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URGENT HELP

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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raja1981
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Posts: 1
Joined: Mon Aug 02, 2010 8:51 pm

URGENT HELP

Post by raja1981 » Mon Aug 02, 2010 9:03 pm

hi guys ,
iam planning to apply for 10 years long residency ILR, although there are two things iam worried,
first
i lost the original passport i entered with , but i got new passport quickly and got the visa re imbursed..

second
i was twice arrested for drunk disorderly behaviour, and was asked to pay fine in court...

will that count to be criminal record...

should i declare that i was arrested for drunk and was asked to pay 200 pound fine...

please help me

although...one important thing....
ive sub sequently managed to get my visa extended and psw after my court appearance....
does that mean , iam clean
surely they should have rejected my visa renewal application form

alikhan28
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Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Re: URGENT HELP

Post by alikhan28 » Wed Aug 11, 2010 10:07 pm

first
i lost the original passport i entered with , but i got new passport quickly and got the visa re imbursed..
Not a problem
second
i was twice arrested for drunk disorderly behaviour, and was asked to pay fine in court...

will that count to be criminal record...
Yes you have to declare this.

although...one important thing....
ive sub sequently managed to get my visa extended and psw after my court appearance....
does that mean , iam clean
surely they should have rejected my visa renewal application form
Indeed you are clean.

Ali

optimist_eternal
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Posts: 98
Joined: Thu Apr 08, 2010 11:16 pm

Post by optimist_eternal » Thu Aug 12, 2010 1:41 pm

although...one important thing....
ive sub sequently managed to get my visa extended and psw after my court appearance....
does that mean , iam clean
surely they should have rejected my visa renewal application form


Indeed you are clean.
"Clean" of alcohol problem? You are the best person to answer this question but a past visa extension may not be a clear indication that history would repeat itself when it comes to granting of 10 year ILR now (criterion when granting ILR i.e. permanent residency to abode in the UK may be slightly different from what was taken into account when granting you an earlier visa extension).

Only the UKBA official processing your 10 year ILR application, I am afraid, would have a definite answer to your query as to whether he/she feels you are "clean" (whatever that means) or not and, therefore, you should (or not) be entitled to an ILR under the 10 year ILR category.

And by your own account, you have been arrested not once but twice for drunk disorderly behaviour.

Anyway, hope for the best....

alikhan28
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Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Post by alikhan28 » Thu Aug 12, 2010 2:22 pm

Hi
second
i was twice arrested for drunk disorderly behaviour, and was asked to pay fine in court...

will that count to be criminal record...

should i declare that i was arrested for drunk and was asked to pay 200 pound fine...

please help me
You were arrested and appeared before court and were fined.If you paid fined and did not hide these convictions in yours visa form then I see no problem.

Problem is when you hide them and home office come to know that you were convicted.

Driven driving is not a too serious offense.

Ali

optimist_eternal
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Joined: Thu Apr 08, 2010 11:16 pm

Post by optimist_eternal » Thu Aug 12, 2010 3:32 pm

If you paid fined and did not hide these convictions in yours visa form then I see no problem.
and pray, if I may ask....what was the basis of such an assertion? Short of giving the necessary reference to back this assertion, this, at best, then remains your own personal opinion.... so please put a rider that statements, like the one above, are your own personal opinion (not, perhaps, backed by the necessary facts).

Driven driving is not a too serious offense.
No idea what is "driven driving" but in case you meant "drunk driving"....please could you quote under what exact section of the law as well as quote some past court case rulings to back such a claim. Thanks.

alikhan28
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Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Post by alikhan28 » Thu Aug 12, 2010 4:18 pm

If you paid fined and did not hide these convictions in yours visa form then I see no problem.

and pray, if I may ask....what was the basis of such an assertion? Short of giving the necessary reference to back this assertion, this, at best, then remains your own personal opinion.... so please put a rider that statements, like the one above, are your own personal opinion (not, perhaps, backed by the necessary facts).
I know one of my friend was arrested and fined for driven driving.He applied for his ILR recently and was granted.

Ok for sake of arguments I ask where is written driving offenses or drinking driver would not get visa.Is this written anywhere?

Answer is NO.


Driven driving is not a too serious offense.
No idea what is "driven driving" but in case you meant "drunk driving"....please could you quote under what exact section of the law as well as quote some past court case rulings to back such a claim. Thanks.
Ok would you quote here where is written Drunk driving is a serious offense and people would not get visa if they have this.

Ali

optimist_eternal
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Post by optimist_eternal » Thu Aug 12, 2010 4:25 pm

Ok for sake of arguments I ask where is written driving offenses or drinking driver would not get visa.Is this written anywhere?

Answer is NO.
Acquainted with a term 'Lahori Logic'? :twisted:

alikhan28
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Posts: 298
Joined: Wed Jul 28, 2010 5:05 pm

Post by alikhan28 » Thu Aug 12, 2010 4:38 pm

optimist_eternal wrote:
Ok for sake of arguments I ask where is written driving offenses or drinking driver would not get visa.Is this written anywhere?

Answer is NO.
Acquainted with a term 'Lahori Logic'? :twisted:
ahahhahah :lol: :lol: :lol: :lol:


Like yours comments.

Ali

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Thu Aug 12, 2010 5:58 pm

alikhan28 wrote:
If you paid fined and did not hide these convictions in yours visa form then I see no problem.

and pray, if I may ask....what was the basis of such an assertion? Short of giving the necessary reference to back this assertion, this, at best, then remains your own personal opinion.... so please put a rider that statements, like the one above, are your own personal opinion (not, perhaps, backed by the necessary facts).
I know one of my friend was arrested and fined for driven driving.He applied for his ILR recently and was granted.

Ok for sake of arguments I ask where is written driving offenses or drinking driver would not get visa.Is this written anywhere?

Answer is NO.


Driven driving is not a too serious offense.
No idea what is "driven driving" but in case you meant "drunk driving"....please could you quote under what exact section of the law as well as quote some past court case rulings to back such a claim. Thanks.
Ok would you quote here where is written Drunk driving is a serious offense and people would not get visa if they have this.

Ali
Driving when drunk is a VERY serious offence. U seem more concerned with it's effects on ILR than the fact people get killed.
An chéad stad eile Stáisiún Uí Chonghaile....

optimist_eternal
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Joined: Thu Apr 08, 2010 11:16 pm

Post by optimist_eternal » Thu Aug 12, 2010 10:19 pm

Plus the fact that the post of the gentleman with an userid 'raja1981' was on the query of "drunk disorderly behaviour". Please could you also enlighten all of us how did you conclude 'raja1981' was "drunk driving"?

bb21
Junior Member
Posts: 73
Joined: Tue May 20, 2008 4:21 pm

Post by bb21 » Fri Aug 13, 2010 7:19 am

I'm not sure where you got your advice from but if you have any understanding of the British culture you will know that drink driving is a VERY serious offence.

With regard to your opinion of being clean if a fine is paid, I can use the same arguments to apply to the following scenario: man goes on rampage, man kills a passer-by, man gets released from prison after 20 years, he's done his punishment so he's free. Sorry but it just doesn't wash. Yes you're right in the sense that convictions can be 'spent' after a certain number of years but it certainly does not make you 'clean'.

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