ILR and crimiinal driving convictions

paedsdoctor · Post by **paedsdoctor** » Thu Mar 17, 2011 8:01 am

Hi All,

I wonder if people wise and been in similar situation can help.

I am due to apply for my ILR in 4 months time. I was on HSMP for 2 years and then shifted to Tier 1 General in 2008. I have since had 2 driving convictions- 1st- LC10- driving not in accordance with a valid licence for which I got 3 points and probably a fine of 30-60 pounds. I took my test after that and got a valid licence (was on international licence prior to that)
2nd- criminal offence- driving without due care and attention for an accident on the motorway for which I got 5 points and 435 pounds fine in the magistrate's court in feb 2010. No drink driving involved. I had to retake my driving test as well because of too many points on my licence.

I have no other convictions but and worried about the impact this will have on my ILR application. Can others in similar situation/ or heard about people in similar situations share their experience/ outcome please?

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Thu Mar 17, 2011 8:38 am

NO more ILR have to wait 5 year for conviction to be spend,see other post I am in same boat,can say bad luck or bad law.

lavkir · Post by **lavkir** » Thu Mar 17, 2011 9:37 am

paedsdoctor - Same for me, I was convicted for IN10 and LC20 by the court magistrate and was awarded points plus paid a fine as well. But both convictions happened at the same time rather than two separate occasions. I have not been in trouble post that incident but the convictions will not be spent until 2014 and my Tier1 expires in Jan 2013. I am wondering if there is some clause within the imigration rules where the case worker can make his/her discretion if the applicant has been obeying the law and treat these convictions as aberrations. Can seniors/moderators comment if there have been such cases where leniency was shown.
Also I am now worried they might introduce the criminality threshold for future Tier1 extensions as well, you just never know!

anoop666 · Post by **anoop666** » Thu Mar 17, 2011 9:39 am

I got CD10 driving conviction ( drive without due care and attention) recently and I am in the same boat as you.

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 9:48 am

I got 3 points on my licence but was not taken to court, does that count as well? I checked online and it says you get it back after 3 years and i am sure it has been more than 3 years in my case

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 10:12 am

3.2.5 Caseworkers should not normally disregard any unspent conviction that falls into the following categories irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (e.g. theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute â€œrecklessnessâ€

anoop666 · Post by **anoop666** » Thu Mar 17, 2011 10:33 am

Where did you get this list of convictions that case work will look.?
I am just wondering whether "Drive without due care and attention" with 5 points and 300 fine will be come under criminality threshold or not...

Thanks

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 10:37 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

lavkir · Post by **lavkir** » Thu Mar 17, 2011 10:38 am

anoop666 wrote:Where did you get this list of convictions that case work will look.?
I am just wondering whether "Drive without due care and attention" with 5 points and 300 fine will be come under criminality threshold or not...

Thanks

Listed on this link -
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

anoop666 · Post by **anoop666** » Thu Mar 17, 2011 10:39 am

got it its under

http://www.immigrationboards.com/viewto ... b8ee31f5ee

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 10:45 am

i dont know about me i was fined for speeding and 3 points on my licence but never let it go to court i dont know what to do i will get in touch with solicitor and inform everyone here as well what happens to such applications.

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Thu Mar 17, 2011 10:49 am

Anything done in court even 1 pound fine come under unspent conviction,became spent after 5 years,so its really a painful Law for those who finish in court.

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 10:51 am

Do you mean that unless we go to the court it is ok?

lavkir · Post by **lavkir** » Thu Mar 17, 2011 11:08 am

rajivilr wrote:Do you mean that unless we go to the court it is ok?

I am assuming your licence was endorsed with 3 penalty points by a police officer under a Fixed Penalty Notice. This should be fine and would not be classed as a criminal conviction. You will still need to declare it in your ILR application.

Post by **geriatrix** » Thu Mar 17, 2011 11:10 am

rajivilr wrote:Do you mean that unless we go to the court it is ok?

