ILR for my depedant with criminal conviction

[desperatehouswife]

hi everyone,
i am new here.
my husband is about to apply for ILR after 5 years of work permit.
Our son and I are his dependants.
Recently I have been stopped by the police without full UK driving licence. I was told I would receive a letter from court. So I beleive if court is involved, then it is a crimonal conviction.

the question is
1. should i apply for ILR along with my husband.
2. my guess i should not, then i am thinking of FLR. can apply for FLR with unspent conviction?
3. if i can apply for FLR, then i probably can do only after my husband obtain ILR?

thank you everyone for your time and help

[panther80]

If you are fined by the Court, then you have an unspent conviction and ILR will not be granted. Your husband should apply for ILR and then you should apply for FLR and it doesnt matter if you have unspent conviction.

[geriatrix]

If you are fined by the Court, then you have an unspent conviction and ILR will not be granted. Your husband should apply for ILR and then you should apply for FLR and it doesn't matter if you have unspent conviction.

I don't understand why people make blank assertions without substantiating their claims with evidence or ascertaining the facts.

e.g. - here's a list of topics detailing approval of application despite "court fines" - contrary to the statement you have made.

[geriatrix]

my husband is about to apply for ILR after 5 years of work permit.

When?

Recently I have been stopped by the police without full UK driving licence.

What licence did you possess?

[panther80]

OP is going to be fined by the Court for an offence which is not deemed as minor, leading to an unspent conviction and thus not eligible for ILR.
OP has already said that husband is about to apply ILR, so I assume it will be in the very near future, so she will have to wait until 5 years for her conviction to become spent according to the current ROA Act and UKBA rules.

[geriatrix]

OP is going to be fined by the Court for an offence which is not deemed as minor, leading to an unspent conviction and thus not eligible for ILR.

Make an effort to read through the link provided in my response above before reiterating such "assumptions".

The OP has only stated that she was stopped for driving without a full UK driving licence. This can also mean that she may have been using an international driving permit ... and an offence in such circumstances is always dealt with by a court and a fine does not lead to criminal conviction!!! This could also mean driving on a learner's licence without required supervision or many other things .....

You have assumed that just because OP was stopped for driving without a full UK driving licence essentially means "not a minor offence" and a "court fine" and an "unspent conviction", and are ill-advising the OP based on your own assumptions!!

What if the OP can apply for settlement before she is supposedly "convicted"? Should she follow your wrong suggestion (based on your assumption) to apply for FLR instead?

[desperatehouswife]

thank you for your replies.

i was stopped by the police this Wednesday and had only provisional driving licence. without a doubt this is all my fault.

police said i would get a letter regarding court. have not received it yet.

my husband is to apply at the end of november.
i do not know how fast courts work. but is it likely that i am going to get a conviction by the time?

any advice?

[geriatrix]

Where did this happen? Scotland?

[desperatehouswife]

it happened in London.

[geriatrix]

As I have stated multiple times above (and also provided links to relevant topics), a fine from court does not necessarily mean "criminal or unspent conviction" - contrary to popular belief.

There is no point in speculating what the content of the "letter from court" will be and further speculating about the effect of the letter on your criminal record and even further speculating its effect on your immigration application.

Come back when you receive the letter and share with us what the letter states. We will take it from there.

And if no such letter arrives by the time your husband becomes eligible for settlement then do make sure that you include yourself as a dependant in the settlement application (assuming your meet all other requirements). Just mention the offence and what the policeman said in the form.

There is no need to worry without a valid reason. At this point you've just been told that you'll get a letter from court. Getting a letter from court has no effect on an immigration application!!

[stoorrey]

thank you for your replies.

i was stopped by the police this Wednesday and had only provisional driving licence. without a doubt this is all my fault.

police said i would get a letter regarding court. have not received it yet.

my husband is to apply at the end of november.
i do not know how fast courts work. but is it likely that i am going to get a conviction by the time?

any advice?

Court will send you a letter but it won’t be that soon, it will take quite some time. Then they will give you a date to appear before the court or plead guilty or not by post giving you enough time. If you don’t plead guilty then another date will be fixed for hearing that will again take a lot of time. By then your husband will be eligible for ILR, if he is not you can differ that date to some later date. It can take up to 6 months or more to get convicted by a court. Courts are very busy; they are not setting only to hear your case, they have hundreds and thousands of cases to hear. Don’t worry about it all. You will be Ok.
Just listen to what sushdmehta says. That’s authentic.