ILR refused because of unspent traffic offence

faisallt · Post by **faisallt** » Fri Nov 15, 2013 11:09 am

Hi,

I have got a question if anybody could help me pls.

I came in UK 16/09/2003 on student visa, did my post graduation degree from recognised university, I applied for my ILR after completing 5 years on HSMP/Tier 1 program in september 2012. I got refusal in June 2013 of my ILR because of unspent conviction in July 2010, got banned of driving for 6 months. It was over speeding on one ocassion, but because I didn't communicate with court on hearing so they put 12 points and got banned, I mentioned this in my application that clearly and circumstances of why i didn't communicate to DVLA and court as I moved houses in between that time and didn't get any letters and didn't communicate with them and how single fixed term penalty of 3 points end up court hearing and banned.

My application of ILR took 9 months from sept 2012 to June 2013 and end up refusal because of this unspent conviction. I appealed against the decision but the appealed didn't go successful because my lawyer was really useless and couldn't defended me. Now my question is if I could still apply of SET(LR) as I am living in UK more than 10 years, I still have that 28 days of time period after the appeal refused, I live with my wife and two children, both are born in UK. is it worth spending more money in fresh application of SET(LR), as the rule of criminality threshold has been changed to two years now with my conviction is already spent.

Please advise.

Faisa

Post by **Amber** » Fri Nov 15, 2013 12:12 pm

A non-custodial conviction will be a mandatory general grounds for refusal for 24 months for ILR (this changed December 2012). After this time has lapsed you should be ok so far as you meet the other requirements.

faisallt · Post by **faisallt** » Sat Nov 16, 2013 9:59 am

If I apply SET(LR) application now, what should my wife be applying, I guess it will be FLR(M) or it could be SET(M) possible? she came in UK in April 2009 and living with me.

both of my and wife original visas expired on 30th September 2012, but because we applied for ILR on Tier 1 basis and then appeal so still legal in UK.

Post by **Amber** » Thu Nov 21, 2013 6:57 am

F you apply for SET(LR) your dep should apply for FLR(M) asking for a decision to be made after yours. Apply within 28 days of the appeal determination date and make sure your SET(LR) application is in perfect order.

faisallt · Post by **faisallt** » Wed Nov 27, 2013 1:52 pm

I have got the determination today, it sounds like my appeal has been succeeded, as my wife told me over the phone the i have been awarded fee refund, is this normally happen when you got succeeded the refund of appeal fee?

I am out of the city currently so can't get hold of the document but will get my lawyer to see it and let me know if this is the case.

Finger cross, and hope for the best.

mycanal1 · Post by **mycanal1** » Wed Nov 27, 2013 4:08 pm

faisallt wrote:I have got the determination today, it sounds like my appeal has been succeeded, as my wife told me over the phone the i have been awarded fee refund, is this normally happen when you got succeeded the refund of appeal fee?

I am out of the city currently so can't get hold of the document but will get my lawyer to see it and let me know if this is the case.

Finger cross, and hope for the best.

how did u win the appeal. what were the points that you or your lawyer raised.

faisallt · Post by **faisallt** » Mon Dec 02, 2013 9:20 am

I have been granted Discretionary leave of 30 months from court. The argue point during the hearing was private life of more than 10 years in the UK legally, and although my Barrister was useless in saying words in the court but its good thing I have put everything in the statement. Judge went through my statement and gave on the merit decision.

I am happy at least it will give me time to apply for SET(LR) application.

My question is could I still apply for ILR on the basis of my Tier 1 like I applied SET(0) as the criminality threshold rules are changed now? or it has to be 10 years long residency application only?

what about my wife and children's applications, my wife came in UK as my dependent in April 2009 and living here since then, although she has more than 6 months outside the country. Could she apply ILR on the old rule or she has to wait for 10 years for ILR, and only option to apply FLR(M)? Children, I know will get naturalization on the basis of my ILR as they were born in UK?

Please advise if anybody know.

Post by **linkers** » Mon Dec 02, 2013 9:28 am

Congrats faisallt !

sufferhead · Post by **sufferhead** » Tue Dec 03, 2013 5:27 pm

faisallt wrote:I have been granted Discretionary leave of 30 months from court. The argue point during the hearing was private life of more than 10 years in the UK legally, and although my Barrister was useless in saying words in the court but its good thing I have put everything in the statement. Judge went through my statement and gave on the merit decision.

I am happy at least it will give me time to apply for SET(LR) application.

My question is could I still apply for ILR on the basis of my Tier 1 like I applied SET(0) as the criminality threshold rules are changed now? or it has to be 10 years long residency application only?

what about my wife and children's applications, my wife came in UK as my dependent in April 2009 and living here since then, although she has more than 6 months outside the country. Could she apply ILR on the old rule or she has to wait for 10 years for ILR, and only option to apply FLR(M)? Children, I know will get naturalization on the basis of my ILR as they were born in UK?

Please advise if anybody know.

You can still apply for your ILR. Just follow Amber's suggestion.

faisallt · Post by **faisallt** » Tue Dec 31, 2013 1:28 pm

I have been granted discretionary leave on article 8 by the first tribunal court but unfortunately home office requested appeal against the decision, which has been granted today for upper tribunal, I am in disarray again, and the whole process of frustration starts again with time and money wastage.

Anybody else had similar circumstances when appeal approved by first tribunal but challenged by home office to upper tribunal. I am not sure what could happen now and what should I say other than what I already told in 1st tribunal. Is it bad thing the case gone to upper tribunal, as few people have told me so. I am really worried now, what should i do.

Post by **Amber** » Tue Dec 31, 2013 1:37 pm

Not sure what the Home Office are playing at, seems rather (very) silly. It should not be allowed. Also inform the Upper Tribunal that you have satisfied ten years.

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ILR refused because of unspent traffic offence