ILR refused because of unspent traffic offence

[faisallt]

I got my ILR refused yesterday, because of driving offence i had on june 2010. got a letter said I have unspent conviction which is not clear off till july 2015. My driving offence was of over speeding, which I got ban for 6 month till december 2010. CRB and SC clearance got clear with no unspent conviction, I was honest and told this in my application.

I know the rule has been changed now in 13th december 2012 that the spent period is of 2 years only, but I applied in september 2012, that's why got refused. My question is if I appeal against the decision or I have any other options?

I am professional living in the country with my wife and two children born in UK. girl is 3 years old and boy about 10 months. I am getting a solicitor to appeal the decision, do I have any other option to extend my leave further till july 2015? my original leave expired in october 2012, after I applied for ILR, my application took 10 months in processing.

Please give any advise

[Amber]

I got my ILR refused yesterday, because of driving offence i had on june 2010. got a letter said I have unspent conviction which is not clear off till july 2015. My driving offence was of over speeding, which I got ban for 6 month till december 2010. CRB and SC clearance got clear with no unspent conviction, I was honest and told this in my application.

I know the rule has been changed now in 13th december 2012 that the spent period is of 2 years only, but I applied in september 2012, that's why got refused. My question is if I appeal against the decision or I have any other options?

I am professional living in the country with my wife and two children born in UK. girl is 3 years old and boy about 10 months. I am getting a solicitor to appeal the decision, do I have any other option to extend my leave further till july 2015? my original leave expired in october 2012, after I applied for ILR, my application took 10 months in processing.

Please give any advise

Why did you not seek advice prior to the application, you should have extended your stay until December and then applied for settlement. You need to look at a new application, your solicitor should advise you! You have a conviction which was not spent, thus, the decision was correct. What was your application based on? Private life/spouse visa?

[faisallt]

I was on HSMP/Tier 1, could I still launch a new application now?

[Amber]

I was on HSMP/Tier 1, could I still launch a new application now?

You should seek legal advice as you said you intended to.

[JohnM]

What was the exact description of your offense? You mentioned speeding. You also mentioned unidentified driver. What does it mean? For speeding you usually get points / fines, especially if it's the first time and there were no accidents.

[Amber]

What was the exact description of your offense? You mentioned speeding. You also mentioned unidentified driver. What does it mean? For speeding you usually get points / fines, especially if it's the first time and there were no accidents.

The OP got banned for 6 months and fined. It was a conviction that was not spent.