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ILR under new criminality treshold

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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madhan1234
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Posts: 6
Joined: Wed Oct 05, 2011 11:35 pm

ILR under new criminality treshold

Post by madhan1234 » Wed Oct 05, 2011 11:52 pm

Hi All,

I need help and advise from gurus and experts of this forum. I have gone to many posts and read all douments but i could'nt find the right answer for my problem. I booked my ILR same day service at croydon PEO office on 19th october. Now let me ask my question

I received my HSMP approval in may 2006 and got my visa stamped in 14th Nov in UK, which was valid till 14th Nov 2008. On 15th Feb 2008 i was convicted for Drink Driving offence and received 20 months driving ban and £500 fine. however i completed my 20months ban and i got a new licence now. When i applied for my FLR HSMP(JR) in Oct 2008 i declared all the convictions and my application was successful. Now since they introduced new criminality treshold, I come under HSMP JR and visa expires on 14th Nover 2011. I am gong to same day service on 19th Oct.

I just want to know that will my application will successful or will it be refused since my £500 fine is still treated as unspent conviction under Rehibilation act 1974.

I have goe through the website an read the grounds of refusal
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/
in this document it says under section 9 paragraph 322(5) of general rules of immigration rules, my application can be refused.
CAN anyone advice what to do? I am thinking of another option to apply of HSMP extension again and apply for ILR in Feb 2013 when i finish my £500 fine conviction.

PLease can anyone advise me ASAP as i am very much worried and stressed.

Many thanks
Madan

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Oct 06, 2011 9:34 am

Life isn't fair, but you can be!

madhan1234
Newly Registered
Posts: 6
Joined: Wed Oct 05, 2011 11:35 pm

Re: ILR under new criminality treshold - ILR Success

Post by madhan1234 » Wed Oct 19, 2011 3:56 pm

I want to share my experience at croydon PEO office today


My Appointment was at 10:30am. I arrived at Lunar house by 10am and passed the security checks by 10:15. Then in the ground floor they made initial documents and application form checks. The officer issued me a reference number and asked to go to 1st floor and pay necessary fees. I paid the fees at 10:30am. I was asked to sit in the waiting area until my number to be called. I was called at 11:00am. The visa officer seems to be cool and asked me to give me my application. He looked at section 3 of application and asked me if i am applying under ILR JR. Then he asked me the passports. Although i carried all the supporting documents with me, The officer only asked me to give 3 months bank statements and 3 months paysilps and nothing more than that.
He verified if my pay is matching to the bank statements and payslips. within 5-7 mins he asked me to sit and wait for few minutes till he process my application. I asked him how long it might take to process and he said about 30-40 minutes. I was really scared and tensed because of my drink and drive conviction. I was watching him all through the process of what he was doing, at some point from 11:25-11:40 he was on phone speaking to someone about my application. At 11:50 he went inside somewhere with some documents(may be payslips and bank statements) and came back after few mins after taking photo copies of them. he came back at 11:55 to same counter and called me. he handed over my payslips and bank statements and asked me to wait for 30 mins until my passports are ready for collection at counter 22. when i asked if everything is ok? he said all fine and my visa will be approved. all my tensions were relieved when he told me the good news at 12:00. I waited for 40 mins and my passports were ready stamped.
madhan1234 wrote:Hi All,

I need help and advise from gurus and experts of this forum. I have gone to many posts and read all douments but i could'nt find the right answer for my problem. I booked my ILR same day service at croydon PEO office on 19th october. Now let me ask my question

I received my HSMP approval in may 2006 and got my visa stamped in 14th Nov in UK, which was valid till 14th Nov 2008. On 15th Feb 2008 i was convicted for Drink Driving offence and received 20 months driving ban and £500 fine. however i completed my 20months ban and i got a new licence now. When i applied for my FLR HSMP(JR) in Oct 2008 i declared all the convictions and my application was successful. Now since they introduced new criminality treshold, I come under HSMP JR and visa expires on 14th Nover 2011. I am gong to same day service on 19th Oct.

I just want to know that will my application will successful or will it be refused since my £500 fine is still treated as unspent conviction under Rehibilation act 1974.

I have goe through the website an read the grounds of refusal
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/
in this document it says under section 9 paragraph 322(5) of general rules of immigration rules, my application can be refused.
CAN anyone advice what to do? I am thinking of another option to apply of HSMP extension again and apply for ILR in Feb 2013 when i finish my £500 fine conviction.

PLease can anyone advise me ASAP as i am very much worried and stressed.

Many thanks
Madan

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