Transferring ILR visa to BRP application questions

[koch92]

Hello,

I would like to transfer my (EEA family member ILR visa to BRP as my passport is going to expire next year and I might have issues renewing it - so I can have a backup.

I have a few legal problems which one caused rejection of my citizenship application and 10 year ban due deception.

The problems are in October 2011 or 2010 (not sure) I went to court to "Bind to Peace that last 12 months from date of issue" after me and my next door neighbour had a fight after he attacked me when I came out of my car at 1am. (I applied for citizenship in March 2014 but got rejected cause I didn't declare this issue on my application as I thought it's not required, due to clear CRB certificate and asking police officer during arrest which he said it's not going to be on you record).

Also in October 2014 I went to court for exceeding speed limit on motorways, I got 6 points and £130 fine.


Apart from that I'm all clean, I have just gained 1st class degree and will start work for a well known construction company in the UK.


So I wanted to ask given my situation, could my application be rejected if I declared those (or do they need to be declared?)

Also I would like to ask if BRP card expires or how long it lasts for?

I would appreciate your help!

Thanks

[CR001]

So I wanted to ask given my situation, could my application be rejected if I declared those (or do they need to be declared?)

Declare them for what? Is there an application you are making?

I have a few legal problems which one caused rejection of my citizenship application and 10 year ban due deception.

If you have received a 10 year ban on applying for citizenship, you will have to wait before applying again.

EEA family member ILR visa\

Do you mean EEA Family Permit or do you have Permanent Residence? ILR is granted under the UK immigration rules, which EEA FM is not part of. Please clarify.

A BRP Card is valid for 10 years.

[koch92]

So I wanted to ask given my situation, could my application be rejected if I declared those (or do they need to be declared?)

Declare them for what? Is there an application you are making?

I would like to make an application as explained in the post? I just want to know beforehand if those problems will lead to rejection of BRP application?

I have a few legal problems which one caused rejection of my citizenship application and 10 year ban due deception.

If you have received a 10 year ban on applying for citizenship, you will have to wait before applying again.

Does this apply to BRP as well?

EEA family member ILR visa\

Do you mean EEA Family Permit or do you have Permanent Residence? ILR is granted under the UK immigration rules, which EEA FM is not part of. Please clarify.

I came to UK on a family reunion Visa, which then transferred to ILR.

A BRP Card is valid for 10 years.

Thanks for your help!

[CR001]

I am still not clear what visa you currently hold?

What exactly does your vignette in your passport say and when did you get it?

[koch92]

I am still not clear what visa you currently hold?

What exactly does your vignette in your passport say and when did you get it?

Sorry for the not replying in time.

I hold ILR on my passport.

[koch92]

Good morning,

I'm in a bad situation now.

I have an ILR visa stamped on my passport, but the passport is going to be expired in August 2016. In order to renew the passport I will have to hand in the current one then they will issue me a new one. Now I understand that I will have to apply for BRP/Unlimited stay in this case, but I had a look at the application forms and it was asking for criminal records to be declared! I was caught for speeding 2 years ago and got sent to court ending up with 6 points (I absolutely regret this cause it literally made my life a hell for me!).

Now, if I applied for BRP/Unlimited stay and declare the 6 points, would my application be rejected then? If yes, what is the solution?!

Also to make it worse. My citizenship application was rejected 2 years ago because of another issue that I didn't declare on the application as I thought it wasn't on my record due to clear CRB check (wrong crb check as it was for scotland not england), and I was banned for 10 years. Now I got caught for speeding just 1/2 weeks before I receive my rejection letter and I didn't let UKBA know about the speeding.

Would the ban cause any issue when it come's to applying for BRP/Unlimited stay? Would the UKBA highlight the fact that why I didn't declare the speeding during my citizenship application and cause me further problems?

I'm trying to find a way of keeping the old passport when applying for a new one (as I know that way I can use the ILR) but so far it seems impossible.

