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Read this post and this one too.ssoct98@hotmail.com wrote:now law came in parliment,do u have any idea whats the meaning of deemed served fine by court,some are saying its considered served some not sure,what you say can i apply ILR after april or it came under rehabiliation act of 5 years term.
A court issued FPN. AIUI (and I am no expert in the matter), I believe you may have to wait until you complete 5 years (from the date this fine was handed to you by a judge / judge in a court) to apply for settlement.ssoct98@hotmail.com wrote:so after discussions with other judges he said we issue you fine
Not heard of a fine being "deemed served" when you had to pay a fine at the end.ssoct98@hotmail.com wrote:Dont forget its been deemed served by court.
Thank youssoct98@hotmail.com wrote:Amazing and pity for those who are due in April end.Anyhow thanks for your support,I will inform you my result as i will go for it after checking all ends as its worth a try.
Now anything speeding fine by court or any county court fine is like same as custodial because 5 years have to wait for ILR.In other words can get any fine after ILR not before.
Thanks again.
Thank you for your posting,paedsdoctor wrote:@ waijei,
I think you probably will not have probably as it is a spent conviction. You can always check if you google to see how long it specificies on ROA to become 'spent'. That is my knowledge on the subject which may not be correct, wait for other seniors to answer
I doubt if there is any ground to get a judgment against the threshold based on an expert opinion. Although, the law is unnecessarily strict and very unfair, but the current govt. have the power to change their law at anytime. There should be a measure for immigrants in the system or people who are near the completion stage of 5yrs and 10yrs stay in the country...that would be fair.ssoct98@hotmail.com wrote:ILR still so easy but this criminality threshold so harsh.5 year wait is so long and again any court fine again 5 years,they should separate offences nature.
Sushmehta can we go in court against this threshold or not.
York - I sympathise with your situation mate but thanks very much for sharing this piece of information. I did go through the website http://www.changetherecord.org/about/ and one key thing which stood out was Put simply, we would like to see the length of time it takes for a conviction to become spent to be reduced, so that it is proportionate to the crime committed and brings us into line with the rest of Europe.York123 wrote:Hi all,
I have posted my experience earlier in this site.
I have a unspent motoring conviction. It will be spent in 2013.
I'm due for ILR on May 13th 2011.
Now according to these new rules i will not be eligible for ILR.
And I'm on work permit visa & my visa expires on June 1st 2011.
My employer is not willing to do Tier -2 for me now.
So i'm only left with one option to leave this country...
Planning to go back to India for good at end of May.
After spending almost 9yrs(2 yrs student + 2 yrs PSW+ 5 yrs WP) i got to leave this country. I cant change the rules. Its ok.
And I want to tell you about one more info which might help you people. There is a consultation going on Rehabilitation Act For Offenders, that is regarding unspent time period.
In all the other developed countries like US & australia these periods are very less, if we take Court fines it is only 1 yr instead of 5yrs(like in UK).
So now they are planning to decrease this 5 yrs to 1 yr in near future.
There is a positive response for that bill from the MPs.
I think one day it will definately passed in Parliament & this will come down to 1yr.
Ministry of Justice also said they will consider it.
But it may take some time for that.
So people who r eligible for ILR after few months will be safe if they have spent 1yr after the conviction & if this bill passes.
I found this website very useful. Hope everyone gets there ILR without
any problem.
Bye everyone..