Good Character for settlement under long residency

[vivekp10000]

Dear All,

I have got appointment for SET (LR) at Glasgow PEO nearing soon. This stress of having to evaluating each and every requirement of settlement visa is becoming really unbearable. I am particulary concerned about Good Character aspect. Please provide some good advise and help me out. I really can't afford a solicitor as I am in verge of going bankrupt. During this 10 years having passed through years without work has left me with so much borrowings.

Below are the facts that will be important:-

1) I received IN10 (driving without insurance) on my licence back in Jan 2013. Received it on Jan 13, unsuccessfully challenged in court and got convicted by court on Sep 13 (received 6 points and £ 165 fine). Since then its been more than 4 years and it has disappeared from DVLA record. (At the date of appointment even the conviction date would have been more than 4 years)

2 Following year on Jan 14, I received CD10 (careless driving) on my licence, but did not challenge it and never went to court. However, it says convicted by Bromley Magistrate (don't know why). This driving offence has expired from DVLA as its been more than 3 years. At the date of appointment the offence would be 3 years and 8 months.

I will be disclosing both. Although (1) and (2) I understand is considered as spent for the purpose of UKVI decision making for Good Character test. Please advise if it is likely to result in refusal. I wouldn't have been concerned if I had only one of these conviction. But since there are 2, will they class me as someone not having respect towards UK law and public etc. Since then I have learnt my lesson, and havent even got single PCN in last 3 years. Paid taxes etc on time no other issues. Also donated to charities at various occasions and contributed to the society.

3) Came to UK on Oct 2007, never overstayed my visa or had any issue during visa extensions apart from an occasion when my visa was curtailed with 60 days notice (even then I applied for new visa on 58th day). However, following this, every time I travelled abroad I would be stopped at airpots (Heathrow, Glasgow and Luton). They would take my passport away and inquire with HO and let me go. Although a bit stressing but all well and good. However, the concern is that do I need to disclose it in my application as a detention because I clearly remember Entry Clearance Office telling me that in strict legal term this is called as detained as they took my passport away.

Please help me guys.

[makky86]

Dear All,

I have got appointment for SET (LR) at Glasgow PEO nearing soon. This stress of having to evaluating each and every requirement of settlement visa is becoming really unbearable. I am particulary concerned about Good Character aspect. Please provide some good advise and help me out. I really can't afford a solicitor as I am in verge of going bankrupt. During this 10 years having passed through years without work has left me with so much borrowings.

Below are the facts that will be important:-

1) I received IN10 (driving without insurance) on my licence back in Jan 2013. Received it on Jan 13, unsuccessfully challenged in court and got convicted by court on Sep 13 (received 6 points and £ 165 fine). Since then its been more than 4 years and it has disappeared from DVLA record. (At the date of appointment even the conviction date would have been more than 4 years)

4 years old will not have any impact on your ILR application

2 Following year on Jan 14, I received CD10 (careless driving) on my licence, but did not challenge it and never went to court. However, it says convicted by Bromley Magistrate (don't know why). This driving offence has expired from DVLA as its been more than 3 years. At the date of appointment the offence would be 3 years and 8 months.

As long as the conviction is 2 years old it will not lead to refusal. so you should be fine for this too

I will be disclosing both. Although (1) and (2) I understand is considered as spent for the purpose of UKVI decision making for Good Character test. Please advise if it is likely to result in refusal. I wouldn't have been concerned if I had only one of these conviction. But since there are 2, will they class me as someone not having respect towards UK law and public etc. Since then I have learnt my lesson, and havent even got single PCN in last 3 years. Paid taxes etc on time no other issues. Also donated to charities at various occasions and contributed to the society.

Just declare them all but will not lead to refusal


3) Came to UK on Oct 2007, never overstayed my visa or had any issue during visa extensions apart from an occasion when my visa was curtailed with 60 days notice (even then I applied for new visa on 58th day). However, following this, every time I travelled abroad I would be stopped at airpots (Heathrow, Glasgow and Luton). They would take my passport away and inquire with HO and let me go. Although a bit stressing but all well and good. However, the concern is that do I need to disclose it in my application as a detention because I clearly remember Entry Clearance Office telling me that in strict legal term this is called as detained as they took my passport away.

