Ilr- court fine

[Siromalai]

Is it an automatic refusal if you apply for ILR if you are fined in court? My case is still pending as I am awaiting for a court decision. Can anyone help pls? Thx.

[John]

Assuming that you plead guilty, or are found guilty, what would the conviction be for? What criminal offence?

[Siromalai]

It will most probably be a fine for speeding. Does the case worker use discretion or is it an automatic refusal?

[Amber]

The general grounds for refusal would be for a 24 month period for a conviction at court.

[Siromalai]

Thank you for your response Amber. I just wanted to clarify a few points.

I made an application for ILR as dependant in my wife's visa. She was on a Tier 1 visa but not got ILR. We did not apply together as I could not attend the PEO on that particular day. When we went there the case worker held my application until the court reaches a decision. I will most probably get a fine for speeding. Does that mean that my application for ILR will be refused? Or can the case worker still use his discretion to grant me the ILR based on the fact that he held the application. He could have refused it there and then.

Also, the Uk Border website still says 5 years for a fine conviction to become spent. Where did you get the 24 months from.

Thank you

[Siromalai]

I meant my wife DID GET THE ILR..... Typo error

[Amber]

It is 24 months for a non-custodial conviction, your case should be refused if you are convicted, you should perhaps vary and extend until the allocated time has lapsed.