Any advise would be appreciated.

All that happened because I was immature, inexperienced, didn't seek advice. and rushed!

[Gudwin]

I guess you should get it straight - you already have Indefinite Leave to Remain. You are not applying for a new one.

In your situation you would use form TOC, I believe.
https://www.gov.uk/government/publicati ... t-form-toc

https://www.whatdotheyknow.com/request/ ... w_passport

Speeding points aren't a criminal conviction, but you will have to include them in the relevant section.

[koch92]

I guess you should get it straight - you already have Indefinite Leave to Remain. You are not applying for a new one.

In your situation you would use form TOC, I believe.
https://www.gov.uk/government/publicati ... t-form-toc

https://www.whatdotheyknow.com/request/ ... w_passport

Speeding points aren't a criminal conviction, but you will have to include them in the relevant section.

Thanks for the replay. But the points were issued in court though, wouldn't that make it a criminal conviction? I just had a look at the from and it asks for Personal History (criminal convictions, war crimes, etc.)? If I declare the points there would my application be rejected? Do I have to declare the 10yr ban there as well?

Thanks

[RRSB2012]

If you are awarded a penalty from the court, it falls under 'Conviction'.

Senior members can possible advise you the solution to your situation.
Cheers
R

[Gudwin]

Having the conviction in court, you could be right, possibly. I wouldn't comment on that!
But I don't feel that they could decline your application, because you are not applying for a new stay, you are simply applying for exchange of a paper ILR for BRP. I would consider it like replacing old paper driving license with the new plastic photo card!

[koch92]

Having the conviction in court, you could be right, possibly. I wouldn't comment on that!
But I don't feel that they could decline your application, because you are not applying for a new stay, you are simply applying for exchange of a paper ILR for BRP. I would consider it like replacing old paper driving license with the new plastic photo card!

This is common sense and that's what i thought as well. But I don't want to put myself in danger and make sure before I make another mistake like my citizenship application. Thanks

[koch92]

If you are awarded a penalty from the court, it falls under 'Conviction'.

Senior members can possible advise you the solution to your situation.
Cheers
R

Do I have ask them personally or just wait until they do it themselves?

Thanks

[Gudwin]

They'll come tom you

[koch92]

They'll come tom you

No sign so far

[koch92]

Hello,

My passport expires in August 2016 and my ILR visa is stamped on it. Getting my new passport might take a while thus I would like to apply for the BRP card now just in case. I would like to do it at the centres:

Does this mean I will get it on the same day?

I have 6 points on my license from court; I got caught in 04/2014 and went to court on 10/2014. When I fill the application for BRP - which date shall I put in? Also would this the 6 points effect my application in anyway?

Finally the fact my passport got only 1 month left on it would affect my application?

I would appreciate your help!

Thanks

[vinny]

M.

[cs95tdg]

I guess you should get it straight - you already have Indefinite Leave to Remain. You are not applying for a new one.

In your situation you would use form TOC, I believe.
https://www.gov.uk/government/publicati ... t-form-toc

As the OP already holds ILR, the correct form to use would be the NTL transfer form. https://www.gov.uk/government/publicati ... k-form-ntl

The form you have referred to above would be correct for those with limited time to remain.

[koch92]

I have already booked my appointment with the premium centres. I called the HO and they said as long as your passport is valid on the day it's fine and the 6 points will be okay as well. So one last q please: when you fill the application do you add the date of the arrest or the date of the court (on Dvla the date is the date of the arrest)?! Thanks

[koch92]

I have already booked my appointment with the premium centres. I called the HO and they said as long as your passport is valid on the day it's fine and the 6 points will be okay as well. So one last q please: when you fill the application do you add the date of the arrest or the date of the court (on Dvla the date is the date of the arrest)?! Thanks

FYI: my application was approved straight away and I'm expecting within the next week. I guess this sort of application is not as critical as applying freshly for a visa or citizenship.