Yes, given the information available on date.

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Thu Mar 17, 2011 11:29 am

Yes fixed penalty points ok but any fine even come by post from court and u plead guilty considered court fine.have to wait for 5 year from date of conviction.

rajivilr · Post by **rajivilr** » Thu Mar 17, 2011 11:45 am

no i dint i was all messed up at that time my life was heading no where so i just accepted it and paid the fine may be it was good

ssoct98@hotmail.com · Post by **ssoct98@hotmail.com** » Thu Mar 17, 2011 12:06 pm

Our whole life remain in waiting for ILR,now another 3 years have to wait anyother fine another 5 years,means now only by Luck,such a waste of time and money.
I have spoken to UKBA its crystal clear we all need to be clear of all fines which finished in 5 years,so I believe many like me ruined.
Anyhow this is UK immigration.

paedsdoctor · Post by **paedsdoctor** » Thu Mar 17, 2011 1:56 pm

Hi All,

I see a lot of replies and not clear what information they have based their replies on

1. Post april 2011- it is clear that the citizenship/naturalisation applications will be affected if you have an unspent conviction. Will the ILR/settlement applications be affected by this as well. Is this clarified anywhere

2. People who were affected by the JR, i.e pre Nov 2006, will they be affected by these changes to ILR requirements? Or will they be assessed on the critieria based at that time ?

Could someone please clarify these issues?

Post by **geriatrix** » Thu Mar 17, 2011 2:01 pm

paedsdoctor wrote:1. Post april 2011- it is clear that the citizenship/naturalisation applications will be affected if you have an unspent conviction.

Not post Apr-2011, but citizenship / naturalisation applications are (and have been) affected (refused) when one has unspent conviction(s).

paedsdoctor wrote:Will the ILR/settlement applications be affected by this as well. Is this clarified anywhere

Pretty much crystal clear in the changes announced yesterday. Reading this post should make things clear to you.

paedsdoctor wrote:I was on HSMP for 2 years and then shifted to Tier 1 General in 2008.

paedsdoctor wrote:2. People who were affected by the JR, i.e pre Nov 2006, will they be affected by these changes to ILR requirements? Or will they be assessed on the critieria based at that time ?

As the linked post states, this conviction of yours will not affect your eligibility to settlement, since based on timline above, you appear to be an HSMP migrant covered by JR.

paedsdoctor · Post by **paedsdoctor** » Thu Mar 17, 2011 2:18 pm

Thanks Sushdmehta,

Thanks for clarifying,

So, just to clarify- because I got my original HSMP in July 2006 and then Tier 1 general in July 2008, my application for ILR/ settlement probably will not be affected by driving criminal convictions....

Its so relieving to hear that. Also thanks for your prompt reply. I will go through the document myself as well.

Thank you all

mehtasa · Post by **mehtasa** » Fri Mar 18, 2011 1:25 pm

This is unfair to many people. What are the chances for fighting this with JR.

thilchan · Post by **thilchan** » Sat Jul 16, 2011 1:20 am

hi paedsdoctor
did you get your ilr approved? i am worried as i am in a same situation.
many thanks

cw_ukimmi · Post by **cw_ukimmi** » Tue Aug 30, 2011 5:26 pm

Iam also in a similar boat, I have DUI conviction in 2008( not in uk) but unfortunately i have declared in tier 1 extension application in 2009,
conviction will be spent only by 2013 but my visa is only valid upto Jul 2012.

So my question,
1. will i get any tempeory extension of visa till 2013 or i have leave UK.

2. can i take chance to not to disclose this because in that country my criminal conviction not found in CRB check.

any information on this would be very helpful .

Thanks

cw_ukimmi · Post by **cw_ukimmi** » Fri Sep 02, 2011 1:53 pm

dear senior members,
can anybody throw some light on mye previous mail

Thanks in Advance

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ILR and crimiinal driving convictions

ILR and crimiinal driving convictions

What are the chances for fighting this with JR?

Can we challenge this rule