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ILR Eligibility and conviction

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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doubletrouble
Member
Posts: 182
Joined: Fri Mar 10, 2006 7:41 pm

ILR Eligibility and conviction

Post by doubletrouble » Wed Mar 24, 2010 10:57 pm

I was granted Permit Free Training(PFT) visa based on post graduate medical training from May 2005 to May 2006. My PFT was extended in March 2006 till August 2008. In between I received my HSMP approval in June 2006 and was granted for intial 2 years of HSMP in October 2006. I was granted further 3 year extension in October 2008 till October 2011 (under Judicial Review).

My query is that in May 2010 I would have successfully completed 5 years of stay working legally in the UK (PFT 1.5 years + HSMP Tier1- 3.5 years). Will I be eligible to apply for ILR in May 2010?

My second query is that I had commited traffic offence for not driving with a valid insurance and in accordance to licence in October 2005 and had received fines and points on licence but no ban or any other punishment through local Magistrate's Court. I have disclosed my convictions in my previous application for extension of visa and have had visa approved. Is this going to affect my ILR application?

Many thanks for your help.

Syed6229
Newly Registered
Posts: 15
Joined: Mon Jan 04, 2010 10:39 am
Location: London

Re: ILR Eligibility and conviction

Post by Syed6229 » Thu Mar 25, 2010 11:18 am

Hi
i understand the situation
If you had this conviction then it should be stay for 4 years that means till 2009 so today you must have free from it and points must have removed .
if it has removed then you have spent the sentence and by law and even in SET O application for under section 7, under this section read the ''NOTE-3'' in which it has very clearly mentioned that if you have spent the conviction then no need to disclose it.

so first you check with DVLA that these points has been removed,

if its not removed yet then you have to disclose it and Case worker will make the right decision

take care


















doubletrouble wrote:I was granted Permit Free Training(PFT) visa based on post graduate medical training from May 2005 to May 2006. My PFT was extended in March 2006 till August 2008. In between I received my HSMP approval in June 2006 and was granted for intial 2 years of HSMP in October 2006. I was granted further 3 year extension in October 2008 till October 2011 (under Judicial Review).

My query is that in May 2010 I would have successfully completed 5 years of stay working legally in the UK (PFT 1.5 years + HSMP Tier1- 3.5 years). Will I be eligible to apply for ILR in May 2010?

My second query is that I had commited traffic offence for not driving with a valid insurance and in accordance to licence in October 2005 and had received fines and points on licence but no ban or any other punishment through local Magistrate's Court. I have disclosed my convictions in my previous application for extension of visa and have had visa approved. Is this going to affect my ILR application?

Many thanks for your help.

shs213
Member
Posts: 225
Joined: Tue Apr 28, 2009 10:19 pm

Re: ILR Eligibility and conviction

Post by shs213 » Thu Mar 25, 2010 11:48 am

doubletrouble wrote:
My second query is that I had commited traffic offence for not driving with a valid insurance and in accordance to licence in October 2005 and had received fines and points on licence but no ban or any other punishment through local Magistrate's Court. I have disclosed my convictions in my previous application for extension of visa and have had visa approved. Is this going to affect my ILR application?
if you speak to DVLA they will advice you how to remove the points from your counter part. They charge you £15 or something and will send out a blank counter part - you can present it to the case worker - as good as no points :d

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Re: ILR Eligibility and conviction

Post by nksg » Thu Mar 25, 2010 12:56 pm

1. Time spent under PFT (i think u r a Doctor) does not count for ILR. I am not 100% sure but i have read this on this forum and also read some where as well (not able to recall the source). You ILR clock should starts from the time you got HSMP.

2. Dont worry about the crimilal conviction. It wont have any adverse affect on your ILR application as long as you declare it. Usually such type of convictons end after 5 years but again no harm in declairing it. One of my colleague got ILR after 1 year of his conviction date and i will be appliyng for ILR next month and i am planning to declare is though my convection was in Jan 2004 in UK (DR10). aaw just realised, you did not go to the court.. but still declairing wont make a negative affect.
doubletrouble wrote:I was granted Permit Free Training(PFT) visa based on post graduate medical training from May 2005 to May 2006. My PFT was extended in March 2006 till August 2008. In between I received my HSMP approval in June 2006 and was granted for intial 2 years of HSMP in October 2006. I was granted further 3 year extension in October 2008 till October 2011 (under Judicial Review).

My query is that in May 2010 I would have successfully completed 5 years of stay working legally in the UK (PFT 1.5 years + HSMP Tier1- 3.5 years). Will I be eligible to apply for ILR in May 2010?

My second query is that I had commited traffic offence for not driving with a valid insurance and in accordance to licence in October 2005 and had received fines and points on licence but no ban or any other punishment through local Magistrate's Court. I have disclosed my convictions in my previous application for extension of visa and have had visa approved. Is this going to affect my ILR application?

Many thanks for your help.

GETMEIN
Newbie
Posts: 40
Joined: Tue Mar 09, 2010 9:57 pm

Post by GETMEIN » Thu Mar 25, 2010 9:00 pm

My query is that in May 2010 I would have successfully completed 5 years of stay working legally in the UK (PFT 1.5 years + HSMP Tier1- 3.5 years). Will I be eligible to apply for ILR in May 2010?
I am afraid PFT does not count towards ILR. You will be eligible for ILR in October 2011.

Cheers

doubletrouble
Member
Posts: 182
Joined: Fri Mar 10, 2006 7:41 pm

Post by doubletrouble » Thu Mar 25, 2010 9:03 pm

Thanks for your replies.

I will declare my conviction even though I have had those points off my license.

PFT is similar to work permit. I was wondering if there is anyone out there who has successfully added their work permit to their HSMP for ILR eligibility. Just like what I am planning to do (1.5 yrs PFT + 3.5 yrs HSMP) or is it that my clock starts only from hsmp approval day?

GETMEIN
Newbie
Posts: 40
Joined: Tue Mar 09, 2010 9:57 pm

Post by GETMEIN » Sat Mar 27, 2010 3:25 pm

My dear friend

I am in the same boat as you are.

I had PFT visa from March 2005 until Sept 2006 when I received HSMP. PFT visa does not count towards ILR. If you do not believe me, You can try your luck with Home Office. (I am sure your application would be rejected if you apply on basis of PFT and HSMP)

Cheers!

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