Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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bongaye
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by bongaye » Tue Jan 31, 2012 10:59 pm
Ive been reading posts about ILR with convictions lately and i must confess it was really helpful
I had a traffic conviction in 2008 and was issued 3points on my licence and fined 60pounds for driving with an international licence for more than a year(never knew it was wrong anyway).i had an appointment in Birmingham and i must say it was the best ever experience
Arrived one hour late with hubby because the navigator took us all over the place!!security checks and explanations of why we were late.my number was called even before we sat down so we went straight to the counter.A man dealt with our case
he asked us for the application form which he went through and bamm he saw the conviction section i had filled stating everything that happened.he told me the new rules state that any conviction from the court must now be spent and asked me why i had to go to court.i explained that it was because i was using an international licence and that the police couldnt deal with it.i told him that i already done my crb a month ago and he asked to see it.i gave it to him and he went through and said that MIGHT be fine but that they still need to do theirs
he asked me if iwas ready to go ahead with the application and either lose 1350 or have ILR?My husband said i should rather wait till the conviction is spent than lose that much money but i said i will gamble so i went for it.paid the money and was asked to come after 2hrs
we came back after 1hr-too much tension and was told the senior member of staff wanted to have a word with me.i went in and he gave me the good news.i done my checks and everything is fine i will be granting u ILR.he said all international licences are dealt with in court.he said he was so pleased that i mentioned it which was a good thing.
at 12.00 we were back home with ILR.thanks to you all
Also watch out with lawyers.i went to a lawyer and hesaid there was no way i could have ilr with my traffic offence but i did.sometimes we can carry our troubles successfully without lawyers
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linkers
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by linkers » Tue Jan 31, 2012 11:05 pm
Congrats. I would completely agree with you bongaye. There is no point hiding convictions as it could lead to refusal of ILR.
It’s always advisable to be honest and declare everything in the form (as the HO is going to find out everything anyway through their checks).
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tknayak
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by tknayak » Tue Jan 31, 2012 11:30 pm
Congratulations and good to know about your success
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bobby80gh
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by bobby80gh » Wed Feb 01, 2012 4:36 pm
In 2006 I was stopped by the Police for driving on a provisional license and also without insurance. I received a letter from the court which I pleaded guilty so the case was not heard in court. I was given 3 points on my license and was fined which I paid. I have been renewing my visa since then but never mentioned it. My ilr is due very soon and I am very confused, as I can not state this incident at this time of the day when I have failed to mention it on various applications. With the current stringent checks I dont really know whether this incident will pop up when they do a check on me?
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linkers
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by linkers » Wed Feb 01, 2012 5:00 pm
The reason you didn’t have any issues in your previous applications is that the criminality threshold only applies to ILR (since 6th Apr 2011) and British Citizenship.
It doesn’t apply to Tier-1, 2, or WP etc at the moment.
If your conviction hasn’t been spent, I would suggest you should declare it as the HO will find out any way.
Also you may get your CRB from Scotland Disclosure.
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bongaye
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by bongaye » Wed Feb 01, 2012 11:27 pm
bobby80gh wrote:In 2006 I was stopped by the Police for driving on a provisional license and also without insurance. I received a letter from the court which I pleaded guilty so the case was not heard in court. I was given 3 points on my license and was fined which I paid. I have been renewing my visa since then but never mentioned it. My ilr is due very soon and I am very confused, as I can not state this incident at this time of the day when I have failed to mention it on various applications. With the current stringent checks I dont really know whether this incident will pop up when they do a check on me?
i think you do not need to mention that as it has already been spent.
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dsoso
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by dsoso » Thu Feb 02, 2012 7:49 pm
hello bongaye,many congratulations!i know how tension soaked you were and how elated you became with the success!
If you do not mind please, as i am in a similar infact worse off situation (driving without insurance),so for my clarification and understanding could you provide some more info; did the HO staff say you were given the ilr because the offence of driving with int licence because it was not a criminal offence or simply that it was because you stated it in your form?
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doubletrouble
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by doubletrouble » Thu Feb 02, 2012 8:47 pm
I was in exactly the same position as you. I was also convicted by court for the same offence. I didnot mention the first time but did on second. As I was out of 5 year window I did not mention during ILR extension and I am pleased to say I have received ILR.
If I were you I would tick No conviction box on application form as your conviction is spent anyway.
bobby80gh wrote:In 2006 I was stopped by the Police for driving on a provisional license and also without insurance. I received a letter from the court which I pleaded guilty so the case was not heard in court. I was given 3 points on my license and was fined which I paid. I have been renewing my visa since then but never mentioned it. My ilr is due very soon and I am very confused, as I can not state this incident at this time of the day when I have failed to mention it on various applications. With the current stringent checks I dont really know whether this incident will pop up when they do a check on me?
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bongaye
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by bongaye » Fri Feb 03, 2012 5:12 pm
dsoso wrote:hello bongaye,many congratulations!i know how tension soaked you were and how elated you became with the success!
