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Due to apply ILR - Traffic conviction attended court

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

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anoop666
Newly Registered
Posts: 24
Joined: Mon Dec 06, 2010 3:31 pm

Due to apply ILR - Traffic conviction attended court

Post by anoop666 » Thu Feb 24, 2011 5:20 pm

Hi ,
I am due to apply ILR in December 2011, I have a driving conviction ie "without due care and attention" with 5 penality points and fine which I went to court last month. Will this effect my ILR in DEC 2011.

can you please let me know
Thanks,

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Feb 24, 2011 5:30 pm

Yes it may, if the immigration rules applicable in December 2011 state so. So check the rules in force on the day you become eligible for settlement.

No one can tell you today what the rules may be when you become eligible.


regards
Last edited by geriatrix on Thu Feb 24, 2011 5:36 pm, edited 1 time in total.

lanr3e
Junior Member
Posts: 86
Joined: Tue Nov 14, 2006 1:14 pm
Location: TELFORD

Re: Due to apply ILR - Traffic conviction attended court

Post by lanr3e » Thu Feb 24, 2011 5:36 pm

anoop666 wrote:Hi ,
I am due to apply ILR in December 2011, I have a driving conviction ie "without due care and attention" with 5 penality points and fine which I went to court last month. Will this effect my ILR in DEC 2011.

can you please let me know
Thanks,
If the criminality threshold is introduced in April for settlement application as planned by the govt, you may not be eligible for ILR. Hence you would have to apply for further leave to remain under the rules for Tier 1 G extensions till your conviction is spent - 5years in your case.

If however that is the only criminal record you have, the HO may decide to excercise discretion in your favour and grant you ILR.provided you meet all other criteria.

How much were you fined?

anoop666
Newly Registered
Posts: 24
Joined: Mon Dec 06, 2010 3:31 pm

Post by anoop666 » Fri Feb 25, 2011 9:27 am

I was fined 500 pounds, I dont understand how traffic offence will come under Criminal offence.
Is the same rule applies while applying citizenship.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: Due to apply ILR - Traffic conviction attended court

Post by xyz123 » Fri Feb 25, 2011 10:54 am

lanr3e wrote:
anoop666 wrote:Hi ,
I am due to apply ILR in December 2011, I have a driving conviction ie "without due care and attention" with 5 penality points and fine which I went to court last month. Will this effect my ILR in DEC 2011.

can you please let me know
Thanks,
the HO may decide to excercise discretion in your favour and grant you ILR.provided you meet all other criteria.

quote]

Is this confirmed? i thought there is no confirmation on provision of any discretion.

OP wait till rules are changed and clear description of requirements has been issued formally.

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