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NO more extensions and ILR with motoring convictions?

General UK immigration & work permits; don't post job search or family related topics!

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

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ssoct98@hotmail.com
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NO more extensions and ILR with motoring convictions?

Post by ssoct98@hotmail.com » Thu Nov 25, 2010 12:23 am

Dear Push/John/shushmehta,
Its clearly look from UKBA that they are adding additional criminal conviction unspent same before on british nationality for ILR and extensions,so I have 3 pts and deemed served fine from court happened last year,showing no fine on paper licence as may be deemed served doesn't show on paper licence,now I m due next august so when law came in april 2011,many like me go went gone,so any advice or like me we plan to go back?

alimohmand
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Post by alimohmand » Thu Nov 25, 2010 12:32 am

To what I understand speeding offence is not a criminal conviction unless you are convicted by crown court, please bear in mind there is a difference between Magistrate and Crown Court.
Most driving offences if not all are heard in Magistrate court unless its drink driving or hit and run etc etc or much more serious case.

Regards

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Thu Nov 25, 2010 12:56 am

I got 3 pts as driving not in accordance with licence and fine but fine paid by court as they said we think you don't deserve it and in court I explained them fine can effect my naturlization application and after that they do fine as deemed served.So I believe UKBA going to adopt same rule for ILR as its for british passport?
PUSH/chetan/shushmehta/john and gordon advise please.Any chances or plan for going back?

avjones
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Post by avjones » Thu Nov 25, 2010 1:09 am

alimohmand wrote:To what I understand speeding offence is not a criminal conviction unless you are convicted by crown court, please bear in mind there is a difference between Magistrate and Crown Court.
Most driving offences if not all are heard in Magistrate court unless its drink driving or hit and run etc etc or much more serious case.

Regards
Speeding offences are not dealt with by the Crown Court, they are summary-only, meaning in the Magistrates' Court.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

dewales001
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Post by dewales001 » Thu Nov 25, 2010 1:32 am

I'm in a similar situation, I got court conviction for traffic offence. I'm very worried with the new criminality threshold coming up in APR 2011 as I'm due for ILR in JUNE 2011.

Can traffic offences be included in the new threshold? Pls advise moderators!! :(

alimohmand
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Post by alimohmand » Thu Nov 25, 2010 1:51 am

No one would know unless its published by UKBA so wait and hold your breath :)

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Thu Nov 25, 2010 8:05 am

It looks obvious also understood the unspent conviction means court fine took 5 years,so ILR looks hard now?moderators comments please.

wf
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Re: NO more extensions and ILR with motoring convictions?

Post by wf » Thu Nov 25, 2010 9:13 am

ssoct98@hotmail.com wrote:Dear Push/John/shushmehta,
Its clearly look from UKBA that they are adding additional criminal conviction unspent same before on british nationality for ILR and extensions
It has not been stated or suggested anywhere that extensions will be subject to a criminal conviction check.

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Thu Nov 25, 2010 9:57 am

You r right but its understood as before,but its really unfair even bcz traffic offences can happen.senior comments

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Thu Nov 25, 2010 1:26 pm

Seniors especially moderators comments please on above.

lavkir
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Post by lavkir » Thu Nov 25, 2010 7:02 pm

I am also in the same boat as ssoct98@hotmail.com. In October 2009 I received 6 points on my license due to driving without insurance and not in accordance with license. The conviction was done by the Crown Court though I was not physically present as I pleaded guilty by post.
My ILR eligibility is due in April 2012 and my Tier-1 extension runs out in Jan 2013. If they introduce this new rule of spent motoring convictions, it will take me an additional 2 years, i.e. Oct 2014 to be eligible for ILR. Also, since they have scrapped Tier-1 now, I am not sure whether I will be given another extension again under Tier-1 or I need to switch to Tier-2 to continue working and living here.
This is all so confusing and I am seriously contemplating moving out of this country. They keep moving the goalposts at their whims and fancies, no other developed nation has such pathetic immigration policies which keep changing every 6 months. They cannot control illegal and unskilled migrants who run criminal gangs and enjoy on benefits but hit the educated and working class migrants who actually contribute to society.

As someone else said on this forum, 'I am skilled not just for UK', there are surely better opportunities and avenues outside this country which is unfortunately run by opportunistic and short-sighted policy makers.

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Thu Nov 25, 2010 9:16 pm

NO mine one done in magistrate court only and my fine even deemed served but i dont know is it good or bad.

Obie
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Post by Obie » Fri Nov 26, 2010 4:11 pm

I don't think that offence will meet the requirement of Paragraph 322(5) of the Immigration rules.

Also see page 22-23 of this guidance which explain the threshold
Smooth seas do not make skilful sailors

ssoct98@hotmail.com
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Post by ssoct98@hotmail.com » Fri Nov 26, 2010 9:04 pm

Dear the 322(5) is as fellow,
he undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;

I dont think so my offence is that high.

2ndly your other link i cant reach,can u send again.Our offences are not that high.

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