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Rule 134 applies to the specific conditions required for ILR for work permit holders.Afco wrote:Amanda,
Many thanks for your views. Paragraph 322 which you have mentioned seems to refer to those who are applying to VARY their leave to enter or remain.
There is another specific paragraph for indefinite leave to remain for work permit holders (paragraph 134). I thought this is the paragraph that would apply to me and it does not mention anything to do with character, conduct, conviction etc. Please see it below and advise further:
The conviction won't be spent until 5 years after conviction, so I don't think that it would make much difference whether or not the disqualification period was over or not.Afco wrote:If paragraph 322 is invoked in my case, would it be better for me to serve the driving disqualifation first before applying for ILR.
Can't hurt. Rule 322 sets out the circumstances in which leave would normally be refused. You would need to rebut this presumption.Afco wrote:What about other documentary evidence of good character from employer and people in the community, would this help?
There can be - if someone is slightly over hte limit, no-one else is available to drive, and someone needs to be taken to hospital. Or if a drink is spiked, and the person doesn't know he's over the limit.Dawie wrote:To be fair, there is no excuse for drink driving.avjones wrote:Were their strong mitigating circumstances in relation to the drink-driving?
Get a cab or an ambulance! Plus, these are not the usual conditions that normally is associated with a drunk driver. What next? ... if no one is available to drive and you are being chased by paparazzi?. Oh Wait!...There can be - if someone is slightly over hte limit, no-one else is available to drive, and someone needs to be taken to hospital.
Those are not excuses!avjones wrote:There can be - if someone is slightly over hte limit, no-one else is available to drive, and someone needs to be taken to hospital. Or if a drink is spiked, and the person doesn't know he's over the limit.Dawie wrote:To be fair, there is no excuse for drink driving.avjones wrote:Were their strong mitigating circumstances in relation to the drink-driving?
There might well be circumstances where a decision to drive is the right one, if someone is bleeding to death, etc. That's why I asked if there were any strong mitigating features.Dawie wrote: If no one else is available to drive and someone needs to be taken to the hospital then, as Docterror says, call a cab or call an ambulance.
Spiked drink? If your drink was spiked you wouldn't be able to walk, let alone drive.
Not knowing you're over the limit is not an excuse for drink driving.
Congrats!!! It's worth pointing out that Amanda is an immigration lawyer and VictoriaS is an immigration consultant.Afco wrote:I am really glad that I did all this by myself without using any lawyer or immigration adviser and saved so much money in the process.
Thanks for your tips once again.
So I guess you had an excess of absences as well?Afco wrote:Just wanted to thank you all for all your helpful tips and comments regarding my query on drink driving and absences from the UK for more than 9 months.
I submitted my ILR on 14 April 2008 and I have just received the passport with an endorsed ILR stamp.
Very good references from the employer and people in the community where I often do voluntary work helped a great deal. A similar letter from my employer genuinely explained that all my absences from the UK were work related and they were therefore disregarded.
I am really glad that I did all this by myself without using any lawyer or immigration adviser and saved so much money in the process.
Thanks for your tips once again.
Afco wrote:Just wanted to thank you all for all your helpful tips and comments regarding my query on drink driving and absences from the UK for more than 9 months.
I submitted my ILR on 14 April 2008 and I have just received the passport with an endorsed ILR stamp.
Very good references from the employer and people in the community where I often do voluntary work helped a great deal. A similar letter from my employer genuinely explained that all my absences from the UK were work related and they were therefore disregarded.
I am really glad that I did all this by myself without using any lawyer or immigration adviser and saved so much money in the process.
Thanks for your tips once again.
Oh, thanks, but can paid anuual leave be treated as work related? All my other absences are paid annual leave.Afco wrote:Kariarxy,
Thanks - all my 9 months absences were work related and I requested them to disregard all of them (including paid annual leave, compassionate leave, training leave, research leave etc).
It was just a straightforward letter from my employer setting out all the dates that I have been out of the UK in the last five years and saying that these absences were necessary and work related.
I then referred to this letter in my own covering letter and asked the Home Office to disregard the absences.
Hope this helps.