Postal ILR refused Can reapply at PEO?

umeruzair · Post by **umeruzair** » Thu Mar 29, 2012 10:03 pm

Hi,

I have a question and wondering if anyone can answer please,

If someone has refused the postal application ILR on the basis of criminal conviction as in license point driving without insurance. I read so many posts in the forum where people visit to PEO with the convictions and got the ILR, therefore I have the following question,

a. If we reapply at PEO will it be possible of been approved or they will just check the system and refuse.
b. Can we reapply at Solihull PEO and get the answer without lossing another fee as I read in the forum that people pay fee later at Solihull. Can anyone confirm that if you have visited the Solihull when did they pay the money.

Thanks for reading

innocentdevil · Post by **innocentdevil** » Thu Mar 29, 2012 10:11 pm

driving without insurance gives you IN** code. though it is a criminal conviction and you get points as well but it shouldn't be the basis of the rejection of your ILR.

what happened, when did you get caught, elaborate your scenario?

though I have to say driving without insurance is quite serious but so is using mobile phone and being drunk behind the wheel.

umeruzair · Post by **umeruzair** » Fri Mar 30, 2012 9:24 am

innocentdevil Hi,

Thanks for your prompt response basically this is for my friend and as far as i know he got points on driving without license and no insurance first and then when he got the UK driving license he got the points at it. Though the points will be cleared by April next year but he qualified for ILR himself therefore he applied in post and been refused on the above grounds. Therefore just wondering whether is it worth going to Solihull PEO and try the luck without incurring further fee.

Thanks

Post by **Casa** » Fri Mar 30, 2012 1:39 pm

If the postal application has already been refused then he has absolutely no chance of a PEO submission being granted. PEO officers would only refer this to a higher grade as they simply don't have the authority to make a decision on an application which isn't 100% straightforward. Of course they would check the system and see the refusal. The application would then be sent to be processed by the same case workers who refused the original application.
He needs to seek legal advice for an appeal and possibly Discretionary Leave, depending on his personal circumstances.

bluebird2011 · Post by **bluebird2011** » Fri Mar 30, 2012 1:49 pm

Was your frnd convicted in court.
How many points did he concede on his licence and how much was the fine?
There are so many people who got their ILR with the same offence. Is there any other reason for refusal which you have not yet disclosed?

umeruzair · Post by **umeruzair** » Fri Mar 30, 2012 2:29 pm

No there wasn't any court involvement and he only got 6 points but he just got refused on the basis of conviction and he did not appeal against it. However just wondering do we need to disclose this to Solihull PEO if we go there for the ILR.

Thanks

innocentdevil · Post by **innocentdevil** » Fri Mar 30, 2012 3:04 pm

if he has been refused just on that basis then ask him to appeal.

Post by **Casa** » Fri Mar 30, 2012 3:10 pm

It's not a question of 'disclosing it'. As soon as the PEO officer inputs the details into the computer the previous refusal will be evident.

His only option is to appeal the refusal...but he can't do this at a PEO.
Are you saying this was a Fixed Penalty and not issued by the court? Did he declare his conviction in his ILR postal application?

umeruzair · Post by **umeruzair** » Fri Mar 30, 2012 3:15 pm

Casa yes he has declared that in this application and that is why they have refused him.

innocentdevil · Post by **innocentdevil** » Fri Mar 30, 2012 3:19 pm

something else must be wrong here. they can't just refuse it on that basis.

Post by **Casa** » Fri Mar 30, 2012 3:33 pm

I agree with Innocentdevil. Either there's more to the refusal than is apparent here, or the case worker has made an error and your friend should appeal.
I assume in the refusal his rights to appeal were explained? Have you seen the written refusal?

bluebird2011 · Post by **bluebird2011** » Fri Mar 30, 2012 3:34 pm

Agreed with innocent devil. As long as this was a fixed penalty and your frnd was not convicted in court; he should get ILR. If there was no other reason for refusal; he should go to PEO rather than wasting time in appeal process.

Post by **Casa** » Fri Mar 30, 2012 3:41 pm

Bluebird, the PEO will not process this application.

This is from the 2011 updated Regulations for Immigration Officers regarding grounds for refusal:
Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time.

Mayu2010 · Post by **Mayu2010** » Fri Mar 30, 2012 3:52 pm

Hi can you just tell me when you apply your ILR application your Licence hold the points on your Licence or it was clear and they was found in 5 year history recode.

umeruzair · Post by **umeruzair** » Fri Mar 30, 2012 3:53 pm

the point were on the license and will clear by next year april

innocentdevil · Post by **innocentdevil** » Fri Mar 30, 2012 4:21 pm

the points stay on license for 5 years and are null and void after 4 years. The charges you pay i.e: 6 points and 120 quid fine is to end the matter without going in to the court of law.

what IN code does your friend have?

innocentdevil · Post by **innocentdevil** » Fri Mar 30, 2012 6:23 pm

http://www.lawontheweb.co.uk/Road_Traff ... enders_Act

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Postal ILR refused Can reapply at PEO?

Postal ILR refused Can reapply at PEO?