If you do not mind please, as i am in a similar infact worse off situation (driving without insurance),so for my clarification and understanding could you provide some more info; did the HO staff say you were given the ilr because the offence of driving with int licence because it was not a criminal offence or simply that it was because you stated it in your form?
dsoso
they said it was a fixed penalty although it was issued by the court as i was using my international licence-all international licences fines are dealt with by the magiatrate court.i think you should do a crb and check.just register in a care agency and do one as u cant do one on your own.he told me the checks they do are very similar to the crb.make u mention it.do not lie!!
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cprav
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by cprav » Mon Feb 06, 2012 9:56 pm
Congratulation bongaye,
could you please clarify about my offence, I had been convicted with LC20 offence, when i was caught i told them driving with international driving licence they said i can drive with that licence only for 1 year and said expired and asked my provisional licence i showed them .after 3 months received summons, i pleaded guilty by post i had been fined 60 pounds and 3 points.but i am not sure why police sent my case to court even though holding a provisional licence.do you think does it effect? Thank you please help me if you have any idea about this.thanks.
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cprav
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by cprav » Mon Feb 06, 2012 10:00 pm
Hi bongaye
One more thing I forgot to mention, I had applied for Scotland basic disclosure and got the result with no offences.
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t0mmy
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by t0mmy » Tue Feb 07, 2012 9:28 am
congrats bongaye.
One thing- how did you get your CRB check carried out. Discolsure Scotland or through some other agency?
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bongaye
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by bongaye » Tue Feb 07, 2012 5:36 pm
cprav wrote:Congratulation bongaye,
could you please clarify about my offence, I had been convicted with LC20 offence, when i was caught i told them driving with international driving licence they said i can drive with that licence only for 1 year and said expired and asked my provisional licence i showed them .after 3 months received summons, i pleaded guilty by post i had been fined 60 pounds and 3 points.but i am not sure why police sent my case to court even though holding a provisional licence.do you think does it effect? Thank you please help me if you have any idea about this.thanks.
Cprav i had exactly your same conviction LC20 and the same number of points and fine as you.i did my crb through my place of work since it is done every year.i would advice u not to lie about it and also go to solihull for peo service.you would be fine.they do their own checks anyway.the crb or disclosure scotland is just for your own peace of mind.
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bongaye
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by bongaye » Tue Feb 07, 2012 5:41 pm
[quote="t0mmy"]congrats bongaye.
One thing- how did you get your CRB check carried out. Discolsure Scotland or through some other agency?[/quotem
tommy
mine was an enhanced crb check done through my place of work as it is done every year and the staff in solihull told me that he thinks i will be fine because they do a similar check.please please use solihull.i have seen people denied ILR in other PEO`S due to the case workers not understanding the new rules and just making decisions based on the information you have filled on your form
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pkp
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by pkp » Tue Feb 07, 2012 8:55 pm
Hi, I have two traffic offence on my license TS10 and SP30. TS10 is now more than 4 years old so I guess it does not matter a lot but for SP30 I am yet to complete 4 years and I am going to Croydon this Friday for ILR so has any one had been in similar situation and had any questions from the CW and how did you over come.
Looking forward for your comment and suggestions.
Thanks,
PKP
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cprav
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by cprav » Thu Feb 09, 2012 6:40 pm
Hi bongaye, sorry I haven't checked this forum since 2 days so couldn't reply you. Thank you for replying and this information helps me to come out from my stress with this offence.Thanks a lot once again.
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dsoso
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by dsoso » Mon Feb 13, 2012 12:53 am
thanks for getting back to me bongaye.i did not do a crb check but applied to the police national computer database(ACRO) to check for any criminal offence in my name and this came back with (none).now not sure of what to do next,shd i still state my offence of drivin uninsured even as a no of pple ve said dat d PEO carry out same check?
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cheekyvirgin
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by cheekyvirgin » Mon Feb 13, 2012 2:06 pm
can someone answer if unpaid congestion charges also comes up as conviction or something. I am apply for ILR in 3 months time.
Many thanks[/b]
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sys_sagar
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by sys_sagar » Mon Feb 13, 2012 5:48 pm
Hi Bongaye,
I am surprised you were not asked why you didn't declare in your application for extension in 2009?
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bongaye
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by bongaye » Tue Feb 14, 2012 11:08 pm
cheekyvirgin wrote:can someone answer if unpaid congestion charges also comes up as conviction or something. I am apply for ILR in 3 months time.
Many thanks[/b]
not convictions
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bongaye
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by bongaye » Tue Feb 14, 2012 11:10 pm
sys_sagar wrote:Hi Bongaye,
I am surprised you were not asked why you didn't declare in your application for extension in 2009?
i declared it on my previous application and my flr was granted.remember the rules came into force in april 2011 and can affect you only if you are applying for ILR