Effect of guilty plea on ILR and Naturalisation

[makkan00]

Dear All,
I have posted this question in Naturalisation and I have recieved one reply so far excluding question for ILR. Therefore I am posting my questions here to seek advice.
Kindly contribute to what you know to your best knowledge.

This question is applicable to both ILR and Naturalisation.

Unfortunately, I have been involved in road traffic accident. Stating my situation, I have been told that I will be summoned to court to get prosecuted. I may be charged for careless driving and in worst case, I may be charged for dangerous driving. No injuries involved (other than possible typical whiplashes).

I would like to ask, what should I do. I am responsible for the accident as I hit the other car from the rear and it created chain effect. Now when it goes to the court, I have made my mind that I will go for guilty plea.

My previous history is 3 fixed penalty points (SP30: exceeding 30MPH) and it was unintentional.

Now with guilty plea, I may get 6-9 points further on my license and possible ban for 3-12 months or fine depending on how witnesses describe it and court takes it. Careless driving or dangerous driving.

My current immigration situation is Tier 1 general.

My Questions to experts here are:

1- Will this effect on my ILR which is pending at the end of 2013? While honouring ILR does conviction effect?

2- Will this effect on my Naturalisation?

3- Will guilty plea help at any stage?


I hope somebody will answer my concerns. Many thanks.

[innocentdevil]

not sure about guilty plea and conviction by court specially in case of dangerous driving because it is a serious offence.

you can however safely ignore one FPN for SP50.

[makkan00]

Will any court conviction effect ILR or not?

I am under the impression that any conviction effects naturalisation and not ILR. Is that correct or am I missing here correct information?
Thanks.

[bob-russell]

ILR:

"Changes affecting all applicants

Anyone applying for Indefinite Leave to Remain from 6th April 2011 onwards should be free of all unspent convictions at the time of application."

As far as naturalisation is concerned:

Section 3 - good character
You should complete this section as fully as possible. You must provide details of all criminal convictions including road traffic offences, but not fixed penalty notices unless they were given in court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared.

You do not need to provide details of any convictions which are ?spent?. Information on how a conviction becomes spent can be found in the section on good character.

You should provide details of any offence for which you may go to court are awaiting a hearing in court. This includes if you were arrested for an offence and are waiting to hear if you will be charged. If you are living in Scotland, all recent civil penalties must be declared.

Convictions have to be disclosed for both ILR and naturalisation. I suspect from this that ILR would not be granted until the case has been decided in court.

[makkan00]

Thanks Bob.

Just wondering, can dependents of Tier 1 apply for ILR after spending 5 years in this country?

Or dependents of tier 1 can only apply when main applicant is applying?

[makkan00]

ILR:

"Changes affecting all applicants

Anyone applying for Indefinite Leave to Remain from 6th April 2011 onwards should be free of all unspent convictions at the time of application."

Can somebody please define unspent conviction?

Lets say if I get prosecuted for careless driving resulting in fine to pay and 6 points on my license, will that be considered as spent conviction or unspent conviction?

And if it is unspent conviction, after how much time will it become spent convication?

Looking at this guide: http://www.lawontheweb.co.uk/Road_Traff ... enders_Act

It stated that for fine, rehabilitation period is of 5 years, and after 5 years, offence become spent.

So does that mean if I get sentenced to pay fine and get penalty points, will I have to wait for 5 years to make this as 'Spent' to become eligible to apply for ILR?

Many thanks.

[innocentdevil]

So does that mean if I get sentenced to pay fine and get penalty points, will I have to wait for 5 years to make this as 'Spent' to become eligible to apply for ILR?

Many thanks.[/quote]

yes because thats when it will be SPENT. you can ignore minor Parking fine and speeding FPNs though

[quantum1]

ILR:

"Changes affecting all applicants

Anyone applying for Indefinite Leave to Remain from 6th April 2011 onwards should be free of all unspent convictions at the time of application."

Can somebody please define unspent conviction?

Lets say if I get prosecuted for careless driving resulting in fine to pay and 6 points on my license, will that be considered as spent conviction or unspent conviction?

And if it is unspent conviction, after how much time will it become spent convication?

Looking at this guide: http://www.lawontheweb.co.uk/Road_Traff ... enders_Act

It stated that for fine, rehabilitation period is of 5 years, and after 5 years, offence become spent.

So does that mean if I get sentenced to pay fine and get penalty points, will I have to wait for 5 years to make this as 'Spent' to become eligible to apply for ILR?

Many thanks.

Yes, depending on wether you are convicted or not you will have to wait 5 years for this to become spent. However, having a conviction does not automatically mean that you cannot apply for ILR. Some people on this forum have applied with a conviction and been granted ILR. It will depend on the seriousness of the charge and the discretion of the case worker.

[makkan00]

Thanks guys.

As mentioned earlier that I am on point based system Tier 1 general, and my dependents are also here (Mrs and children).

Now if I get convicted fine and points in the court and I am not eligible to apply for ILR, will my dependents (especially Mrs) be able to apply for ILR (as a dependent of point based system Tier 1 general)? or Dependent cannot apply without main applicant?

Can somebody answer if my dependent can at least apply for ILR?

I am really scared now, reason being, if I cannot apply ILR and as a result if my dependents cannot do so due to me being spending rehabilitation time, it will be worrying.

That means, they will still stay as my dependents on tier 1 general and rules may change by then. If due to any rule changes, UK BA stop tier 1 extension after 5 years, we will be left with no other option to leave this country?


Looking forward to hear from you. I am really worried now and anxiously waiting for your replies.

Thanks.

[makkan00]

Any takers on my question?

Can dependent of Tier 1 general apply for ILR without main applicant?

Many thanks.

[innocentdevil]

if they are dependents then they have to go through you. but if for some reason the dependent (your wife) can change her status and isn't your dependent anymore then she can do that.

or if she has completed 10 years lawfully.

[bob-russell]

There are other options such as FLR. This tends to be granted in a lot of situations as a holding exercise.

The guidance from the government does say 'should' not 'must'. If it gets to that stage you should get legal advice to make sure you take the right route.

I presume you will be represented in court so talk to your legal adviser. They should have access to suitable specialist advice.

Things like this are rarely black or white so try not to panic.

[makkan00]

if they are dependents then they have to go through you. but if for some reason the dependent (your wife) can change her status and isn't your dependent anymore then she can do that.

or if she has completed 10 years lawfully.

Thanks innocent. Tier 1 general route is closed now, tier 2 requires certain earnings to become eligible, which I doubt, she would be able to do.

So is there any other immigration status left for her to go on, other than tier 1 or tier 2?
I very much doubt it.

Speding 10 years lawfully depend on main applicant. If for any reason, if I do not get extension of tier 1, we will be messed up.

thanks.

[makkan00]

There are other options such as FLR. This tends to be granted in a lot of situations as a holding exercise.

The guidance from the government does say 'should' not 'must'. If it gets to that stage you should get legal advice to make sure you take the right route.

I presume you will be represented in court so talk to your legal adviser. They should have access to suitable specialist advice.

Things like this are rarely black or white so try not to panic.

Thanks Bob.
I guess FLR route is for the partner of british citizens or of those who have ILR.
In my case, if I will not qualify for ILR, how can my family members go for FLR? Am I missing here something?

My solicitor will be experienced in handling traffic offences but not immigration, when I will be prosecuted for this. And I am not sure whether my immigration status should be discussed there or not.
I am too scared and thinking, If it is discussed during the hearing, I may get max sentence.