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Unspent overspeeding conviction - ILR due in 8 months

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ninja_turtle
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Joined: Thu Dec 10, 2015 6:38 pm

Unspent overspeeding conviction - ILR due in 8 months

Post by ninja_turtle » Wed Jun 14, 2017 2:53 pm

Hi Friends ,

I need some help to get out of the sticky situation I am in.

I am completing 5 years on Tier 2 General visa in Feb 2018. I have my visa until Nov 20018.

In June 2017(this month) I got a court conviction for overspeeding on a motorway. I was awarded 6 points and £589, I appealed went to court and got it reduced to 5 points and £400. I am now concern if I can apply for ILR in Feb 2018 or if I need to wait ? If i have to wait for 24 months before applying for ILR, it will be June 2019. I don't think I am allowed to stay on Tier 2 general for more than 6 years(6 years completes in Feb 2019). I have a wife on dependent visa, if that's of any value.
I would need some expert guidance , if I can get an ILR next year or do I need to go back to India because there is no way of extending the visa ?
Regards,
Sahil Pahuja

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zimba
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Re: Unspent overspeeding conviction - ILR due in 8 months

Post by zimba » Wed Jun 14, 2017 4:10 pm

You cannot apply for ILR within 24 months of having a court conviction. You either have to switch or leave the UK I am afraid.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Rkkhawaja
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Joined: Thu Jun 15, 2017 11:16 am

Re: Unspent overspeeding conviction - ILR due in 8 months

Post by Rkkhawaja » Thu Jun 15, 2017 11:38 am

Hi!
It really is based on caseworker discreation. My husband just completed his 5 year route on a teir 2 on the 12th of june, he had a motoring conviction. He had accumulated 4 FPN for speeding and had gotton a totting up driving ban for 6 months on 8th feb 2016 after a court hearing
He applied on the 13 th of june 2017. In section 7 or set o form we mentioned the ban on the criminal convictions section. But wrote a smaller letter addressed to the caseworker explaining that the court convivtion was just due to speeding and submitted our CRB which was clean. Got our ILR in half and hour!
Good luck!

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