COURT CASE & UK BORN CHILD NEED ILR OR NOT ?

[immigrationhelp]

Background:

Myself: Applied for HSMP IN May 06
Visa (HSMP VISA) stamped in 12/09/06
Arrived to UK on 25/09/06
Visa extended (Tier 1) after 2 year for 3 year till 12/09/2011

Husband: Tier 1 dependent visa: visa Expires on 12/09/2011

UK born child: Born in Jan 2009 and on dependent visa expires on12/09/2011

The original application was made before Nov 06 which is covered under
HSMP Forum Ltd’s Judicail Reveiw
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Quires:

1.Do I have to apply for my son’s ILR OR I can register him for citizenship directly?

2. If, I apply with my husband on 01/09/2011 on same day service and then next day apply for my UK born child’s citizenship without applying for ILR for him. Is this ok?

My husband had summonsed from Court to attend the court for intent to avoid payment for travel. Which he attended and settled with penalty. Back in 2008

Will this affect our ILR case ?
Do we have to declare this in the form ? OR Better not to declare this?


Radha

[mastiger82]

HI,

I am applying in Nov this year for ILR under jud review .

Can senior member please help me.

2 weeks ago, I was stopped by revenue inspector he took my details and said that they will write to me by post.

In worst senario, If i get letter and taken to court. will effect my ilr?

I always touch in and out never had any problem before.

thanks

[vinny]

See also child born in UK.
Criminality requirement is not applicable to people applying under the Terms of the HSMP ILR JR policy document.

[immigrationhelp]

hi Vinny,

Thank you so much for your response.

I have just copied this from UKBA link you gave me. Please see the last line. the one i have highlighted


I will be thankful if you can shed more light on this


Migrants who applied to the highly skilled migrant programme between 3 April 2006 and 7 November 2006
This page explains the arrangements we have put in place for migrants who:
received an HSMP approval letter on the basis of an application submitted between 3 April 2006 and 7 November 2006, and obtained entry clearance or permission to stary in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter; have completed at least five years' continuous residence in the United Kingdom in a qualifying category; and
want to apply to settle in the United Kingdom.

You fall into this group if:
you were initially granted entry clearance or permission to stay in the United Kingdom for two years under the HSMP requirements; and
you then extended that initial permission by a further three years (unless you had already completed sufficient continuous residence in a different immigration route which can be amalgamated for settlement purposes).
When you have completed at least five years' continuous residence in the United Kingdom in a qualifying category, you can apply for settlement using the SET(O) application form. You can download the application form and guidance notes from the right side of this page.
We will consider your application against the settlement requirements described in paragraph 27 of the policy document, which you can download from the right side of this page. To be granted settlement, you will need to have spent a continuous period of five years lawfully in the United Kingdom in a qualifying category. However, you will not need to meet the 'knowledge of language and life in the United Kingdom' requirement, as this was not part of the settlement requirements when you first applied under the HSMP.

Please note that, if your application falls for refusal under the General Grounds for Refusal in paragraphs 320-322 of the Immigration Rules, we will refuse it even if it otherwise qualifies under the terms of this policy. This might happen, for example, if you have broken United Kingdom immigration law or have a criminal conviction.

[vinny]

It seems partly inconsistent with their instructions.

Grounds of refusal may indeed be under 322. However, I don't think that 320(18) is applicable, as it relates to entry clearance or leave to enter the United Kingdom.

[mastiger82]

hi Radah,

if you pay just the penalty, then is fine.

If you have been to court and was given panelty does not mean that you have criminal conviction.

People I have asked and they said that it depends on the case, sometimes you go to court and pay the fine or both fine and criminal conviction.

sorry to ask you, are you sure u were given both or just fine?

when your husband cought, how long did he take you to get a court date/summon

thanks

[vinny]

Do we have to declare this in the form ? OR Better not to declare this?

If in doubt, then declare.

[immigrationhelp]

hi Vinny,

Thank you for your time and advice.

As previously asked if I and my wife apply for ILR same day service and if ILR is rejected OR they do not decide on the same day. What will happen to my child's status ?

As previously suggested by you that I do not have to apply for my child's ILR, I can register him
once we get ILR by using MN1 form

I will appreciate your brief answer

[vinny]

See also child born in UK.