ILR visa status

[ganiraja0771]

Applied in July 2012
Anknowledge received in Aug 2012
Biometrics completed in Nov 2012
Called UKBA from Jan 2013.
Called UKBA this week. It was mentined a parcel has been sent to your address and this is part of our process. Your application is yet to completed. I am confused whether my application got approved or refused. I have not received the parcel so far.

Any help from any one please

Mam07

[Amber]

Applied in July 2012
Anknowledge received in Aug 2012
Biometrics completed in Nov 2012
Called UKBA from Jan 2013.
Called UKBA this week. It was mentined a parcel has been sent to your address and this is part of our process. Your application is yet to completed. I am confused whether my application got approved or refused. I have not received the parcel so far.

Any help from any one please

Ganesh

Parcel I imagine they mean your biometric Residency Permit, though this would indicate that your application is complete. Could be a request for further information or your documents sent back. Call 0844 371 0000 and ask if they've got anything for you. Get your local MP to chase it.

[ganiraja0771]

Received the Parcel today and it said that ILR is refused. This the following reason

"You have mentioed us on application form SET O that you were convited of a mortoing office and as consequence were fined £165.00. As a result of this convition, you do not satify the requirment of paragraph 245CD(a) of the immigration rules and your application is refused".

I did motoring conviction of SP30 in Dec 2007 (Over speed on the restricted road). I was holding Indian license at the time of conviction and I have paid the fine in the court £165.00.

Please any one help whether motoring conviction (Over speed) affect ILR process
Mam07

[Amber]

Received the Parcel today and it said that ILR is refused. This the following reason

"You have mentioed us on application form SET O that you were convited of a mortoing office and as consequence were fined £165.00. As a result of this convition, you do not satify the requirment of paragraph 245CD(a) of the immigration rules and your application is refused".

I did motoring conviction of SP30 in Dec 2007 (Over speed on the restricted road). I was holding Indian license at the time of conviction and I have paid the fine in the court £165.00.

Please any one help whether motoring conviction (Over speed) affect ILR process
Ganesh

The issue is:

You applied before December 2012 therefore paragraph 245CD(a) of the immigration rules still applied this has now been deleted. That means that your court fine was not ‘spent’ which means the court fine would still cause a refusal until December 2012 and you applied in August 2012. That is very unlucky and you should have sought advice before applying. However, you now, do not exceed the criminality threshold as your court FPN should not count as a non-custodial sentence though, the Court fine could depending on the context. However, as it has been more than 24 months since the conviction is should pose no issue.

[ganiraja0771]

Thanks for your reply.

Please advise the below

1. If I go for an appeal, Will outcome of the appeal success?
2. Do you have any idea how long the decision of the appeal takes?

[Amber]

Thanks for your reply.

Please advise the below

1. If I go for an appeal, Will outcome of the appeal success?
2. Do you have any idea how long the decision of the appeal takes?

The court fine would have been spent after 5 years from the date it was given which would have been December 2012. Therefore, the decision was correct as you had an unspent fine and your application was being considered under the pre-December 2012 rules. However, in December 2012 the criminality threshold changed and a court fine would be considered not relevant after 24 months or perhaps straight away (a court issued FPN). Thus, if you had applied after December 2012 you would not have had any issues.

I think that it is very unfair to refuse your application and that you should seek legal advice asap.

[ganiraja0771]

Hi

Thanks.

Please advise the below

1. If I appeal now then UKBA will treat my application as fresh or not. If fresh then my court conviction will go off (Conviction will go after 24 months)

2. Rather than going for an appeal, Can I get my passport now and apply as a fresh by single day appointment. if it is possible, then what is the last date I need to apply.
Note: My earlier visa expired on 14/12/12.

Please advise which is one the best option now.

[Amber]

Hi

Thanks.

Please advise the below

1. If I appeal now then UKBA will treat my application as fresh or not. If fresh then my court conviction will go off (Conviction will go after 24 months)

2. Rather than going for an appeal, Can I get my passport now and apply as a fresh by single day appointment. if it is possible, then what is the last date I need to apply.
Note: My earlier visa expired on 14/12/12.

Please advise which is one the best option now.

If you still meet the requirements for ILR then you could reapply within 28 days of the decision but you might need to get an extension first, the sooner the better, at a PEO for a same day decision. You should get legal advice regarding the appeal as you only have a limited time to appeal.

[ganiraja0771]

Hi,

Require advise.

I have approached few solicitors and few othem mentioned that we can submit a fresh application withing 28 days and few of them mentioned that we can't. Any advise please

Also if I go for single day appointment, Will UKBA accept the "Banker's draft"?

Mam07

[Amber]

Hi,

Require advise.

I have approached few solicitors and few othem mentioned that we can submit a fresh application withing 28 days and few of them mentioned that we can't. Any advise please

Also if I go for single day appointment, Will UKBA accept the "Banker's draft"?

Mam07

You should seek advice from an OISC registered caseworker. Yes Banker's drafts are accepted for PEO appointments.

[ganiraja0771]

Thanks for your quick reply.

The caseworkers from OISC mentioned that you can submit your application within 28 days for you and your family. Also if you wish, you can submit your application first then go for an appeal for your family.

Any advise please

Mam07

[Amber]

Thanks for your quick reply.

The caseworkers from OISC mentioned that you can submit your application within 28 days for you and your family. Also if you wish, you can submit your application first then go for an appeal for your family.

Any advise please

Mam07

I think that is a wise idea.

[ganiraja0771]

Any help please

For single day appointment, will case worker expect the letter from the employer if annual paid holiday (travelled to outside UK)

5 days in Apr 2011 and 13 days in July 2011

If NO letter from the employer, what kind of evidences we can provide if required

1. I do have travel itenary for Apr 2011 leave
2. I do have leave approval details from my supervisor for July 2011 leave.

Please advise

Mam07

[ganiraja0771]

My ILR got approved and received the biometric card

Can I incur the public funds now like job seeker;s allowance and incapacity benefits

Mom07