Criminality issue for ILR

[aneel_07]

Hi Guys,

I was given 7 points on my drivers license and £800 fine from the court.

Conviction code: IN10; LC20
My Date of offense : Aug 2008
My Date of Conviction : April 2009

Account to the DVLA[link below] my points should expire 4 years from the date of offense. not from the date of conviction.

http://www.direct.gov.uk/en/Motoring/Dr ... G_10022425

I am due to apply for my ILR in NOV 2012, am I clear for applying at the date as my points expire? or do I have to wait for another year taking four years from the date of conviction?

Please advice!!

Also anyone could point me to how to get a CRB from police station and also does it tell us when will I be clear of these criminality thresholds.


Thanks a lot

[Mr Rusty]

I think you'll find that it is the fine rather than points on your licence which affects your application, and the period of rehabilitation is 5 years from date of conviction. See this table:-

http://www.ukba.homeoffice.gov.uk/sitec ... eriods.pdf

If the paragraph of the Immigration Rules under which you intend applying for ILR contains the clause requiring the applicant to have no unspent convictions as defined by the Rehabilitation of Offenders Act, then it looks as if you may have to wait until April 2014

[aneel_07]

I think you'll find that it is the fine rather than points on your licence which affects your application, and the period of rehabilitation is 5 years from date of conviction. See this table:-

http://www.ukba.homeoffice.gov.uk/sitec ... eriods.pdf

If the paragraph of the Immigration Rules under which you intend applying for ILR contains the clause requiring the applicant to have no unspent convictions as defined by the Rehabilitation of Offenders Act, then it looks as if you may have to wait until April 2014

Thanks for your reply.

Can you tell me what will be my next step.
I am on General Tier 1[currently removed for new applications], Once my current visa expire, I should apply another extension as general tier 1? Do you happen to have a rough idea about how many year will i possibly get at that extension?

[aneel_07]

Mr Rusty

Can you please tell from above is my fine a fixed penalty or not?

I found this post where it says the fine although imposed by court, will still be considered as the fixed penalty as its associated with a fine.

http://www.justanswer.com/uk-law/4wvrp- ... z1Zzpa6aIQ

what do you think, Please advise as in my case this will delay the ILR by 2 years

[geriatrix]

Checking for Unspent Convictions yourself....

[aneel_07]

Hi Guys

thanks a lot for you assistance. I have pursued to get a CRB, once i spoke to the customer service executive in CRB, they have advised me to instead get a SAR [ http://www.met.police.uk/information/request_forms.htm], which I requested and found that I donot have any criminal records on the file?

the result was as below
From the personal details supplied in your request there is no information held about you on the Police National Computer

Does this mean I am off the hook?

[geriatrix]

Were you convicted in court?

[aneel_07]

Yes, I pleaded guilty via post, and court imposed a fine.

[aneel_07]

i got my ilr, read the post below

http://www.immigrationboards.com/viewto ... 377#732377