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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
she's your dependent so nothing to worry about.smoothturbo wrote:Hi all, My wife had to go court and pay a penalty for travelling on train without the correct fare. She is on a spouce visa which is due to expire on 06/12. We have a baby due in Feb and have a joint mortgage. Does she stand any chance of bieng issued an ILR? do UKBA take the baby and the mortgage into consideration when deciding whether to issue the ILR? I am a British citizen and I belive the baby automatically qualify for a British passport. Would they chuck the mother out of the country on her own? Should I use a lawyer for my application? any input would be greatly appreciated guys.
Thanks in advance
she would be rejected if it falls under rehabilitation of offenders act 1973. Normally, offences which lead to imprisonment. Travelling without a right fare is NOT a criminal offence nor would it appear on CRB check so she should be fine. If in doubt, request a CRB check.Obie wrote:Convictions of those sort tend to get spent within 6 months or even less.
Contrary to the previous contributor, i believe she would get rejected for settlemen if there is an unspent conviction.
However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.
Try not to loose sleep, she will not be kicked out.
I hope she has passed the life in the UK test.
Get her a monthly travel card or fill up he oyster with cash, so those accident don't occur in future.
That is not correct. Please see thisinnocentdevil wrote:
Travelling without a right fare is NOT a criminal offence nor would it appear on CRB check so she should be fine. If in doubt, request a CRB check.
Casa i use to hold the same view until i was corrected. I checked rechecked the immigration rules and realised the person was indeed correct.Casa wrote:Obie..sorry but you're not correct in this: 'However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.'
She must apply before her visa expires.
Given a fine was imposed the conviction will not become spent for five years, counting from the date of conviction in Court.court fined her £85
I mentioned Zambrano because OP mentioned his wife has a baby in his initial post, and i was merely stating that in worst case scenerio she will be given something even if she does not qualify for settlement under the immigration rules.John wrote:
And Zambrano, especially ahead of the UK Government changing the relevant regulations, I am struggling to see how that applies here.