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I already know about that check forum but I doubtful about the suggestions. I am sure that any fine given by Court to you leads to 5 years of unspent conviction. I am also not sure that CBR check is sufficent to check your unspent convictions.sushdmehta wrote:Driving offences when driving on an International licence (non-EU) are dealt with by the courts (procedure). This doesn't necessarily mean that you have an "unspent conviction"!
So, check on your own whether you have a unspent conviction, and plan further course of action accordingly.
Last Post # 6 in your following recommended thread
Any answers?normal_human wrote:Last Post # 6 in your following recommended thread
http://www.immigrationboards.com/viewtopic.php?t=79826
concluds that this leads to a conviction and it will be spent after Five years.
Your other recommended thread here
http://www.immigrationboards.com/viewtopic.php?t=80958
I disagree with that as this means you are liying to the Home Office by putting No when you have a driving conviction. And also ILR application form says that you will have to disclose even all the Fixed Penalty Notices as if you have too many FPNs in a short time then you will be refused ILR. Also provided that you have already mentioned your Driving Conviction at the time of Extension already, they have record of your existing applications.
Also can somebody confirm that once your ILR application is refused, you can not apply for Extension later?
Any answers?normal_human wrote:Any answers?normal_human wrote:Last Post # 6 in your following recommended thread
http://www.immigrationboards.com/viewtopic.php?t=79826
concluds that this leads to a conviction and it will be spent after Five years.
Your other recommended thread here
http://www.immigrationboards.com/viewtopic.php?t=80958
I disagree with that as this means you are liying to the Home Office by putting No when you have a driving conviction. And also ILR application form says that you will have to disclose even all the Fixed Penalty Notices as if you have too many FPNs in a short time then you will be refused ILR. Also provided that you have already mentioned your Driving Conviction at the time of Extension already, they have record of your existing applications.
Also can somebody confirm that once your ILR application is refused, you can not apply for Extension later?
Can anyone here answer for these very basic questions? thanks in advance.normal_human wrote:Any answers?normal_human wrote:Any answers?normal_human wrote:Last Post # 6 in your following recommended thread
http://www.immigrationboards.com/viewtopic.php?t=79826
concluds that this leads to a conviction and it will be spent after Five years.
Your other recommended thread here
http://www.immigrationboards.com/viewtopic.php?t=80958
I disagree with that as this means you are liying to the Home Office by putting No when you have a driving conviction. And also ILR application form says that you will have to disclose even all the Fixed Penalty Notices as if you have too many FPNs in a short time then you will be refused ILR. Also provided that you have already mentioned your Driving Conviction at the time of Extension already, they have record of your existing applications.
Also can somebody confirm that once your ILR application is refused, you can not apply for Extension later?
According to this post some unspent convictions might not appear in CRB check. Considering the fact that UKBA has direct access to PNC (Police National Computer). It seems clear that advise to do your CRB check for unspent convictions for the purpose of settlement application is wrong and this advise can put you in very big trouble buy making you do another unspent conviction of lying to UKBA and not disclosing your conviction.normal_human wrote:Can anyone here answer for these very basic questions? thanks in advance.normal_human wrote:Any answers?normal_human wrote:Any answers?normal_human wrote:
Last Post # 6 in your following recommended thread
http://www.immigrationboards.com/viewtopic.php?t=79826
concluds that this leads to a conviction and it will be spent after Five years.
Your other recommended thread here
http://www.immigrationboards.com/viewtopic.php?t=80958
I disagree with that as this means you are liying to the Home Office by putting No when you have a driving conviction. And also ILR application form says that you will have to disclose even all the Fixed Penalty Notices as if you have too many FPNs in a short time then you will be refused ILR. Also provided that you have already mentioned your Driving Conviction at the time of Extension already, they have record of your existing applications.
Also can somebody confirm that once your ILR application is refused, you can not apply for Extension later?