I don't think so this would count as detention. They just confirmed details with HO and let you go. Did you ever receive any stamp or paper dodcument from them as if you have been detained for a reason?

Please help me guys.

Apart from everything else you should not have any absense more than 180 per year

[vivekp10000]

Thank you very much makky86, your advise has boosted my confidence.

In regards to point 3 for detention, no stamp on passport saying detained. But they use to give me small 1 sheet red paper when they took passport and went inside to call HO and make the check. Not to confuse only had to wait like 1 hour max in the waiting area near the Entry clearance desk.

Absence of 180 days is fine. Total duration spent outside uk in 10 years time is arround 120 days with max of 37 days at one occasion.

[makky86]

Thank you very much makky86, your advise has boosted my confidence.

In regards to point 3 for detention, no stamp on passport saying detained. But they use to give me small 1 sheet red paper when they took passport and went inside to call HO and make the check. Not to confuse only had to wait like 1 hour max in the waiting area near the Entry clearance desk.

Absence of 180 days is fine. Total duration spent outside uk in 10 years time is arround 120 days with max of 37 days at one occasion.

I would not take this as detention. Detention is when they cannot verify the details and put you in a detention center. They would also ask you to sign at somewhere every week etc.

FYI for 10 year ILR you jsut need to provide your passport. No tax document , bank statements etc

I think you're good to go for ILR ! Best of luck mate

[vivekp10000]

Thank you dude. Will let you know once I have the outcome.

[vivekp10000]

I posted another query with the different title, but the moderator felt that it was same.

indefinite-leave-to-remain/set-lr-same- ... 38601.html

Can someone please advise: Does having 2 expired offences (IN10- 4years+ & CD10-3years+ without any imprisonment) would mean that PEO will not be able to give decision on same day?

Was thinking to go for same day application, but when I took advise from a solicitor he is saying there is no point of paying extra for PEO as they will not give visa on same day for case involving offences.

Is that right? Both of my points have expired, one of them don't even appear on DVLA record.

I am about to make SET (LR) application and have booked date at Glasgow PEO for 28th Sep 17. Will be preparing my application myself. For my doubts, I am counting on this forum.

[makky86]

I posted another query with the different title, but the moderator felt that it was same.

indefinite-leave-to-remain/set-lr-same- ... 38601.html

Can someone please advise: Does having 2 expired offences (IN10- 4years+ & CD10-3years+ without any imprisonment) would mean that PEO will not be able to give decision on same day?

Was thinking to go for same day application, but when I took advise from a solicitor he is saying there is no point of paying extra for PEO as they will not give visa on same day for case involving offences.

Is that right? Both of my points have expired, one of them don't even appear on DVLA record.

I am about to make SET (LR) application and have booked date at Glasgow PEO for 28th Sep 17. Will be preparing my application myself. For my doubts, I am counting on this forum.

Normally any court convictions older than 2 years will not lead to refusal but its still upto immigration office. He has the final authority to refuse but I highly doubt it will be refused !

[vivekp10000]

Thanks for your response makky86. I have greatly appreciate your advise.

However, may be I am not being able to put my question clearly. I am with u when you say that diving offences with more than 2 years shouldn't result in refusal.

But my question is do you think it is likely to result in the delay in receiving the visa outcome? In another word, does the presence of these 2 offences would mean that PEO will consider it less straightforward case and will ask for more time to investigate on this.

Are you aware of any cases where application at PEO had to wait longer because he/she had driving offence?

[makky86]

Thanks for your response makky86. I have greatly appreciate your advise.

However, may be I am not being able to put my question clearly. I am with u when you say that diving offences with more than 2 years shouldn't result in refusal.

But my question is do you think it is likely to result in the delay in receiving the visa outcome? In another word, does the presence of these 2 offences would mean that PEO will consider it less straightforward case and will ask for more time to investigate on this.

Are you aware of any cases where application at PEO had to wait longer because he/she had driving offence?

I am not aware of any cases but it does not make any sense. Just become someone has had 2 driving offences in the past it will lead to refusal. I say it may lead to refusal for naturalisation but definately not for ILR.

Again its immigration officer who will decide. No one can tell you. As per rules you should be fine !

Don't get stressed have a go and get ILR best of luck