Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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FriendlyGhost
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by FriendlyGhost » Sat Jul 20, 2013 5:32 pm
Later this year, I will be completing the requirements for ILR application. However, about 16 months ago (from now) I got a Magistrates Court fine for driving without proper licence. I didn't have to go to court but I decided to go there and plead guilty.
Will my application for ILR go through?
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newbie_2013
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by newbie_2013 » Sat Jul 20, 2013 7:13 pm
FriendlyGhost wrote:Later this year, I will be completing the requirements for ILR application. However, about 16 months ago (from now) I got a Magistrates Court fine for driving without proper licence. I didn't have to go to court but I decided to go there and plead guilty.
Will my application for ILR go through?
So you got a court notice on driving without a license, then you went to court. Then what happened next? Did you pay the fine or what else happened? you need to provide more details.
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Amber
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by Amber » Sat Jul 20, 2013 8:54 pm
It depends, generally a conviction will be a general grounds for refusal for 24 months. Is the conviction recorded on your criminal record?
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FriendlyGhost
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by FriendlyGhost » Sat Jul 20, 2013 9:48 pm
D4109125 wrote:It depends, generally a conviction will be a general grounds for refusal for 24 months. Is the conviction recorded on your criminal record?
Is there a way for me to find out? I am not sure if it is in my criminal records.
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Amber
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by Amber » Sat Jul 20, 2013 9:49 pm
FriendlyGhost wrote:D4109125 wrote:It depends, generally a conviction will be a general grounds for refusal for 24 months. Is the conviction recorded on your criminal record?
Is there a way for me to find out? I am not sure if it is in my criminal records.
A SAR request at your local police station for information held on the pnc.
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FriendlyGhost
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by FriendlyGhost » Sat Jul 20, 2013 9:50 pm
newbie_2013 wrote:FriendlyGhost wrote:Later this year, I will be completing the requirements for ILR application. However, about 16 months ago (from now) I got a Magistrates Court fine for driving without proper licence. I didn't have to go to court but I decided to go there and plead guilty.
Will my application for ILR go through?
So you got a court notice on driving without a license, then you went to court. Then what happened next? Did you pay the fine or what else happened? you need to provide more details.
Fine + driving licence points
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FriendlyGhost
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by FriendlyGhost » Sat Jul 20, 2013 10:00 pm
D4109125 wrote:FriendlyGhost wrote:D4109125 wrote:It depends, generally a conviction will be a general grounds for refusal for 24 months. Is the conviction recorded on your criminal record?
Is there a way for me to find out? I am not sure if it is in my criminal records.
A SAR request at your local police station for information held on the pnc.
Thanks for that, I'll find out. On a side note, if it is in criminal records, then I will have to apply for a regular Tier 2 extension which will grant two years' leave to remain. But the 24 months will complete early next year. Will I be able to apply for ILR more than a year before the Tier 2 leave to remain expires?
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Amber
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by Amber » Sat Jul 20, 2013 10:09 pm
FriendlyGhost wrote:D4109125 wrote:FriendlyGhost wrote:D4109125 wrote:It depends, generally a conviction will be a general grounds for refusal for 24 months. Is the conviction recorded on your criminal record?
Is there a way for me to find out? I am not sure if it is in my criminal records.
A SAR request at your local police station for information held on the pnc.
Thanks for that, I'll find out. On a side note, if it is in criminal records, then I will have to apply for a regular Tier 2 extension which will grant two years' leave to remain. But the 24 months will complete early next year. Will I be able to apply for ILR more than a year before the Tier 2 leave to remain expires?
If necessary you could extend then apply once 24 months lapsed.
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FriendlyGhost
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by FriendlyGhost » Sat Jul 20, 2013 10:54 pm
@Amber, thank you for your help, appreciate it. Can you provide any links to read up on regarding the extension? I wasn't even aware that was possible.
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Amber
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by Amber » Sat Jul 20, 2013 10:56 pm
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FriendlyGhost
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by FriendlyGhost » Mon Jul 22, 2013 8:29 am
Thanks. Had a look at the web page. I wonder if this applies to me? The extension is for those whose Tier 2 runs out a few months before they are eligible for ILR, while in my case I have a PNC record.
Specifically this part:
" and your total stay in a work category will be less than 5 years when your current permission to stay expires."
I will have completed my five years when current permission expires.
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Amber
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by Amber » Mon Jul 22, 2013 9:51 am
If you do need to extend your stay, it may be that you apply by postal and when the 24 months has lapsed your extension decision is not made and you can pay the difference and vary your application to set(o).
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FriendlyGhost
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by FriendlyGhost » Mon Jul 22, 2013 10:48 am
My 24 months will complete by 10 Feb 2014 and the current leave to remain expires at end of September. Will the postal application wait that long?
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Amber
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by Amber » Mon Jul 22, 2013 12:25 pm
FriendlyGhost wrote:My 24 months will complete by 10 Feb 2014 and the current leave to remain expires at end of September. Will the postal application wait that long?
Postal can take 6 months +.
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FriendlyGhost
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by FriendlyGhost » Mon Jul 22, 2013 12:37 pm
D4109125 wrote:FriendlyGhost wrote:My 24 months will complete by 10 Feb 2014 and the current leave to remain expires at end of September. Will the postal application wait that long?
Postal can take 6 months +.
I see your point. Thanks very much for your help!
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FriendlyGhost
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by FriendlyGhost » Tue Jul 23, 2013 7:40 am
Can I apply for ILR when my Tier 2 is still valid even if I have completed al requirements for ILR?
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vinny
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by vinny » Tue Jul 23, 2013 8:05 am
Having valid leave is not a reason for refusal.
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FriendlyGhost
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by FriendlyGhost » Tue Jul 23, 2013 8:20 am
vinny wrote:Having valid leave is not a reason for refusal.
That's great, thanks!