You have to mention your unspent convictions in case of Extension too but that will not affect the application as you are not applying for settlement. The rule of Zero Criminality Threshold only applies to settlement.rushabhjvora wrote:Hi Mate,
Does UKBA do a normal CRB check or an enhanced CRB check for ILR application?
I am three months short of completing 5 years from the conviction date, do you think it’s a good idea to go for Tier 1 extension (HSMP) and not take a risk? Or UKBA also does a enhanced CRB check for Tier 1 extensions?
My offense was not to pay road tax in 2007 (never received any letters as all went to previous address) and found about the offense in July 2011. I also extended my Tier 1 (HSMP) in August 2009 (after conviction date) without any problems.
Thanks mate,
Rushabh
Once your application for ILR is refused due to not disclosing your unspent conviction you will have another unspent conviction from hiding the facts from UKBA and another 5 years counter will start.rushabhjvora wrote:OK, I now understand but its worth to contact UKBA about this.
If UKBA say in writing that its one minor offense and we can over look it then you can go for ILR directly.
If rule of Zero Criminality Threshold only applies to settlement, cant you take following approch??
1) Go for ILR in person, you'll know the outcome in 24 hours. Spend 25GBP on a disclosure scotland and if case work is practicle and does not do a enhanced CRB you are fine.
CRB will check police national computer
Enhanced CRB will check police national computer + local computers.
2) If its a reject, then you can apply for Tier 1 (extension).
I am planning for the above route.
I find it very silly to extend my Tier 1 just for 3 months and then apply for ILR. Road tax should be looked at minor criminal conviction. I am going to call UKBA today and will let you know what they suggest.
What are you going to answer about in the form in the section where they ask about do you have any unspent conviction that only have two options to tick Yes or No. Where will you tick Yes or No?rushabhjvora wrote:Sure, I'll let you know once I speak with them.
I am going to try whole afternoon today untill I find some one.
I completely understand your point, its just matter of spending double visa fees.
According to me, if I go for ILR first, its a chance. I am definately going to mention about my offense with a clean disclosure scotland.
Now I cannot do a enhanced CRB anyways, so its upto them to look further. I am not hiding anything, I am saying that I hvae criminal convictions. In worst case my application will be refused.
Thereafter I'll go for Tier 1 (extension).
This is because I have seen people with more sever offenses, drinking and driving, getting banned for 20 months and still getting ILR.
Also, in my case, a case worker from NACRO said that UKBA will consider this as a minor criminal offense and UKBA should not have any issues. NACRO also said that UKBA only checks for severe criminal offenses (I am not saying that UKBA cannot check other local police records, but for ILR purpose, UKBA looks for major criminal offenses).
I am not sure if I'll take a chance but I have 6 months with me to think and look for more evidences from people getting ILR with minor criminal unspent convictions.
Will let you know what UKBA said.
Criminality Threshold only applies to settlement. This is also confirmed in an email from UKBA provided in post hererushabhjvora wrote:Called UKBA.
She said that if you have unspent convictions, you cannot apply untill its spent. Thats very obvious answer.
I asked can I apply for an extension. She said that you cannot if the conviction is unspent.
I am tensed now.
Basically I cannot apply for Tier 1 extension or an ILR because of this unspent conviction by not paying a road tax which was not my mistake at the first place.
Can any one give me a link saying that criminal threshold rules does not apply to Tier 1 (extension)?? may be UKBA person whom I talked might not have this knowledge.
How about PCN ? I have got the PCN for drove into restricted route and got the letter from Newham council to pay the fine of £65 and paid immediately.Do i need to disclose this in the ILR application?rushabhjvora wrote:Spoke with NACRO and he said UKBA does not have access to police local computers. so if a standard disclosure scotland is clean, you dont have to worry. UKBA only checks police national computer.
They wont object any non-recordable offenses such as not paid road tax. He said to me to relax and apply for settlement in July 2012.
He said mention about the offense. In notes, say that I was not sure if this is spent or not therefore I have done a standard Disclosure scotland check and its spent.
I belive this unless some one shows me a case where ILR is rejected on criminality threshold even if the person had a clean standard disclosre scotland.