Applying for ILR with impending court appearance

[tryingtostayhere]

Hi All,

I've done my best to search for other examples of my situation, but can't find anything which really helps.

My situation is this;

I've been in the UK since August 2008 (3 years) and first arrived on a working holiday visa.

My unmarried partner is a British Citizen and we have been together for more than 5 years, so I switched to a spousal visa (FLR(M)) in October 2009.

I should now be eligible for ILR and am preparing the application form (planning to go for same day service) - however I have received a summons to appear in court in November (for keeping an un-taxed vehicle on a public road)

Do I;

1) Not mention it (I do not currently have a criminal conviction)

2) Mention it in 8.2 of the SET(M) form (I'm worried they might then delay processing of my application and by the time it is done I will no longer be eligible as I will then have a conviction)

3) Apply for FLR(M) again (Do the new criminality rules apply for FLR(M)?

Also, if I do go for option 2 and my ILR is declined... what happens next?Can I still apply for FLR(M) and if so; how long do I have to apply and do I have to pay all the fee's again?

Any assistance is greatly appreciated!

[prince12]

Hi All,

I've done my best to search for other examples of my situation, but can't find anything which really helps.

My situation is this;

I've been in the UK since August 2008 (3 years) and first arrived on a working holiday visa.

My unmarried partner is a British Citizen and we have been together for more than 5 years, so I switched to a spousal visa (FLR(M)) in October 2009.

I should now be eligible for ILR and am preparing the application form (planning to go for same day service) - however I have received a summons to appear in court in November (for keeping an un-taxed vehicle on a public road)

Do I;

1) Not mention it (I do not currently have a criminal conviction)

2) Mention it in 8.2 of the SET(M) form (I'm worried they might then delay processing of my application and by the time it is done I will no longer be eligible as I will then have a conviction)

3) Apply for FLR(M) again (Do the new criminality rules apply for FLR(M)?

Also, if I do go for option 2 and my ILR is declined... what happens next?Can I still apply for FLR(M) and if so; how long do I have to apply and do I have to pay all the fee's again?

Any assistance is greatly appreciated!

As far i as i can see, a court summons is not a conviction...you need to be sure the date for the court hearing is after your ilr date though...i will not even mention it at this time....they will get you when you go for Citizenship but i think you are free for ILR! lmho

[tryingtostayhere]

Thanks prince12, but actually I don't think that's an option now. I had a friend with a law degree look at this and was told that if I say no to 8.2 it would be a false representation (with potential serious consequence).

FYI 8.2 is "Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"

So now my question is around what happens if my ILR is delayed or rejected. Can I still fall back on FLR(M). Should I just go for FLR(M) now (I don't want to have to pay twice)?

[geriatrix]

On what date does your current leave expire?
On what date is the court hearing?

[tryingtostayhere]

My current visa expires next week (am ready to sumbit my ILR application today).

The court appearance is in November (8/11th I think). I will not likey attend court though (as I have the option to plead guilty by sending a form back and accepting the fine).

[prince12]

Thanks prince12, but actually I don't think that's an option now. I had a friend with a law degree look at this and was told that if I say no to 8.2 it would be a false representation (with potential serious consequence).

FYI 8.2 is "Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"

So now my question is around what happens if my ILR is delayed or rejected. Can I still fall back on FLR(M). Should I just go for FLR(M) now (I don't want to have to pay twice)?

I dont have a law degree but i can bet that your court summons is not same as been charged for a criminal offence. where you are required to declare traffic offence is only after conviction....my tots anyway i am probably wrong...wish you the best with ur line of action

[Bobbylondon]

deleted

[geriatrix]

Am I correct in understanding that you received a Fixed Penalty Notice (FPN) for not having a valid tax disc? And that you have received a summons becuase you did not pay the penalty in the stipulated time?

If you pay the fine now, as you state you have the option to, will you be paying the same amount as asked for on the FPN, or a different amount - imposed by the court?

[tryingtostayhere]

Hi Sushdmehta,

Am I correct in understanding that you received a Fixed Penalty Notice for not having a valid tax disc? And that you have received a summons becuase you did not pay the penalty in the stipulated time?

I did not (to my knowledge) receive a Fixed Penalty Notice... but yes, it was for not having a valid tax disc.

I have been charged with violating section 29 of the Vehicle Excise and Registration Act 1994.

[geriatrix]

In such case I would assume that such offences can only be dealt with by a court.

In such case I believe whether you pay the fine now or after the hearing in court will make no difference (it's like voluntarily pleading guilty rather than be told by a judge that you are guilty).

The question that I cannot answer for sure is whether you will be deemed "convicted of an offence that falls within the purview of ROA" if you pay the fine voluntarily ... or whether this will be treated as paying a mandatory "excise penalty" (like paying a FPN).

If the former, then the settlement application will not be successful .... irrespective of whether you pay the fine now or on the day of court hearing. But if the latter, then this would have no affect on your settlement application.

Perhaps best to consult a solicitor who has knowledge about traffic offences to figure out if paying the fine would amount to "conviction", and move forward accordingly.

[tryingtostayhere]

Thank you for your help, but this is not a fine (or a FPN). I will have a conviction come November.

What I'd really like to know is;
What happens if my ILR decision is delayed... and then rejected?

Can I still fall back on FLR(M)?
I technically won't have a valid visa if the ILR is rejected as my current FLR would have expired by then, so;
How long would I have to apply for the new FLR(M)?... would I be required to leave the country as soon as my ILR is rejected?

Should I (and is it possible to), just apply for another FLR now (and again in 2 years... and again (until the conviction is spent)?

[geriatrix]

FLR(M) requires valid leave, so if SET(M) is refused then you may be in trouble (since appealing will lead nowhere in the given circumstances).

Perhaps, apply for FLR(M) now before you current leave expires and SET(M) some years later as and when the conviction becomes spent.

And, criminality threshold does not apply to (limited) leave to remain application(s). e.g. - FLR(M).

[John]

FYI 8.2 is "Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"

I have been charged with violating section 29 of the Vehicle Excise and Registration Act 1994.

It seems to me that the honest answer to Q8.2 is "Yes"!

And obviously you will complete the application honestly. As they say regarding visa applications, "Get caught in the lie, wave the visa goodbye.".