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ILR and court convictions urgent help!!!

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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yanik85
Newly Registered
Posts: 18
Joined: Sat Jul 06, 2013 1:16 pm

Post by yanik85 » Sat Jul 06, 2013 2:17 pm

Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do :-(
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Sat Jul 06, 2013 2:19 pm

yanik85 wrote:Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do :-(
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....
Continue in your other thread
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