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HELP - Applying ILR need assistance regarding convictions

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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rajpoot20
Newly Registered
Posts: 8
Joined: Fri Sep 11, 2015 9:43 pm

HELP - Applying ILR need assistance regarding convictions

Post by rajpoot20 » Tue Sep 15, 2015 1:00 am

Dear All,

Currently I am on Tier-1 General visa, my current leave to remain is expiring at the end of Sept 2015, therefore I need to apply for ILR ( on completion of 5 years on Tier-1G).

I have few questions ( I know I have acted very carelessly but never thought that it will effect my application for ILR and now in serious need of help from senior members/gurus ):

1) In beginning of 2013 I bought a new car and changed insurance to new car and parked my old car on private property, thinking that I'll sell it after few days (it was taxed but was not insured) later on I received summons from Magistrates court, but I didn't appear in court subsequently I received a letter from same court (dated: 10-06-2013) stating "Notice of fine and collection order" - "offences and penalties- keeping a motor vehicle which does not meet insurance requirements, fine was £200, victim surcharge £15 and Costs $110, totaling £325, I paid £325 to court within given time. The letter also stated court has made a Collection order to collect the sum due
Questions regarding above:
1. was it a criminal offence or civil judgement?
2. is it spent now?
3. Should I declare it in my application form

2) In 2013 I was late in paying my council tax, council applied to magistrate court and obtained a Liability order against me (Dated: 20-08-2013), I cleared all dues i.e full years council tax, bailiffs fee and court cost for obtaining liability order
Questions regarding above:
1. is liability order a civil judgement? if not then do I need to declare it under civil judgement even if I paid and cleared all the balance and now up to date with my CT payments- (still living at same property).
2. In case if I should declare it will it effect my application for ILR

3) In 2014 I was issued with parking ticket- didn't pay it in time and was sent notice of enforcement from council (Dated: 25 September 2014) stating they applied to traffic enforcement center and obtained an enforcement order, I paid full fine and charges - paid to council as letter came from council's bailiffs
Questions regarding above:
1. is it a civil judgement ?
2. Do I need to declare it in my application form

In case if I have to declare all of above do I stand any chance of getting ILR ?

4) Lastly during these 5 years I have been away for total 210 days on different occasions (none of them was more than 90 days in one go or spent more than 180 days in any 1 year) - do I need to provide letters from previous and current employers for these trips and airline tickets ?

I am applying for ILR at a PEO start of next week, I would really appreciate if senior members can help and reply to my queries.

Many Thanks.

P.s I checked on Trust online and it shows there is nothing registered in my name and checked credit history via experian again nothing is mentioned, unfortunately I am not left with enough time to apply for DBS or SAR as I think they take more than 14 days to reply.

secret.simon
Moderator
Posts: 11176
Joined: Thu Feb 21, 2013 9:29 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by secret.simon » Tue Sep 15, 2015 1:10 am

In addition to the OP's question, can I add one of my own?

Would his legal travails have an impact on a citizenship application? That is to say would their volume or nature suggest that he is not of "good character" and if such were the case, when would the 10 years ban end?

tiredoftiers
Member
Posts: 100
Joined: Sun Sep 06, 2015 11:56 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by tiredoftiers » Tue Sep 15, 2015 11:14 am

it is just how I see I could be wrong
first 2 matters have been through the magistrate court and matters dealt at this court are classed as criminal this would require them being disclosed under criminal conviction where within application form it asks.
you should see an immigration lawyer to be precise

I dnt know anything for the 3rd matter you should speak to council (parking ticket) you owed money to,if there has been a court involved to collect the debt that you paid off including fine and changes and if it is classed as criminal or civil. I feel and the way you wrote it it does not need being disclosed, again I do not know but an immigration lawyer should be able to answer this question specially on a matter of its disclosure !

as far as my understanding is concerned Yes Simon their impact on IRL and in order for them to check his suitability for IRL could be crucial under general requirements criteria an applicant to meet because he dealt with all the matters later than last min creditors had to go court and take extreme actions for collections specially such consistent and repetitive court activities in citizenship application you indicated 10 years ban that lasts on completion of 10 years may happen unless justified and no recourse of such an activity undertaken during the time

lets see what other say about it

rajpoot20
Newly Registered
Posts: 8
Joined: Fri Sep 11, 2015 9:43 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by rajpoot20 » Tue Sep 15, 2015 4:01 pm

Guys thank you for your input, but I called Council today & asked them about liability order they said its not civil judgement or CCJ, it was just a liability order and as long as I have cleared the liability all is fine, they also clarified that it's not a recorded judgment and I don't need to mention it if I have been asked to mention any criminal or civil judgement.

