ILR Help Needed

[sidz2k2]

Hi there

I have been reading this forum and have given me loads of great ideas and has helped me alot over the years. I am now facing an issue that has forced me to reach out for some guidance and feedback from everyone who can relate to this situation. I will try to be precise and to the point, so i don't end up wasting anyone's time:

Current Status: Tier 1 General. Expiring 28 April 2014

Situation:

On 30 Aug 2011, I had a speeding offence, doing 50 in a 40 zone and was flashed by a speed camera. I was not aware of it and carried on. After few weeks, I actually moved my house (as i rent a property and was moving to a new place) and I forgot to update the address for my car registration and my driving licence. It wasn't until end of 2011 that i realised this and updated my address. My first extension under Tier 1 General was due in March 2012 and I had already applied for the extension but then i received (out of the blue) a letter of requisition from the Waltham Forest court, that they had tried to contact me and because I didn't respond to their notes, I am being summoned to appear in the courts to contest my conviction. Long story short, I pleaded guilty by post, sent in a letter to explain my circumstances, sent in my licences and eventually got a £250 fine and 3 points on my License.

Detail: Convicting court code - 2574, Offence Code SP30, Date of offence 30-08-11, Date of conviction 04-04-12

My visa extension applicationw as still in processing so as soon as i got my counterpart back, I attached all the letters, the documents and sent them to UKBA, as my circumstances had changed. Week after i sent these documents, I got the news that my application was successful and I had been give 2 year extension to my Tier 1 General visa, ending on 28 April 2014. 2 weeks after that i got all my documents back from Home office, saying that

"Thank you for your letter informing us of your motoring offence. We have considered the information you provided and, although the offence has been noted and recorded on our system, no action has been taken and you may continue your employment under the Tier 1 General provision"

So that's the situation. I am now in that 1 year period before the ILR application and having gone through this forum and having had a discussion with a lawyer, I reach a conclusion that this situation can potentially impact my ILR application and it can be refused. I have recently applied for the PNC and CRB (Basic) self check, to see what information is being held against my name. I am also planning to schedule a session with a barrister specialising in Criminal law (if need be) to understand if and what, impact this will have on my application and if there is anything i can do to mitigate this situation. But before that, I wanted to put this post here, so if there are folks out there who have had similar scenarios or car relate to this situation, would like to pick your brains.

Please feel free to comment and ask any questions you may have. Thank you!

Sidz

[Amber]

Hi there

I have been reading this forum and have given me loads of great ideas and has helped me alot over the years. I am now facing an issue that has forced me to reach out for some guidance and feedback from everyone who can relate to this situation. I will try to be precise and to the point, so i don't end up wasting anyone's time:

Current Status: Tier 1 General. Expiring 28 April 2014

Situation:

On 30 Aug 2011, I had a speeding offence, doing 50 in a 40 zone and was flashed by a speed camera. I was not aware of it and carried on. After few weeks, I actually moved my house (as i rent a property and was moving to a new place) and I forgot to update the address for my car registration and my driving licence. It wasn't until end of 2011 that i realised this and updated my address. My first extension under Tier 1 General was due in March 2012 and I had already applied for the extension but then i received (out of the blue) a letter of requisition from the Waltham Forest court, that they had tried to contact me and because I didn't respond to their notes, I am being summoned to appear in the courts to contest my conviction. Long story short, I pleaded guilty by post, sent in a letter to explain my circumstances, sent in my licences and eventually got a £250 fine and 3 points on my License.

Detail: Convicting court code - 2574, Offence Code SP30, Date of offence 30-08-11, Date of conviction 04-04-12

My visa extension applicationw as still in processing so as soon as i got my counterpart back, I attached all the letters, the documents and sent them to UKBA, as my circumstances had changed. Week after i sent these documents, I got the news that my application was successful and I had been give 2 year extension to my Tier 1 General visa, ending on 28 April 2014. 2 weeks after that i got all my documents back from Home office, saying that

"Thank you for your letter informing us of your motoring offence. We have considered the information you provided and, although the offence has been noted and recorded on our system, no action has been taken and you may continue your employment under the Tier 1 General provision"

So that's the situation. I am now in that 1 year period before the ILR application and having gone through this forum and having had a discussion with a lawyer, I reach a conclusion that this situation can potentially impact my ILR application and it can be refused. I have recently applied for the PNC and CRB (Basic) self check, to see what information is being held against my name. I am also planning to schedule a session with a barrister specialising in Criminal law (if need be) to understand if and what, impact this will have on my application and if there is anything i can do to mitigate this situation. But before that, I wanted to put this post here, so if there are folks out there who have had similar scenarios or car relate to this situation, would like to pick your brains.

Please feel free to comment and ask any questions you may have. Thank you!

Sidz

Well arranging an appointment with a Barrister won't happen. However, if your court issued FPN is not recorded on your criminal record it will not be a general grounds for refusal.

[sidz2k2]

Thanks Amber

So you are suggesting I only check the PNC and CRB and don't arrange a session with the Barrister?

[Amber]

Thanks Amber

So you are suggesting I only check the PNC and CRB and don't arrange a session with the Barrister?

You don't need to see a Barrister. Yes, ask for SAR from your local police station for information held on the PNC.

[sidz2k2]

[quote="D4109125"][quote="sidz2k2"]Thanks Amber

So you are suggesting I only check the PNC and CRB and don't arrange a session with the Barrister?[/quote]

You don't need to see a Barrister. Yes, ask for SAR from your local police station for information held on the PNC.[/quote]

Ok. Thanks for the advice, I will chase SAR and will get back to this forum.