:Hi,

I have been following the forum since long and need urgent help from senior members.

Me and my husband applied for our ILR on 13 January through a solicitor. The only reason for applying it through a solicitor was that my husband had a unspent driving conviction. He had a driving offence in 2009, it was a fail to stop and fail to report case (code AC 20).

The solicitor was very sure that it is a minor offence and we will get ILR.
On 13 after applying we were informed that our application is deffered to senior case worker and will have to wait for the decision.

Today the solicitor told us that she has talked to some senior case workers and they have told that our application tends to get refused and hence she has withdrawn our application.

Is it possible for solicitors to actually talk to senior case workers after applying?

Yes some of the solicitors have contacts with the PEO offices. Solicitors however cannot influence your case by anyways through their contacts in the PEO office.

Today i had been to Glasgow PEO office and i have seen some applicants had come along with their Solicitors. I observed that the Solicitors know many of the folks within the PEO office as they speak to each other just as friends. Hope this info helps.

Hi

This is possible depend upon how good is your solicitor. but having said that have you paid PEO fees, which PEO ? if your case is with caseworker then its hard to withdraw. I am not very sure?
If you solicitor is that much connected with HO then they should talk to senior caseworker before applying?

That is the thing....we are confused that y they never confirmed this before applying. Now the application is withdrawn and they r working on tier 2 general. Our visa is expiring on 29 jan.

Is it possible to apply after the visa expiry??

It's possible to apply for Tier 2 after leave's expiry (245HD(b)). However, it's better to apply beforehand. Moreover, why not vary the application rather than withdrawing it?

Yes I think the solicitor has vary the application as we just Hv to send the new signed application.
Any idea as how much time will this application take, it's now a tier 2

Hello Simi,
I have been facing the same issue and got the court summon. Do you have any updates???

Regards
Sidd

I have been following the forum since long and need urgent help from senior members.

Me and my husband applied for our ILR on 13 January through a solicitor. The only reason for applying it through a solicitor was that my husband had a unspent driving conviction. He had a driving offence in 2009, it was a fail to stop and fail to report case (code AC 20).

The solicitor was very sure that it is a minor offence and we will get ILR.
On 13 after applying we were informed that our application is deffered to senior case worker and will have to wait for the decision.

Today the solicitor told us that she has talked to some senior case workers and they have told that our application tends to get refused and hence she has withdrawn our application.

Is it possible for solicitors to actually talk to senior case workers after applying?[/quote]

Hi,

What is the court summon, is it a driving offence. Can you brief regarding the type of offence??

Simi UK wrote:Hi,

What is the court summon, is it a driving offence. Can you brief regarding the type of offence??

hello,
actually I got court summon regarding failure to stop and failure to report. My ILR is due in couple of months. you are in the due process of ILR...what happened with you??? Did you get ILR?

Regards
Sidd

We have not got the ILR, if you are convicted for the offence then it's not possible to get an ILR. You will have to mention it in your application. If you apply ILR before the judgement then your case will be on hold, I think!!

If you have any unspent convictions then it's not possible to get ILR

Simi UK wrote:We have not got the ILR, if you are convicted for the offence then it's not possible to get an ILR. You will have to mention it in your application. If you apply ILR before the judgement then your case will be on hold, I think!!

If you have any unspent convictions then it's not possible to get ILR

What you did then? Extend your visa? how long you got extension 2 years or 3 years?

I believe it is wrong for Solicitor to get you to apply, when a know very well that unspent conviction of whatever kind will result in a failed ILR application, and a loss of your application fee.

Rather, they should have adviced you to apply for FLR until conviction becomes spent.

What penalty did this person receive, and do you know when the conviction will be spent.

Obie wrote:I believe it is wrong for Solicitor to get you to apply, when a know very well that unspent conviction of whatever kind will result in a failed ILR application, and a loss of your application fee.

Rather, they should have adviced you to apply for FLR until conviction becomes spent.

What penalty did this person receive, and do you know when the conviction will be spent.

Hello,
I got 200 pound penalty and five points. Does this Ammendment in Rehabilitation act helps me, bcoz they propose to reduce rehab time for fines to one year?

The bill is still with the house of commons, it will take some time. But yes if these amendments get passed then there is some hope.

Otherwise this kind of conviction get spent after 5 years.

ssidd wrote:

Simi UK wrote:We have not got the ILR, if you are convicted for the offence then it's not possible to get an ILR. You will have to mention it in your application. If you apply ILR before the judgement then your case will be on hold, I think!!

If you have any unspent convictions then it's not possible to get ILR

What you did then? Extend your visa? how long you got extension 2 years or 3 years?

Yes we have applied for a tier 2 as my husband's company has sponsored it. We will be getting 2 years now that is the max on tier2.

[quote="ssidd"][quote="Obie"]I believe it is wrong for Solicitor to get you to apply, when a know very well that unspent conviction of whatever kind will result in a failed ILR application, and a loss of your application fee.

Rather, they should have adviced you to apply for FLR until conviction becomes spent.

Well our visa fees is paid by my husband's company. The conviction is fail to stop and fail to report AC20. It will be spent after 5 years. It took place in nov 2009.

@simi..i have a similar case...been with the same employer on workpermit for 5years now......due for ILR but can't because of unspent conviction...hence will have to do the FLR...my question is ....did your company have to get you a certificate of sponsorship (COS) before applying for the FLR??..Or did they provide you witha letter saying they are still willing to keep you..??

Hi,

My husbands company gave a COS, you will need this for FLR.