I would be really thankful if a senior member or Mod can reply to my above queries in detail as I am very confused after reading a lot of other posts, Please guys I need guidance before its too late

Many Thanks

rajpoot20
Newly Registered
Posts: 8
Joined: Fri Sep 11, 2015 9:43 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by rajpoot20 » Tue Sep 15, 2015 6:05 pm

Another update:
Called council bailiffs regarding enforcement notice for parking ticked, they said it's not criminal offence or civil judgement & it's not a recorded judgement and told me as I paid it I don't need to mention regarding this.

Thanks

rajpoot20
Newly Registered
Posts: 8
Joined: Fri Sep 11, 2015 9:43 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by rajpoot20 » Tue Sep 15, 2015 10:10 pm

rajpoot20 wrote:Dear All,

Currently I am on Tier-1 General visa, my current leave to remain is expiring at the end of Sept 2015, therefore I need to apply for ILR ( on completion of 5 years on Tier-1G).

I have few questions ( I know I have acted very carelessly but never thought that it will effect my application for ILR and now in serious need of help from senior members/gurus ):

1) In beginning of 2013 I bought a new car and changed insurance to new car and parked my old car on private property, thinking that I'll sell it after few days (it was taxed but was not insured) later on I received summons from Magistrates court, but I didn't appear in court subsequently I received a letter from same court (dated: 10-06-2013) stating "Notice of fine and collection order" - "offences and penalties- keeping a motor vehicle which does not meet insurance requirements, fine was £200, victim surcharge £15 and Costs $110, totaling £325, I paid £325 to court within given time. The letter also stated court has made a Collection order to collect the sum due
Questions regarding above:
1. was it a criminal offence or civil judgement?
2. is it spent now?
3. Should I declare it in my application form

2) In 2013 I was late in paying my council tax, council applied to magistrate court and obtained a Liability order against me (Dated: 20-08-2013), I cleared all dues i.e full years council tax, bailiffs fee and court cost for obtaining liability order
Questions regarding above:
1. is liability order a civil judgement? if not then do I need to declare it under civil judgement even if I paid and cleared all the balance and now up to date with my CT payments- (still living at same property).
2. In case if I should declare it will it effect my application for ILR

3) In 2014 I was issued with parking ticket- didn't pay it in time and was sent notice of enforcement from council (Dated: 25 September 2014) stating they applied to traffic enforcement center and obtained an enforcement order, I paid full fine and charges - paid to council as letter came from council's bailiffs
Questions regarding above:
1. is it a civil judgement ?
2. Do I need to declare it in my application form

In case if I have to declare all of above do I stand any chance of getting ILR ?

4) Lastly during these 5 years I have been away for total 210 days on different occasions (none of them was more than 90 days in one go or spent more than 180 days in any 1 year) - do I need to provide letters from previous and current employers for these trips and airline tickets ?

I am applying for ILR at a PEO start of next week, I would really appreciate if senior members can help and reply to my queries.

Many Thanks.

P.s I checked on Trust online and it shows there is nothing registered in my name and checked credit history via experian again nothing is mentioned, unfortunately I am not left with enough time to apply for DBS or SAR as I think they take more than 14 days to reply.

Hi could any senior member reply to my post please...........

rajpoot20
Newly Registered
Posts: 8
Joined: Fri Sep 11, 2015 9:43 pm

Re: HELP - Applying ILR need assistance regarding conviction

Post by rajpoot20 » Wed Sep 16, 2015 7:45 pm

Hi Guys,

I am still waiting for someone senior or Mod to reply to queries, I am running out of time

Looking forward........

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