ILR Success, 28day from EC & Criminal Conviction Court

[saraq]

ILR was granted to my husband yesterday by the grace of GOD.
Hsmp 2007-09 Tier 1 2009-2012
visa valid till 6 oct
went to croydon PEO
He had sp50 and failed to pay on time so pleaded guilty by post
here is what happend after that :

1. Went to Ali Bokhari Solicitors and he said only way is DLR, paid him fees n came back upset !
2. googled n found this forum
3. Got info regarding CRB and ACRO, got them and they came clean.
4. Than read guidance notes and booked peo appointment as per 28 days before EC as my husband entered in the UK within 3 months( 1 month and few days exactly)
5. Went to Victoria from Medivisas for final review of the case, paid £100 and what she said was he cant apply as per EC but with Entry date no matters he came within 3 months. That rule is for only people who got 5 yrs visa at once. Hence she gave away wrong info again !
6. Than I emailed settlements Uk SettlementOpsPolicy@homeoffice.gsi.gov.uk
and here what they replied

Dear Sara,

I can confirm that your understanding of the modernised guidance is correct and provided you can meet all other requirements, you will be eligible to apply for ILR in the 28 days before the 5th anniversary of your HSMP entry clearance start date.

xxx
UK Border Agency – Settlement Ops Policy team

Than I emailed disclosure scotland asking them about court fine that is not appearing in the CRB. Heres what they replied

NOT PROTECTIVELY MARKED

Sara,

If a conviction is considered spent under the Rehabilitation of Offenders Act 1974 then this would not appear on a basic disclosure.

Regards,
xxxx
PVG Customer Service Advisor
Disclosure Scotland
% 0870 609 6006
* pvg.enquiries@scotland.gsi.gov.uk

Went to peo yesterday, CW did not ask about section 7
what we wrote in the section 7

*ticked 7.1
* details given: CRB - No conviction ACRO - PNC Clean SP50 - pleaded guilty to court by post

CW took 20 mins n granted ILR

Finally I would thank everyone who gave right info and shared their stories. BUT I really want some experts to upgrade the knowledge and if they dont have any info dont reply to posts rather than giving wrong info because ppl who come here are worried!

[Rajuk09]

Congrats saraq.Couple of questions, Is it HSMP approved for 5 years initially ? any change in Visa after that in last 5 years ? Documents you provided ? and Could you share the emailId used to contact UKBA please.

[saraq]

No HSMP 2 + Tier 1 3 yrs
Victoria gave us wrong info as usual
SettlementOpsPolicy@homeoffice.gsi.gov.uk

[Rajuk09]

Thank you very much saraq.Can u also list the docs submitted ?

[gaurav76.5]

Hi Sara

Congrats..there is a debate going on this forum regarding these criminal conviction especially related to fine..Was your husband fined by the court???

[yallow]

congrats saraq!

Any absences?

[saraq]

BIG YES!

he received letter from court and pleaded guilty by post
The megistrate court sent th letter back with fine 250 and other charges totaling £360

The MAIN POINT is to get CRB and PNC checked

If u r fortunate, it will be clean showing no conviction
If so, means the fine was IGNORED

I even had phonic conversation with vetting manager in the police department who actually puts the details of the people in PNC
He told me that the fine was ignored n wont come in the CRB even prior to getting the CRB certificate.
Also as mentioned ablove, the Disclosure Scotlant also explained me this on phone as well that people who pay fine but it isnt on the CRB means fine was ignored and THEY DO NOT HAVE ANY UNSPENT CONVICTION.

Moral of story is get the checks done, of thr isnt anything than no matter what u have done it doesnt come under rehab act

I really really hope this becomes clear to every1 because I know what miserable time we went through because of all the conflicting info we received. ( 2 months of HELL n worries )

[saraq]

big yes on court
But no absences
5 yrs with only 35 absences

[gaurav76.5]

what a big relief because whenver we posted the question we were told as the court is involved you wont be eligible for ILR...

can you please elaborate what checks need to be done and how?

[saraq]

its crb from disclosure scotland n pnc from acro
u can get info from homeoffice website as well

[Pqek]

its crb from disclosure scotland n pnc from acro
u can get info from homeoffice website as well

Congrats for your husband's ILR; I have an issue with both certificates as I have PNC clean but CRB from disclosure Scotland with notes about my SP30 fine thru magistrate court. I have received advise that I should be ok but I'm not sure...

[jaberdene]

its crb from disclosure scotland n pnc from acro
u can get info from homeoffice website as well

Congrats for your husband's ILR; I have an issue with both certificates as I have PNC clean but CRB from disclosure Scotland with notes about my SP30 fine thru magistrate court. I have received advise that I should be ok but I'm not sure...

did you go court and pleaded guilty and got the point and fine?

[andy77]

Hi Sara

Congratulations on ur success, would u like to comment a bit more about the agents which u used, given the fact that they should know more about ilr requirements and procedures, its a bit concerning that their advice is not correct, what was ur first hand experience regarding them.

cheers

No HSMP 2 + Tier 1 3 yrs
Victoria gave us wrong info as usual
SettlementOpsPolicy@homeoffice.gsi.gov.uk

[Pqek]

its crb from disclosure scotland n pnc from acro
u can get info from homeoffice website as well

Congrats for your husband's ILR; I have an issue with both certificates as I have PNC clean but CRB from disclosure Scotland with notes about my SP30 fine thru magistrate court. I have received advise that I should be ok but I'm not sure...

did you go court and pleaded guilty and got the point and fine?

Hi Jaberdene, yes I went to court and pleaded guilty, I got 3 points on my license and £60 pounds fine. Reason for going to court was having international license on my first year in the UK. Note this happened in Scotland.