Need expert advise on ILR application with unspent period

[Shrikant1402]

Hi everyone,

Really need expert advise from someone...

I have un-spent conviction for Drink & drive due to which my ILR appliaction was not accepted. Lady who was checking my form said that I should not apply as it will get rejected and I may lose my fees. This was in July2011, three months after the rule was enforeced in Apr 2011.

Today, one of my friend applied for ILR without completing spent period for driving on indian license even after completing first year in UK, It was as good as driving without license. But his application was accepted and ILR was granted to him.

Now I am really confused. Was I wrongly advised? Here I am waiting for another two years to pass by so that I can apply ... or wonder if I am sitting in dard with wrong advise?

Can someone please explain?

Also can my tier 1 dependents apply for ILR without me?

[geriatrix]

You are assuming that your circumstances and your friend's are similar. The fact is that they are not.

Motoring offences when driving on International Driving Permits are dealt with courts as a matter of procedure. Such an offence may or may not lead to a conviction depending on whether the initial judgement (like the police giving a FPN to a UK licence holder) is complied with or not, or whether judgement handed down a conviction for the offence in question.

You have been advised appropriately. If you have an unspent conviction you are not eligible for settlement.

[Shrikant1402]

Thanks for clarifying.

I understand the rule is expected to change from 1/4/2013 which will reduce this period to one year.

Does this mean I can apply for ILR anytime after this date as my offense was committed in Jan-2009 for which I had to wait till 2014

[dsoso]

hi sushdmehta,
i see you are a moderator, with respect to some guys who allegedly said they were granted ilr despite 'u spent criminal convictions' like driving uninsured, what do you think is the reason they were granted this by the different case workers?is there room for discretion thus especiallh if their SAR, CRB disclosed no record held?
I do really need to understand the basis of this if anyone knows or can point me in the direction of some guidelines they follow as i am due for my ilr very soon.
Thanks

[geriatrix]

Thanks for clarifying.

I understand the rule is expected to change from 1/4/2013 which will reduce this period to one year.

Does this mean I can apply for ILR anytime after this date as my offense was committed in Jan-2009 for which I had to wait till 2014

The devil lies in the detail, so wait until the law is amended.