(HELP) Unspent Motoring conviction effect on My ILR SET (M)

[ahmedelwan]

Hi,

I came to the UK June/2011 on a spouse visa.
I have had a motoring conviction due to driving without insurance by the court on 14/01/2013, was giving 6 points on my license and two endorsements (IN10 & LC20).

By Jan/2014 just before my visa expires, I've applied for ILR, it was refused as my conviction was unspent, they gave me 2 years residency permit, which will expire 17/01/2016. And stated that I need to reapply when the conviction is spent.

I know that endorsements takes 5 years to be spent. At the same time I've read that any non-custodial convictions will not cause ILR refusal if the conviction was over 24 months prior the day of the application of the ILR.

My question is, Should I apply for an extension or should I apply for ILR?

I would highly appreciate any quick help as it's all due very soon, and I am completely confused.

Kind Regards,

Ahmed Elwan

[FaeLLe]

Hi Ahmed,

Did they refuse your ILR application because you had points on your license?
If this is the case then it is really very risk to even drive a car!!!

Can others please explain if even speeding convictions and points due to speeding can affect ILR application?

[tuntuna]

Hi,

I came to the UK June/2011 on a spouse visa.
I have had a motoring conviction due to driving without insurance by the court on 14/01/2013, was giving 6 points on my license and two endorsements (IN10 & LC20).

By Jan/2014 just before my visa expires, I've applied for ILR, it was refused as my conviction was unspent, they gave me 2 years residency permit, which will expire 17/01/2016. And stated that I need to reapply when the conviction is spent.

I know that endorsements takes 5 years to be spent. At the same time I've read that any non-custodial convictions will not cause ILR refusal if the conviction was over 24 months prior the day of the application of the ILR.

My question is, Should I apply for an extension or should I apply for ILR?

I would highly appreciate any quick help as it's all due very soon, and I am completely confused.

Kind Regards,

Ahmed Elwan

Hello Ahmed

you mentioned instead giving you ILR they gave you 2 years residency permit, they gave you 2 years residency permit because you were on spouse visa? or this applies to every one who are due fir ILR and somehow don't get it cause of conviction and then go for this 2 years residency permit?

[geriatrix]

you mentioned instead giving you ILR they gave you 2 years residency permit, they gave you 2 years residency permit because you were on spouse visa? or this applies to every one who are due fir ILR and somehow don't get it cause of conviction and then go for this 2 years residency permit?

Only because of being on leave as a spouse (FLR(M)).

[geriatrix]

Did they refuse your ILR application because you had points on your license?

No, because the OP was convicted of driving offences by a court.

[tuntuna]

Only because of being on FLR(M) leave.[/quote]

Thanks shushmehta for your reply

Can I also go for this FLR (M) as I am on T1G right now and due for ILR In feb 2016

Sorry for being silly but I don’t know about this FLR M that’s why I a asking

[tuntuna]

Thanks shushmehta for your reply

Can I also go for this FLR (M) as I am on T1G right now and due for ILR In feb 2016

Sorry for being silly but I don’t know about this FLR M that’s why I a asking[/quote]

I think I cant go as this looks a partner visa

do you know any other visa I can go on and spend this 2 years conviction and then apply for ILR

[geriatrix]

Yes you can, but you will have to marry a settled person or a British citizen, wait for 5 years and then apply for ILR.
FLR(M) leave is leave as spouse of a settled person / British citizen.

[tuntuna]

Yes you can, but you will have to marry a settled person or a British citizen, wait for 5 years and then apply for ILR.
FLR(M) leave is leave as spouse of a settled person / British citizen.

Well I am already married and got a kid so it looks there is no option left for a person who is settled here with family and if got a convict on this minor offence so he has to leave a country no matter if he has spend nearly 10 years in this country???

[geriatrix]

tunatuna,

You have been advised before to keep your queries in your own topic. Please follow the suggestion given.
This topic was created by the OP to find answer to his queries .... not for you to hijack the topic with your off-topic queries. Your queries - relevant to this topic - have been answered.

[geriatrix]

Hi,

I came to the UK June/2011 on a spouse visa.
I have had a motoring conviction due to driving without insurance by the court on 14/01/2013, was giving 6 points on my license and two endorsements (IN10 & LC20).

By Jan/2014 just before my visa expires, I've applied for ILR, it was refused as my conviction was unspent, they gave me 2 years residency permit, which will expire 17/01/2016. And stated that I need to reapply when the conviction is spent.

I know that endorsements takes 5 years to be spent. At the same time I've read that any non-custodial convictions will not cause ILR refusal if the conviction was over 24 months prior the day of the application of the ILR.

My question is, Should I apply for an extension or should I apply for ILR?

I would highly appreciate any quick help as it's all due very soon, and I am completely confused.

Kind Regards,

Ahmed Elwan

This NACRO document (page 10 and 11) seems to suggest that for a non-custodial offence a nationality application will be refused if the conviction / caution happened within the last 36 months. The good character requirement document (under BNA) also states the same.
That said, according to 322(1C)(iv):

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1C) where the person is seeking indefinite leave to enter or remain:

(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

In essence, you should be able to make an ILR application after 24 months of a non-custodial conviction and a nationality application after 36 months of a non-custodial conviction.

[ahmedelwan]

Thank you ever so much, your answer definitely puts me in relief as I didnt want to apply for ILR, spend £1.500 to get an extension worth £650. I really appreciate your reply, Merry Xmas

[sifat80]

Hi Geriatrics,

Thanks for your comment...very well answered. I have a similar situation as Ahmed. Could please for elaborate if the 36 MONTH PERIOD IS FROM DATE OF INCIDENT OR DATE OF CONVICTION (as in my case it took 6 MONTHS by court/civil system to make final decision).

Thanks
Sifat

[CR001]

Hi Geriatrics,

Thanks for your comment...very well answered. I have a similar situation as Ahmed. Could please for elaborate if the 36 MONTH PERIOD IS FROM DATE OF INCIDENT OR DATE OF CONVICTION (as in my case it took 6 MONTHS by court/civil system to make final decision).

Thanks
Sifat

This topic is a year old and geriatrix has not been active on the forum for many months. Rather than tag your question (unfairly) onto other members topics, start your own.